CHAPTER I.

Produced by The Online Distributed Proofreading Team at

http://www.pgdp.net (This file was produced from images

generously made available by The Internet Archive/American

Libraries.)

SOBER BY ACT OF PARLIAMENT

BY FRED A. MCKENZIE

LONDON

SWAN SONNENSCHEIN & Co., LTD.

NEW YORK: CHARLES SCRIBNER'S SONS

1896

TO THE MEMORY OF MY FATHER,

WHO, THOUGH PASSED FROM HUMAN KEN,

HAS LEFT BEHIND A PRECIOUS REMEMBRANCE

OF LOVING KINDNESS AND UNFAILING SYMPATHY,

THIS BOOK IS DEDICATED.

PREFACE.

It is a truism that men of all shades of opinion are desirous to promote

sobriety. It is the _raison d'etre_ of the teetotaler and the declared aim

of the publican. The advocate of prohibition and the man who would make

the trade in drink as free as the sale of bread both profess to be

actuated by a desire to extirpate inebriety. Can legislation aid us in

accomplishing this end, and if so in what way and to what extent? This

volume is an attempt to partly answer the question, not by means of

elaborate theories or finely drawn inferences, but by a statement of the

actual results obtained from liquor laws in various parts of the world.

Whatever shortcomings may be found in the following pages, I have done my

best to ensure their honesty and fairness. I have written with a brief for

no particular policy, but with a sincere desire to learn, free from the

blinding mists of partisan prejudice, the truth about all. My conclusions

may appear to some mistaken, and my treatment inadequate, but I have never

suppressed facts that told against my own opinions, arranged statistics

to suit myself, or consciously placed incidents in a disproportionate

light. The subject is altogether too serious, and involves issues too

grave, to allow one to indulge in one-sided statements, garbled facts, or

lying statistics.

As far as possible, the facts and figures given are taken from official

sources. I must acknowledge my indebtedness to many correspondents in

America, in Australia, and on the Continent of Europe, as well as at home,

who have helped me by collecting statistics and supplying information.

Without their aid my investigations would have been far more difficult

than they have proved. I am also greatly obliged to the Editor of the

_Pall Mall Gazette_ for permission to reproduce portions of several

articles of mine on "Liquor Laws," which appeared in his journal and in a

_Pall Mall Gazette_ "Extra" during 1893.

FRED A. McKENZIE.

46 OXBERRY AVENUE,

FULHAM.

CONTENTS.

PART I.--AMERICA.

CHAPTER PAGE

I. THE STATE AS SALOON KEEPER 9

II. RUM AND POLITICS 21

III. FORTY YEARS OF PROHIBITION 32

IV. PROHIBITION IN KANSAS 45

V. THE LAW THAT FAILED 53

VI. HIGH LICENCE IN PENNSYLVANIA 67

PART II.--GREATER BRITAIN.

I. PROHIBITION AND LOCAL OPTION IN CANADA 75

II. LOCAL CONTROL IN NEW ZEALAND 92

III. LICENSING IN AUSTRALIA 104

PART III.--THE CONTINENT OF EUROPE.

I. THE STATE AS DISTILLER 112

II. THE GOTHENBURG SYSTEM 122

PART IV.--ENGLAND.

I. THE GROWTH OF THE LICENSING SYSTEM 133

II. PROPOSED REFORMS 147

III. THE PROBLEMS OF REFORM 169

IV. THE PATH OF PROGRESS 191

APPENDICES.

I. THE CONDITION OF WORKING MEN IN MAINE 199

II. THE GIN ACT, 1736 200

SOBER BY ACT OF PARLIAMENT.

PART I.

AMERICA.

CHAPTER I.

THE STATE AS SALOON KEEPER.

During the last few months South Carolina has been the scene of a

remarkable experiment in liquor legislation, which has attracted

considerable attention from social reformers everywhere. Though

professedly based on the Gothenburg system, the Dispensaries Act differs

from its prototype in many important respects. As in Sweden, the element

of individual profit is eliminated, and the control of the trade is taken

out of the hands of private persons; but in place of the drink shops being

conducted by the municipalities, they are placed under the direct

supervision of the State Government. The saloon has been abolished, and

its place taken by dispensaries, where liquor can only be obtained in

bottles for consumption off the premises. All public inducements to

tippling have been removed at a sweep; and while it is possible for any

sober adult to obtain what liquor he wishes, no one is pecuniarily

interested in forcing intoxicants on him. The Act was in operation for too

short a time to allow anything definite to be said as to its success or

failure. It received the fiercest opposition from an influential body of

politicians, and from the more lawless section of the community; and the

dispossessed saloon keepers, with all the following they could command,

naturally did their best to cause it to fail.

