There is no more uniformity in the mode of procedure than in the extent

of application. At least five methods are distinguished. In the most

complete and regular form a vote is taken every year in all localities

whether there shall be licences or not in the ensuing year and is

decided by a bare majority. A second method of applying the general vote

is to take it at any time, but not oftener than once in four years, on

the demand of one-tenth of the electorate. A third plan is to apply this

principle locally and put the question to the vote, when demanded, in

any locality. A fourth and entirely different system is to invest the

local authority with powers to decide whether there shall be licences or

not; and a fifth is to give residents power to prevent licences by means

of protest or petition. The first two methods are those most widely in

force; but the third plan of taking a local vote by itself is adopted in

some important states, including New York, Ohio and Illinois. Opinions

differ widely with regard to the success of local veto, but all

independent observers agree that it is more successful than state

prohibition, and the preference accorded to it by so many states after

prolonged experience proves that public opinion broadly endorses that

view. Its advantage lies in its adaptability to local circumstances and

local opinion. It prevails mainly in rural districts and small towns; in

the larger towns it is best tolerated where they are in close proximity

to "safety valves" or licensed areas in which liquor can be obtained;

the large cities do not adopt it. On the other hand, it has some serious

disadvantages. The perpetually renewed struggle between the advocates

and opponents of prohibition is a constant cause of social and political

strife; and the alternate shutting up and opening of public houses in

many places makes continuity of administration impossible, prevents the

executive from getting the traffic properly in hand, upsets the habits

of the people, demoralizes the trade and stands in the way of steady

improvement.

_Public Dispensaries._--This entirely different system of controlling

the traffic has been in general operation in one state only, South

Carolina; but it was also applied to certain areas in the neighbouring

states of North Carolina, Georgia and Alabama. The coloured element is

very strong in these states, especially in South Carolina, where the

coloured far exceeds the white population. The dispensary system was

inaugurated there in 1893. It had been preceded by a licensing system

with local veto (adopted in 1882), but a strong agitation for state

prohibition brought matters to a crisis in 1891. The usual violent

political struggle, which is the only constant feature of liquor

legislation in the United States, took place, partly on temperance and

partly on economic grounds; and a way out was found by adopting an idea

from the town of Athens in Georgia, where the liquor trade was run by

the municipality through a public dispensary. A law was passed in 1892

embodying this principle but applying it to the whole state. The measure

was fiercely contested in the courts and the legislature for years and

it underwent numerous amendments, but it survived. Under it the state

became the sole purveyor of liquor, buying wholesale from the

manufacturers and selling retail through dispensaries under public

management and only for consumption off the premises. Many changes were

introduced from time to time without abandoning the principle, but in

1907 the system of state control was replaced by one of county

administration. Local veto is also in force, and thus the localities

have the choice of a dispensary or no sale at all. The regulations are

very strict. The dispensaries are few and only open on week-days and

during the day-time; they close at sunset. Liquor is only sold in

bottles and in not less quantities than half a pint of spirits and a

pint of beer, and it must be taken away; bars are abolished. There is a

general consensus of testimony to the effect of the system in improving

public order especially among the coloured population, who are very

susceptible to drink. The law seems to be well carried out in general,

but Charleston and Columbia, the only two considerable towns, are

honeycombed with illicit drink-shops, as the writer has proved by

personal experience. Columbia is the capital and the seat of cotton

manufactures, as are all the larger towns, with the exception of

Charleston, which is the port and business centre. The population of the

state is predominantly rural, and local prohibition obtains in 18 out of

41 counties.

The following statistical comparison, extracted from the United States

Census of 1900 and the Inland Revenue Returns by Mr W. O. Tatum (_New

Encyclopedia of Social Reform_) and here presented in tabular form, is

highly instructive. It shows the population and number of liquor

dealers paying the United States tax in two prohibition states, one

state under what is considered the best licensing system, and South

Carolina.

