BY

&. H . MO O RE

HARRISO N AND SONS

P rint&& in Ordinary to H is Main ly ' D MARTIN LA LO N ON &LC. 2 S NE, .

H E LO C AL ET O P LO T

&. H . M O O RE ‘ Z’

a 0 0 0 0 0 0

H ARRISO N AND SON S P rinters in O rdinary to H is Ma&esty ' C 2 MAR LA L D N W . . ST . TIN S NE, ON O .

HV 50 37

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TH E LOCAL V ETO P LOT.

BY &. H . MOORE .

INTROD UCTORY .

U EO R prohibitionists , having been frustrated in their & d attempts to get the war restrictions ma e permanent , are understood to be searching their lockers for some of other method accomplishing their designs , and the

choice , it is believed has fallen upon the scheme they

call Local Option . There is every sign that within the next few months an attempt will be made to rush the country into the adoption of a Local Option

measure , and according to trustworthy information 5a whirlwind Local Option campaign is under way . of 2 Now when any sort political ramp is in prospect , o it is always worth while to go into the pros and cons a of the matter before the ramp starts & otherwise the to too contribution the discussion , if any , may come to f late a fect the issue . A notable feature of modern government is the ease with which legislation affecting

popular liberties slips through the House of Commons . ’ The defence of popular liberties seems t o be nobody s business ; encroachments upon them seem to be the & special and particular business of every reformer w ho believes that all that is needed t o produce h is

particular brand of Millenium is an Act of Parliament . (68 17 ) 390 17 93 4

A meae e that cuts across the normal habits and customs of millions of people may be manoeuvred through Parliament without the average Member of either

House , much less the general public , knowing anything

- of . the far reaching changes it entails Thus , unless on - fi nd we are the look out , we may a Local Option measure the law of the land before half the electorate knows that been raised and before any but the smallest the other half has had any chance of formi partial Opinion on its merits . Since th e writer is e secret counsels of the teetotal groups by whom the Local Option 33 cam paign will be engineered he is not able t o forecast in precise detail the measure to be proposed , but that need not prevent us from considering the broad features of Local Option for though the schemes propounded and adopted from time to time vary in detail they are the same in principle and very similar in broad outline .

Speaking thus generally , a Local Option measure one oll or is which provides for a p being taken , in any every prescribed electoral district , on the question whether the electors of that district desire (a ) The continuance without change of the sale of alcoholic drinks in that district or (b) A reduction in the number Of licensed houses in the district or (c ) The total prohibition of the sale of alcoholic

drinks throughout the district .

According to the result of this vote , the sale of alcoholic or drinks in the district is prohibited , restricted , left unchanged . The above are the staple features of all Local

Option schemes in detail there are many variations . The ballot paper may contain one or more further of resolutions dealing with Sunday closing, hours sale , &c . the regulations appertaining to clubs , The majority required to carry total prohibition may be a or it fi or bare majority , may be three fths , two thirds

- - some other more than half proportion . There may be a provision to the effect that a prohibition resolution 0 is not effective unless at least 3 or 35 per cent . of the electorate has voted . In some measures and schemes it is provided that , prohibition not be carried , all votes give ion are to be added to the votes giv tion . In some cases the scheme provides that a poll shall be taken in every i electoral d strict forthwith ; in others , it is stipulated that a petition for a poll must be signed by a certain of proportion (say , one tenth) the electors , before one can be taken . Should prohibition be carried , there has been in some cases no Opportunity provided for a reversal of the decision & in others a periodical r e poll must be taken or a re- poll can be requisitioned after a lapse of time by a proportion of the electors . Thus the central feature of all & Local Option schemes , is that they give the electors in prescribed areas an Opportunity of saying whether they are in & & of - favour no change , reduction , or prohibition in that area . Without going further than that one may arrive straightway at five elementary considerations . The first is that Local Option is hardly a correct for name such schemes . The name has apparently been chosen to suggest that the electors shall have a free and u nrestricted choice as to what facilities for alcoholic refreshment they wish to have in their & district . But the choice , as offered under Local