In the election of 1892 the prohibition party showed great activity, and

succeeded in obtaining a majority at the polls. The question of the

control of the liquor traffic occupied a foremost place at the meeting of

the new Legislature. Many members were in favour of out-and-out

prohibition, and a Bill was introduced to make the manufacture or sale of

drink illegal. But, after considerable debate on the subject, a new

measure was hastily brought before the Senate, at the instigation of the

Governor, the Hon. Benjamin R. Tillman, as a compromise between the views

of the extreme prohibitionists and those who held that, in the present

condition of public opinion, prohibition would be largely inoperative, and

consequently injurious to the temperance cause. The measure was rushed

through the Legislature with little or no debate, and at once received the

sanction of the Governor.

Governor Tillman is undoubtedly a remarkable man, of bold initiative and

great force of character; and it is impossible to understand the situation

in South Carolina without knowing something about him. Within the last

decade he has risen from obscurity to the supreme power in the State, and

to-day he is "boss" of South Carolina. He first came to the front in 1885,

by his bitter denunciations of the local Democratic rulers. He is himself

a Democrat, but this did not prevent him from bringing the most serious

charges against the members of the aristocratic ring that held the reins

of Government. He charged them with being the enemies of the poor and

oppressors of the people, whose one aim was to conduct public affairs so

as to benefit themselves. At first the high-class politicians treated him

with a half-amused, half-contemptuous scorn, sneered at what they were

pleased to call his ignorant talk, and held his language up to ridicule.

And in truth, if reports may be believed, his vigour of speech gave his

enemies abundant cause to blaspheme. He was not particular in his choice

of phrases, and he did not hesitate to pile up the most picturesque and

sanguinary expressions in describing his opponents.

But the people rallied around him. "I am rough and uncouth, but before

Almighty God I am honest," he said to them; and they believed him. The

poorer country folks were his first followers, then the Farmers' Alliance

came to his support, and before the old politicians had ceased to wonder

at the audacity of the young man, they began to learn that their days of

power were over. In 1890 he stood for the Governorship in opposition to

the regular Democratic candidate. He stumped the State, and met with a

most enthusiastic reception. He was elected by a large majority, and the

power of the old ring was, for a time at least, broken. Two years later he

was once more elected to the same post, and until he tried to carry out

the Dispensaries Act his authority was supreme in the State. One thing is

certain: if Governor Tillman cannot secure obedience to the law, it will

be difficult to find any one else who can.

The chief provisions of the original dispensary law are as follows. No

persons or associations of persons were allowed to make, bring into the

State, buy or sell any intoxicating liquors, except as provided for by the

Act. Districts that were previously under prohibition continued so, but in

other parts the traffic was conducted by State-appointed officials. The

Governor appointed a Commissioner, whom he must believe to be an abstainer

from intoxicants; and this official, under the supervision of the State

Board of Control, purchased all strong drink to be sold in the State, and

generally acted as head of the dispensaries. The State Board appointed in

each county a local Board of Control, composed of three persons believed

not to be addicted to the use of intoxicants. These County Boards made the

rules for the sale of drink in their own districts, subject to the

approval of the State Board; and they also appointed dispensers who had

the sole power of selling liquors in the districts where they were placed.

There are many minute restrictions which had to be observed by the

dispensers in vending their wares. A would-be buyer must make a request in

writing, stating the date, his age and residence, and the quantity and

kind of liquor required. If the applicant was intoxicated, or if the

dispenser knew him to be a minor or in the habit of using strong drink to

excess, then he must refuse to supply him. If the dispenser did not know

the applicant personally, then a guarantee must be given by some person

known to both buyer and seller that the former was neither under age nor a

habitual drunkard. Sales were only to be made during daytime, and the

liquor was not to be drunk on the premises.