+-------------------------+-----------+----------+--------+

| | | Wholesale| Retail |

| State. |Population.| Liquor | Liquor |

| | | Dealers. |Dealers.|

+-------------------------+-----------+----------+--------+

| Maine (Prohibition) | 694,466 | 51 | 1366 |

| Kansas (Prohibition) | 1,470,495 | 129 | 3125 |

| Massachusetts (Licence) | 2,805,346 | 617 | 5092 |

| S. Carolina (Dispensary)| 1,340,316 | 13 | 534 |

+-------------------------+-----------+----------+--------+

This table may be said to epitomize the results of the United States

restrictive liquor laws. It presents examples of three different

systems; the proportion of retail liquor sellers to population

is--under complete prohibition, 1 to 508 and 1 to 475; under licence

and local prohibition, 1 to 530; under dispensary and local

prohibition, 1 to 2509. But the remarkable thing is the enormous

amount of illicit traffic existing under all three systems. It is

incomparably greatest under complete prohibition because the whole of

the traffic in these states is illicit. In South Carolina one of the

wholesale dealers and 388 of the 534 retailers were illicit. In

Massachusetts the number cannot be stated, but it is very large. If

the whole state were under licence the total legal number of licences,

which is limited in proportion to population (see above), would be

3400; and in that case there would be some 1700 illicit retailers. But

a large part of the state, probably more than half, is under local

prohibition, so that the majority of the 5000 retail dealers must be

illicit. These facts, which are typical and not exceptional, reveal

the failure of the laws to control the traffic; only partial or

spasmodic attempts are made to enforce them and to a great extent they

are ignored by common consent. The illegal trade is carried on so

openly that the United States revenue officers have no difficulty in

collecting the federal tax. It is not a satisfactory state of things,

or one which countries where law is respected would care to imitate.

The example is a good lesson in what to avoid.

_Taxation._--Mention has been made above of the federal and state

taxation imposed on the liquor trade. The former is uniform; the

latter varies greatly, even in those states which have adopted the

"high licence." This system is intended to fulfil two purposes; to act

as an automatic check on the number of licences and to produce

revenue. It was introduced in Nebraska in 1881, when a tax of 1000

dollars (£200) was placed on saloons (public houses) in large towns,

and half that amount in smaller ones. The practice gradually spread

and has now been adopted by a large number of states, noticeably the

populous and industrial north-eastern and central states. In

Massachusetts, where the high licence was adopted in 1874 when the

state returned to licensing after a trial of prohibition, the fees are

exceptionally high, the minimum for a fully licensed on and off house

being 1300 dollars (£260); in Boston the average tax is £310. In New

York state it ranges from 150 dollars (£30) in sparsely populated

districts to 1200 dollars (£240), and in Pennsylvania it is much the

same. In New Jersey, on the other hand, it ranges from £20 to £60; in

Connecticut from £50 to £90; in Rhode Island from £40 to £80. In

Missouri, which has a special system of its own and a sort of sliding

scale, great variations occur and in some cases the tax exceeds £500.

In Michigan it is uniform at £100. The mean for the large cities is

£133. The revenue derived from this source is distributed in many

ways, but is generally divided in varying proportions between the

state, the county and the municipality; sometimes a proportion goes to

the relief of the poor, to road-making or some other public purpose.

The amount levied in the great cities is very large. It will be seen

from the foregoing that the taxation of licences is much heavier in

the United States than in the United Kingdom. The total yield was

ascertained by a special inquiry in 1896 and found to be rather less

than 12 millions sterling; in the same year the yield from the same

source in the United Kingdom was just under 2 millions. Allowing for

difference of population the American rate of taxation was 3¼ times as

great as the British. It has been inferred that the liquor trade is

much more highly taxed in the United States and that it would bear

largely increased taxation in the United Kingdom; that argument was

brought forward in support of Mr Lloyd George's budget of 1909. But it

only takes account of the tax on licences and leaves out of account

the tax on liquor which is the great source of revenue in the United

Kingdom, as has been shown above. The scales are much lower in the

United States, especially on spirits, which are only taxed at the

average rate of 5s. 8d. a gallon against 11s. (raised to 14s. 9d. in

1909) in the United Kingdom. Mr Frederic Thompson has calculated out

the effect of the two sets of rates and shown that if British rates

were applied to the United States the average yield in the three years

ending 1908 would be raised from 44 millions to 76 millions; and

conversely if American rates were applied to the United Kingdom the

average yield would be lowered from 36 millions to 23 millions. Taking

licences and liquor taxation together he finds that the application of

the British standards for both would still raise the total yield in

the United States by 39%; and that even the exceptionally high rates

prevailing in Massachusetts would, if applied to the United Kingdom,

produce some 4 millions less revenue than the existing taxation. Other

calculations based on the consumption and taxation per head lead to

the same conclusion that the trade is actually taxed at a considerably

higher rate in the United Kingdom. In the three years ending 1908 the

average amount paid per head in taxation was 13s. 8¾d. in the United

States and 17s. 6¾d. in the United Kingdom. It may be added that the

method of taxing licences heavily has certain disadvantages; it

stimulates that illicit trade which is the most outstanding feature of

the traffic in the United States, and combined with the extreme

insecurity of tenure involved in local option it gives licence-holders

additional inducements to make as much money as possible by any means

available, while they have the opportunity, for no compensation is

ever paid for sudden dispossession. The notion that the trade will

stand an indefinite amount of taxation is a dangerous and oft-proved

fallacy.