Option, is a carefully circumscribed choice . Always the choice is restricted to certain courses which are laid down beforehand by the framers of the measure . The electors are to be allowed to vote for nothing 6

t or excep total suppression , limitation , leaving things as they are . Now a t ' the it is conceivable , especially present time , when the inconveniences of the purchases of fermented drinks are causing much resentment , and the quality of the liquor is said to have been reduced almost to undrinkableness by the measures of the Control or Board , the public , a might or elect to have a little mo e , less or asonab l restriction in hours , y good quality of liquor . the electors might wish for free trade in its entirety , or for licens ing to be regulated in so me way diff erent

revails ' a t or a from that which p present , for an incre se t h e e of or for in numb r licensed houses , an improve ment in the distribution or accommodation or service

o f . licensed premises If all these , and every other on to point arising the subj ect , were made subject the local vote then it might truly be said that there was on local option . But these matters the elector is allowed no option whatever . It is not a free and unrestricted of t wo or option that is Offered , but a narrow choice t three courses all leading o increased restriction . &

, . H ow ocal Option, then , is a misnomer far one is j ustified in suspecting the name to have been invented for the specific purpose of giving the scheme a liberal and democratic flavour may be a matter for question , but there can be no doubt that the label suggests what the contents of the measures do not contain . We prefer therefore t o call th e scheme & Local Veto , for the only choice given under any scheme as yet put forward is one of vetoing or not l or vetoing , whol y in part , the means whereby people who want t o partake of fermented beverages can pro cure them in their locality .

The second consideration is that Local Veto , as we i l one of a c c w ll cal it , gives section lo al ommunity 7 power over the liberties of the whole of the community d o to a egree unprecedented in ur history . The principles appealed to by the advocates of Local Veto & is that often expressed in the phrase the will of the & majority must prevail , and , since the counting of noses appears to be on the whole the most satisfactory of d method determining public issues , it will be grante that where public action is universally recognised to be necessary and to j ust what that act ity should prevail . is really desirable or necessary a principle at once broader and deeper than the Divine Right of Majorities comes — of e the up for consideration the principle Lib rty . If right of majorities to impose whatever taboos and restrictions they like upon minorities be conceded , and if majorities acquire the habit of ordering minorities about in accordance with that concession , then liberty as commonly understood is at an end . A community so b e run would an intolerable community . Govern ment in such a community would be a see -saw of unbearable suppressions that would last only until exasperation found voice and action . Then would

the . The come the revolt , and after that deluge Divine Right of Majorities may be a democracy of a is sort , but it is counterfeit democracy . Its real name r Tyranny , and the ty anny is not less onerous because the

of . a name the tyrant is legion Moreover, under Loc l Veto it does not require even a bare majority of the ll people to impose this particular taboo on a . In a recent instance of Local Veto legislation a majority of of - 55 per cent . the voters can carry a no licence resolution provided the persons so voting represent

er . of of 35 p cent the electorate the district , and since o n the electorate , even the most generous register , is - not likely to be more than one half the adult population, it follows that if one adult out of five in any district (6817) A 4 8 under that arrangement votes for the abolition of licenses the result of the ballot may be to enforce the

- views of that one fifth upon the whole adult community . The third consideration is that the plea for the application of Local Veto to the question of the sale e of alcoholic drinks must rest , and do s rest , upon the assumption that alcoholic beverages are evil in their effects upon the partaker and noxious in their social