The penalties for breaches of the law were very severe, ranging as high as

imprisonment for not under one year or over two years for repeated illegal

sales. All profits obtained by the work of the dispensary were divided in

three parts,--one half for the State, one quarter for the municipality,

and one quarter for the county. The hope of obtaining a considerable

revenue was undoubtedly one of the main reasons for passing the Act, and

Governor Tillman anticipated a profit of half a million dollars a year for

the State.

The dispensers were paid, not according to the quantity of their sales,

but at a fixed salary named by the Board, and not allowed to exceed a

certain amount. It was provided in the original Act that dispensaries

could only be opened in cities and towns, and then not unless the majority

of the citizens of a place signed a petition requesting to have them.

The new measure came into force on 1st July, 1893. For many weeks

previously there had been great excitement in the State, and as June drew

to an end the saloon keepers put forth strenuous efforts to do the utmost

possible business in the short time that was left to them. "The situation

all over South Carolina to-night," said a despatch from Charleston on 30th

June, "is peculiar. In Charleston there has been in progress all day a

huge whisky fair. The air is filled with the tintinnabulation of the

auction bells and with the cries of the auctioneer; in dozens of liquor

stores are crowds of free-born American citizens buying whisky, wine and

beer to lay in a stock against the dry spell, which sets in to-night. In

the fashionable groceries extra forces of clerks have been at work day and

night for a week, putting up demi-johns and kegs of whisky, brandy, rum,

gin, and wine; and battalions of drays and delivery waggons have been

employed carting the goods to the railroad depots and to the various

residences. It is no exaggeration to say that there are not 1000 out of

the 10,000 houses of white people in the city that are not provided with a

supply of liquors to last six months at least."

Six counties in the State are under statutory prohibition, and

consequently no dispensaries could be opened in them. In many other parts

the people refused to come under the Act, and in towns especially there

was a spirit of undisguised opposition to the measure. It is in the towns

that the old-line Democrats, whom Tillman drove from office, have always

been the strongest. With the passing of the Act they saw their opportunity

to have vengeance on him, and possibly to regain their old majority; and

they resolved to do their best to wreck his Bill. In Charleston the word

went forth that the law was to be ignored, and, as far as the city

authorities could accomplish that end, it has been set at defiance. When

the State constables have arrested liquor sellers, the constables have

been mobbed and ill-treated; the sheriff has packed the juries; the

justices who have tried liquor cases have been notoriously opposed to the

law; and, as an inevitable consequence, the clearest evidence of illegal

liquor selling has been insufficient to convict any offender there. What

is true of Charleston is almost equally true of several other places.

This, it must be understood, is not because of any fault of the Act; but

because eager partisans are willing to perjure themselves, to break

through the most sacred obligations of office, and to descend to any

tricks in order to ruin the Tillmanites.

The prohibitionists have been divided in their attitude. Some of them

warmly support the law, but others have united with the old-line Democrats

in opposing it. They are mostly willing to admit that the Tillmanite

dispensaries are a vast improvement over the former reign of the saloon;

but they are fearful lest the fact that the State conducts the traffic may

give it a semblance of respectability, encourage people to drink, and so

do more harm than good. "The absolute boss of the State, Governor

Tillman," sneered one, "expects to turn the great commonwealth into one

great drinking saloon, such as might carry a signboard, reaching from sea

to the mountains, announcing 'Benjamin Ryan Tillman, monopolist of grog'."

In his annual message to the Legislature, in November, 1893, the Governor

gave a long and detailed account of the working of the law. According to

this statement, there were then fifty dispensaries open, and the total

sales in the four months had amounted to 166,043 dollars, 56 c., yielding

a profit to the State of 32,198 dollars, 16 c. This was considerably less

than had been anticipated; and the smallness of the profit is no doubt due

to the facts that so many people had got in their supplies of drink before

the Act came in force, and that in many parts the law was very imperfectly

enforced. Since the Governor issued his report there was a very

considerable proportionate increase in the gains.

In order to ascertain the results of the law on intemperance a circular

was sent out to seventy-five cities and towns, asking them to state the

number of arrests for drunkenness and disorder arising from liquor

drinking for a like period before and since the passing of the Act. Only

thirty-three places replied; and in the whole of these the arrests from

1st July to 30th Sept., 1892, under the old licence laws, were 577; during

the same period in 1893, under the Dispensaries Act, the arrests were only

287. In September, 1892, 231 arrests were made; in September, 1893, the

arrests were 131.

