Chapter 17

LICENSE A FAILURE AND A DISGRACE.

For over two hundred years in this country, and for a much longer period of time in Great Britain and some of the countries of Continental Europe, attempts have been made to protect the people against the evils of intemperance by restrictive liquor laws. But as these laws were permissive and not prohibitory, the evil was not restrained. Nay, its larger growth came as the natural consequence of such laws, for they not only gave to a few men in every community the right to live and grow rich by doing all in their power to increase the evil, but threw around them the protection of the State; so leaving the people powerless in their hands.

HISTORY OF LICENSE IN MASSACHUSETTS.

The history of all restrictive laws which have stopped short of absolute prohibition, is a history of the saddest of failures, and shows that to license an evil is to increase its power.

Judge Robert C. Pitman, in his "Alcohol and the State," an exceedingly valuable discussion of the "Problem of Law as Applied to the Liquor Traffic," gives an instructive history of the license laws of Massachusetts from early colonial times down to the year 1877. The experience of Massachusetts is that of every other community, State or nation, which has sought to repress drunkenness and its attendant evils by the enactment of license laws; and we ask the reader's earnest and candid consideration of the facts we shall here present.

As early as 1636, an effort was made in the Old Colony to lessen intemperance by the passage of a restrictive law, declaring "That none be suffered to retail wine, strong water or beer, either within doors or without, except in inns or victualing-houses allowed." That this law did not lessen the evil of drunkenness is plain from the fact that, in 1646, in the preamble to a new liquor law it was declared by the Massachusetts colony that, "Forasmuch as drunkenness is a vice to be abhorred of all nations, especially of those who hold out and profess the Gospel of Christ, and seeing any strict law will not prevail unless the cause be taken away, it is, therefore, ordered by this Court,"--What? Entire prohibition of the sale of intoxicating drinks? No. Only, "That no merchant, cooper or any other person whatever, shall, after the first day of the first month, sell any wine under one-quarter of a cask, neither by quart, gallon or any other measure, but only such taverners as are licensed to sell by the gallon." And in order still further to protect and encourage the publican in his Tested and exclusive right, it was further enacted that, "Any taverners or other persons who shall inform against any transgressor, shall have one-half of the fines for his encouragement." This law contained a section which forbids any person licensed "to sell strong waters, or any private housekeeper to permit any person to sit drinking or