l . Ch ar e M . P consequences . Mr . g Roberts , , in his ‘ ‘ & on the for book subject , says The argument Local Option starts from the proposition that the liquor & r traffic is a dangerous and socially ha mful trade . on Everything turns this , for if fermented beverages are indeed a special and particular bane , and if nothing but good can follow from their abolition , then there is a reasonable case for special and particular legislation being applied to them . Mr . Roberts goes on to say that it is needless at this time of day t o submit the & proof of this . That being so , it is Obviously needful if to submit , not proof , at least arguments to the m off contrary , lest dog a should pass itself for truth and that will be done in subsequent pages . If it should transpire that fermented beverages have a salutary place and play a beneficial part in the scheme of human life the case for singling them out for special e legislation goes by the board , and it b comes apparent that in embarking upon Local Veto legislation we should be introducing a principle whereby any section of the ni — commu ty vegetarians , strict sabbatarians , anti - - &c . &c . h tobacconists , no hatters , , aving engineered in of a snap vote favour their particular fad , could claim the right to irnpose observance of that fad upon the community at large . h The fourth consideration is that Local Veto , owever V etot alers a impatiently the may deny it , is a cl ss

Ti me L imi t a n d L oca l O ti on n . S . & S n p (P . i g o s . ) 9

i measure . The only fac lities for the supply of fer mented beverages which Local Veto aims at sup pressing are those to which the working classes and persons of small income are in the nature of things ’ limited . It does not forbid the wealthier man s wine cellar, nor prevent his replenishing that cellar when the stocks run low . It does not prevent the person

- with a cheque book and a bank balance from buying , receiving , and consuming whatever alcoholic drinks he fancies from th e nearest source of supply outside

- the no license locality . It shuts the tavern door on Tom h , Dick and Harry , wit out interfering in any way or with Sir Thomas , Lord Richard , the wealthy Mr . t al s . V eto er Henry The , it is plain , have taken this fact into their political calculations and counted it a point in their political strategy . The fifth consideration is that the campaign in favour of Local Veto will be organised and engineered by people whose desire is not that the will of the people shall prevail but that fermented beverages shall by of b ook or by crook be banned . Local Veto is little interest to them except as a step in that direction . There is no ground for hope that if once they succeeded in pushing Local Veto on to th e Statute Book they would content themselves thenceforward with winning over the electorate to putting the cross in the right place on the ballot paper . Their record suggests that ill of the w the people , in so far as it did not further their ends , would not be respected for a moment and would be gleefully fiouted if any way could be found find of overriding it . And the attempts to a way would go forward j ust as before . These five points go to the core of the Local Veto l i proposals . They wil be examined in greater deta l in the succeeding chapters . IO

C HAPTER II . ARE FERMENTED BEV E RAGES A CURSE &

SIN CE the argument for Local Option starts from the proposition that the liquor traffi c is a dangerous and w socially harmful trade it ill be convenient to settle , fi or no o in the rst place , whether that prop sition is n ‘ to the sound . In doi g so , let us be clear as what i proposition really is . As worded in the quotation g ven & & t o f above the reference is the liquor traf ic , but obviously Local Veto measures are an assault not so much upon the sale of fermented beverages as upon their use . If fermented beverages were an acknowledged the for good , and if it were merely arrangements selling them that were believed to be dangerous and socially harmful the Local Option ballot paper would wear a quite different complexion . The elector would in that case be asked t o vote whether he preferred that the retail sale of these indispensable necessaries of a civilised life should be sold ( ) without restriction, b 0 ( ) under the present licensing system , ( ) under some d of improved licensing system , ( ) under a system 6 co- disinterested management , ( ) under some opera

- tive arrangement , (f) in municipally owned establish or ments , (g) in nationalised public houses . If the assumed fault were solely with the conditions under which fermented beverages are sold the elector would na turally be asked t o vote whether he would prefer run on th e of in- h the public house to be model a g s op , or & or h a caf , a club ; w ether he would like better accommodation at the public house of his choice ; whether he would like better facilities for the supply of food ; or whether he though t the music licenses I I

ought to be restored . But under Local Veto he is to of be asked none these things . Obviously the real proposition from which Local Veto starts is that on fermented beverages are evil in themselves . O nly that assumption can there be any j ustification in asking the electors to vote whether they prefer the fa cilities for obtaining fermented beverages to be restricted or abolished without asking whether they would like them increased . 50 our first question is whether fermented beverages are evil in their nature and effects . The writer has & discussed the point at length in a previous work , and it must serve here to recapitulate the principal con elusions there reached . The pamphlet is a critical examination of the semi-offi c ial Alcohol Its Effects on the h Human Organism , publis ed by the Advisory