The Governor admitted that the amount of illegal liquor-selling going on

in the State was considerable, and for this he blamed the local

authorities and the railway companies. "There is hardly a train entering

the State," he declared, "day or night, passenger or freight, which does

not haul contraband liquor. Some of the railroads are yielding a measure

of obedience to the law; but most of them openly defy it, or lend their

line to smuggling liquor into the State.... The police in the cities, as a

rule, stand by and see the ordinances broken every day, are _particeps

criminis_ in the offence, or active aiders and abettors of the men who

break it." In order to stop these things, and to more efficiently enforce

the law, the Governor demanded fresh legislation.

In answer to this demand, the State Legislature passed a new measure in

December, giving considerably increased powers to the executive. The State

Board of Control was authorised to deprive any city or town refusing to

actively co-operate in the enforcement of the law, of its share of the

dispensary profits. In place of the Board being unable to open a

dispensary anywhere except when a majority of the people petitioned for

it, the law was made that the Board could establish its shops wherever it

pleased, unless a majority of the people petitioned against them. It was

also found advisable to modify several minor points, such as giving hotel

keepers permission to serve their guests with liquor.

Governor Tillman at once made full use of the new powers. He announced

that several new dispensaries would be opened in different parts, and he

sent a circular to all the mayors, asking if they intended to assist the

State officials or not. To those who answered in the negative, he at once

sent notice that the share of the profits for their towns would be

withheld from them, and used for the purpose of employing special

constables to see that the law was carried out there.

In March, 1894, the troubles created by the opponents of the Dispensaries

Act came to a head. Some State constables were searching for contraband

liquors at Darlington when the people rose in arms against them. Two

constables and two townsmen were killed, and the police hastily retired to

a swamp. Here they were pursued by an infuriated body of citizens; and,

had they been found, they would unquestionably have been killed. For a day

or two, matters wore a serious look. In one place a dispensary was gutted,

and several bodies of the State militia, when ordered by the Governor to

proceed against the rioters, refused to obey.

Governor Tillman is not a man to be easily intimidated. He promptly seized

the telegraphs and the railways, prevented as far as possible the rioters

communicating with sympathisers in other parts, and called together the

troops he could rely upon. "As Governor I have sworn that the laws shall

be respected until they are repealed," he said, addressing the militia.

"So help me God, I will exert all my power to enforce them. Although some

of the militia have refused to obey orders, there are still enough to

obey. The opponents of the law must submit to the rule of the majority.

My life has been threatened; but I have no fear, and I will convoke the

Legislature if further power is necessary." The soldiers received his

message with enthusiasm. At the same time the Federal authorities offered

to send a large body of national troops, should they be required, to quell

the rioting, and in a few hours the powers of the law and order were once

more supreme. But had Tillman been a ruler of another stamp, had he shown

the least sign of yielding to the disaffected, or of eagerness to

compromise, then the outbreak at Darlington would probably have been only

the beginning of serious trouble in the Palmetto State.

Hardly, however, had the riot been suppressed before the State Supreme

Court declared the Act unconstitutional. The court, which consists of two

conservative judges and one Tillmanite, based its decision on the grounds

that the measure was not a prohibitory law and was not a police

regulation, but was solely a plan for giving the profits of a trade to the

State, and therefore it conflicted with the lawful rights of the old

saloon keepers. Justice Pope, the Tillmanite, dissented from this view,

and pronounced in favour of its being legal, but he was out-voted by his

brother judges.

The result of this decision is, that all the State dispensaries have been

closed, and the saloons are now again openly conducting their business. It

is hard to say what the final outcome will be; for the people in the

country parts declare themselves resolutely determined not to have the

saloon system revived. It is said that as soon as possible one of the old

judges will be removed, and his place taken by a Tillmanite. The measure

will again be carried through the Legislature, and once more come before

the Supreme Court. The court will then uphold it, and the State will give

the Act another trial. But, even if this is so, the prospects of the

scheme cannot be said to be bright. There are now enlisted against it a

powerful political faction and the authorities of several municipalities.

It can count on the unceasing opposition of many whose support is almost

absolutely necessary to its success; and hence it will be more than a

wonder if, while thus handicapped, it can be anything but a failure.

Sober by Act of Parliament · 第 1 / 7 章