_European Countries._

With the exception of Sweden, Norway and Russia, which have special

systems of their own, the continental countries of Europe have as yet

paid comparatively little legislative attention to the subject of the

liquor traffic, which is recognized by the law but for the most part

freely permitted with a minimum of interference. Differences exist, but,

generally speaking, establishments may be opened under a very simple

procedure, which amounts to an elementary form of licensing, and the

permission is only withdrawn for some definite and serious offence.

Regulations and conditions are for the most part left to the discretion

of the local authority and the police and are not burdensome. The reason

for such freedom as compared with the elaborate and stringent codes of

the United Kingdom and the United States is not less concern for public

welfare but the simple fact that the traffic gives less trouble and

causes less harm through the abuse of drink; the habits of the people

are different in regard to the character of the drinks consumed, the

mode of consumption and the type of establishment. Cafés, restaurants

and beer-gardens are much more common, and mere pot-houses less so than

in the English-speaking countries. Where trouble arises and engages the

attention of the authorities and the legislature, it is almost

invariably found to be associated with the consumption of spirits. In

several of the wine-producing countries, which are generally marked by

the temperate habits of the people, the widespread havoc among the vines

caused some years ago by the phylloxera led to an increased consumption

of spirits which had a bad effect and aroused considerable anxiety. This

was notably the case in France, where an anti-alcohol congress, held in

1903, marked the rise of public and scientific opinion on the subject.

Temperance societies have become active, and in some countries there is

a movement towards stricter regulations or at least a demand for it; but

in others the present law is a relaxation of earlier ones.

_France._--The present law governing the licensing of establishments

where liquor is sold for consumption on the premises was passed in

1880; it abrogated the previous decree of 1851, by which full

discretion was vested in the local authorities, and freed the traffic

from arbitrary restrictions. It provides that any person desiring to

open a café, cabaret or other place for retailing liquor must give

notice to the authorities, with details concerning himself, the

establishment and the proprietor, at least 15 days beforehand; the

authority in Paris is the préfecture of police and elsewhere the

mairie. Transfers of proprietorship or management must be notified

within 15 days, and intended transference of location 8 days

beforehand. The penalty for infraction is a fine of 16 francs to 100

francs. Legal minors and persons convicted of certain crimes and

offences--theft, receiving stolen goods, various forms of swindling,

offences against morality, the sale of adulterated articles--are

prohibited; in the case of crimes, forever; in the case of offences,

for five years. Otherwise permission cannot be refused, subject to

conditions which the local authority has power to lay down regulating

the distance of such establishments from churches, cemeteries,

hospitals, schools and colleges. But persons engaged in the trade, who

are convicted of the offences mentioned above and of infraction of the

law for the suppression of public drunkenness, are disabled, as above.

The law practically amounts to free trade and the number of houses has

increased under it; in 1900 there was one to every 81 persons. This

proportion is only exceeded by Belgium. Under the Local Government Act

of 1884 municipal authorities are empowered, for the maintenance of

public order, to fix hours of closing, regulate dancing, forbid the

employment of girls and the harbouring of prostitutes and make other

regulations. The hours of closing differ considerably but usually they

are 11 P.M., midnight or 1 A.M. The trade is lightly taxed; retailers

pay from 15 to 50 francs a year; wholesale dealers, 125 francs;

breweries the same in most departments, distilleries 25 francs. The

excise revenue from liquor amounted to £20,000,000 in 1900.

_Germany._--The German law and practice are broadly similar to the

French, but the several states vary somewhat in detail. Under the

imperial law of 1879 inns or hotels and retail trade in spirits for on

or off consumption may not be carried on without a permit or licence

from the local authority which, however, can only be refused on the

ground of character or of unsuitability of premises. This is the

general law of the empire; but the state governments are empowered to

make the granting of a licence for retailing spirits dependent on

proof that it is locally required, and also to impose the same

condition on inn-keeping and the retailing of other drinks in places

with less than 15,000 inhabitants and in larger ones which obtain a

local statute to that effect. Before a licence is granted the opinion

of the police and other executive officers is to be taken. The

licensing authority is the mayor in towns and the chairman of the

district council in rural areas. The provisions with regard to the

dependence of a licence on local requirements have been adopted by

Prussia and other states, but apparently little or no use is made of

them. Permits are very freely granted, and the number of licensed

houses, though not so great as in France, is very high in proportion

to population. Three classes of establishment are recognized--(1)

_Gast-wirthschaft_, (2) _Schank-wirthschaft_, (3) _Klein-handel_.