Committee of the Central Liquor Control Board . Its arguments are based upon the pronouncements of that

Committee . Com Throughout that Report , it is shown , the mittee have confused tw o entirely different things & alcohol & and & fermented beverages —taking as i the material for their exper ments raw ethylic alcohol , fla vourin g it to represent whisky , rum , gin , or beer , and n regardi g the chemical concoction as equivalent , for all . scientific purposes , to the beverage in popular use To the ordinary man that is not merely scientifically unsound but patently silly . The entire Report is vitiated by this false premise , and in consequence some of the most beneficial qualities of fermented i n beverages are disregarded its conclusions , but even ethylic alcohol is shown to have useful and valuable qualities . We need not deal here with the food value of fer ented m beverages , as to which that Report provides

n i H arr Fer mented B everages T hei r Effects on M a k nd . ( i s on S on s r s . , ) 12

i such convincing test mony , nor need the evidence as to their generally neutral though often beneficial effects o n the human organism , when they are taken as any normal person would take them , be rehearsed . The indictment brought against alcohol by its Opponents & is not really founded on their wastefulness or deleterious physical effects these are only argumenta tive padding for the staple charge . The real indict ment is that the popular use of fermented beverages lowers the mental and moral calibre of those who partake of them and lead s t o individual demoralisa tion and social degradation . The Report throws some interesting light on this f charge . Dealing with the mental e fects of alcohol it asks what is the nature of that gratifying effect of alcohol which is , perhaps more than anything else , of - the secret its charm , its well nigh universal attraction of for the human race and the answer is , in the words s of - or o i the Report , a sen e careless well being b d ly — and mental comfort a memorable phrase . This is th e of due in part , says Report , to a blunting the sensibility to the small aches and pains and a thousand

- - hardly distinguishable sense impressions which , except of r to in those pe fect health , contribute tip the balance of bodily feeling - tone to the negative or unpleasant & side . The Report goes o n to explain that alcohol dispels anxiety , care , despondence , and needless of worry ; and , most important all , it temporarily breaks that domination in which the emotional dis positions and capacities are normally held by the deliberative will of the intellect . Whether these powers and effects of alcohol are deemed good or bad must depend upon the individual view of what life is all about and upon the ideals cherished . If the ultimate goal of human perfection is considered to be one in which the intuitions and emotions are finally held in subjection under the cold I 3 domination of the intellect then alcohol will be set down nm as harmful , for it does not minister to the attai ent of that chill ideal but if , on the other hand , it is held that the intellect and the deliberative will are but instruments to be used in the attainment of full well al b anced life , servants that must never be allowed to become masters , and that the intuitions and emotions which are our ancient racial endowment have an indispensable part to play in the development of perfected human nature , then the alcohol in whole some fermented beverages must be deemed to have a function in individual and social development which For cannot without peril be suspended . the life of twentieth century civilised man is an artificial life in the sense that civilisation is a human contrivance . In making our civilisation we have overloaded life ‘ a re s i ns with brain . There g on every hand that the calculating , scheming , planning intellect is crushing t e the richer genius and killing h spirit . While we are fi nding ourselves afresh in the modern age of science , m organisation , and echanical manufacture it would seem to be particularly unwise to rule out that agent which preserves the endowments and faculties that are so much in j eopardy . ’ fi Life s ful lment , the author has observed , is found not in doing sums , solving geometry problems , or parsing and analysing . These are but means to an end ; to be valued or despised according as they con tribute to that end . The end is life abundant . Man ‘ is a social creature , with a racial endowment of & emotional impulses and capacities . His quest is life and fulfilment of life is found in the harmonious expression of the whole being , embodying itself in creative labour and finding itself in fellowship . Now all wh o are not blinded by prej udice or wilfully ignorant know that wholesome fermented beverages , taken in such measure at such seasons and in such surroundings I4 as will commend themselves to the normally con s i tituted , free the creative impulse in l fe and labour while easing the contact and quickening the emotional response between man and man . Good fermented of th e liquor , as the experience the ages attests , is agent of good cheer and the reagent of good fellow of l ship . Shut them out of the scheme ife and not only social relations , but personality itself , becomes in so far hard , crabbed , and mean . For proof of the estimation in which fermented beverages have been held through the ages one might appeal to the references that run through the treasured literature of all peoples . Although fermented drink is occasionally railed at as a mocker and depraver , the grand tenor of the references is overwhelming in the a s a ivin a s l of other direction . It is d egift as ymb o h of prosperity , joy , and triump ; as an opener the heart as a revealer of the transcendental mysteries of the being as the sign and token of social and religious communion that the praises of wine are most often sung&’