_Gast-wirthschaft_ is inn-keeping, or the lodging of strangers in an

open house for profit, and includes "pensions" of a public character;

the imperial law provides that a licence may be limited to this

function and need not include the retailing of liquor.

_Schank-wirthschaft_ is the retailing for profit of all sorts of

drinks, including coffee and mineral waters; it corresponds to café in

France and refreshment house in England; but the mere serving of food

does not come under the law with which we are here concerned.

_Klein-handel_ is retail sale either for on or off consumption, and

the liquor for which a licence is required in this connexion is

described as _branntwein_ or _spiritus_, and is defined as distilled

alcoholic liquor, whether by itself or in combination. A licence for

_Schank-wirthschaft_ includes _Klein-handel_, but not vice-versa; none

is required for the retail sale of wine which is the seller's own

produce. Licences may be withdrawn for offences against the law.

Licensed houses are under the supervision of the police, who fix the

hours of closing; it is usually 10 P.M., but is commonly extended to

11 P.M. or midnight in the larger towns and still later in the case of

particular establishments. Some cafés in Berlin do not close till 3

A.M. and some never close at all. Persons remaining on the premises in

forbidden hours after being ordered to leave by the landlord are

liable to punishment. Serving drunkards and persons of school age is

forbidden. Drunkards, in addition to fines or imprisonment for

disorderly conduct, are liable to be deprived of control of their

affairs and placed under guardianship. For music and dancing special

permits are required. With regard to taxation, in Prussia all business

establishments beyond a certain value pay an annual tax and licensed

houses are on the same footing as the rest. Businesses producing less

than £75 a year or of less than £150 capital value are free; the rest

are arranged in four classes on a rising scale. In the three lower

classes the tax ranges from a minimum of 4s. to a maximum of £24; in

the highest class, which represents businesses producing £2500 and

upwards (or a capital value of £50,000 and upwards) the tax is 1% of

the profits. There is also a stamp duty on the licence ranging from

1s. 6d. to £5. The latter goes to the local revenue, the business tax

to the government. Beer and spirits are also subject to an excise tax,

from which the imperial revenue derived £7,700,000 in 1901; but the

total taxation of the liquor trade could only be calculated from the

returns of all the federated states.

The laws of France and Germany are fairly representative of the

European states, with some minor variations. In _Holland_ the number

of licensed spirit retailers is limited in proportion to population (1

to 500), and the taxation, which is both national and local, ranges

from 10 to 25% of the annual value.

In _Austria-Hungary_ and _Rumania_ the licence duty is graduated

according to the population of the place, as used to be the case in

Prussia. In 1877 a severe police law was applied to Galicia in order

to check the excesses of spirit-drinking. The Poles, it may be

observed, are spirit-drinkers, and the exceptional treatment of this

part of the Austrian empire is one more illustration of the trouble

arising from that habit, which forces special attempts to restrain it.

The law, just mentioned, in Holland is another instance; and the

particular cases of Russia and Scandinavia, described below, enforce

the same lesson. Where the drink of the people is confined to wine and

beer there is comparatively little trouble. In _Switzerland_ the

manufacture and wholesale sale of spirits has been a federal monopoly

since 1887, but the retailing is a licensed trade, as elsewhere, and

is less restricted than formerly. Before federation in 1874 the

cantons used to direct local authorities to restrict the number of

licences in proportion to population; but under the new constitution

the general principle of free trade was laid down, and the Federal

Council intimated to the cantonal authorities that it was no longer

lawful to refuse a licence on the ground that it was not needed.

_Russia._--In 1895 Russia entered upon an experiment in regard to the

spirit traffic and began to convert the previously existing licence

system into a state monopoly. The experiment was held to be successful

and was gradually extended to the whole country. Under this system,

which to some extent resembles that of South Carolina but is much less

rigid, the distilleries remain in private hands but their output is

under government control. The retail sale is confined to government

shops, which sell only in sealed bottles for consumption off the

premises, and to commercial establishments which sell on commission

for the government. Spirit bars are abolished and only in a few high

class restaurants are spirits sold by the glass; in ordinary

eating-houses and at railway refreshment rooms they are sold in sealed

government bottles but may be consumed on the premises. The primary

object was to check the excesses of spirit-drinking which were very

great in Russia among the mass of the people. The effect has been a

very large reduction in the number of liquor shops, which has extended

also to the licensed beer-houses though they are not directly affected

as such. Presumably when they could no longer sell spirits it did not

pay them to take out a licence for beer.

Encyclopaedia Britannica, 11th Edition, "Liquid Gases" to "Logar" Volume 16, Slice 7 · 第 8 / 45 段