But there is no need to appeal to the past . Visible evidence is before us in the present . One can without immoderate trouble light upon gatherings of abstainers fi from fermented beverages , and observe at rst hand the type of personality total abstinence induces . Now there are great and admirable (yes , even lovable) men who for one reason or another do not take fermented beverages . We readily acknowledge such exceptions . But if a comparison be made between any average company of abstainers and partakers who will deny that the former are plainly dis tingu1sh ab le by their of n of out lack genui e cordiality , by their narrowness of look , by their defective sense humour , by their of — poverty spiritual genius , by their small self conceits c fi and arrogan e , by their de ciency in all those qualities which we sum up in the word humanity

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to one course and the other . It is right and proper appeal to that as a final test in the case of any and every vigorously pushed prescription for the cure of h social ills . W en that test is applied in this particular to case , the result is enough give pause to the boldest . a re of t o c We referring above , course , the effe t of fermented beverages on normally constituted human ll beings . The prohibitionist , it wi be noticed , builds up his case for prohibition on the assumption that all who partake of fermented beverages are prone to drink h to t em excess , and he paints in lurid colours the h demoralisation that overtakes the abitual drunkard , of and the deplorable social consequences his excess . Now in regard to this there are several things to fi h observe . The rst is t at it is always unsound and often unsafe to narrow down popular liberties because they a re abused by some . Every step taken in this direction is a step further along the slippery mpe that leads to f . o e w ho enslavement We all know the type p rson , because some poor epileptic went t oo near the edge of f the cliffs and fell over , says the cli fs should be fenced & off of , or who , having slipped on a piece orange peel , & says oranges should be prohibited . Every company has its idiot whose remark upon every abuse is there & ought to be a law . If every human faculty or custom that is capable of abuse were to be proscribed and the facilities for its exercise abolished men would cease to o be resp nsible human beings and become , as the ’ 0 Lancashire workman put it , nowt but a set & f & . o l o dummies We should , course , be frightful y go d , the h as pro ibitionist understands goodness , but we should not be men . That is all . wh o It will be agreed , we fancy , by all cherish of n e liberty , that to deny the use a thi g to all b cause it is abused by some is wrong in principle and vicious

. V etot aler not in practice The , we are awa—re , would admit it even as a general proposition b ut then he I7

does not cherish liberty . In any case he would say & & that alcohol must be treated as an exception to any general rule of the kind , for the reason that alcohol & is a drug which grows on its victims and that persons addicted to it must be protected from them selves . Now the Report to which we have already alluded makes it clear , so far as scientific experts can make & anything clear , that alcohol is no more a drug or than is tea coffee , that it has a relatively slight habit - forming tendency and that its moderate use does not to any pronounced degree create a specific disposition to excess . If for extraneous reasons a person takes to drinking to excess a craving is developed , but this & is very much weaker than the craving which habitual users of other drugs experience as a h result of abstinence . T us drunkards in prisons and other institutions where liquor is not obtainable , complain much less of discomfort from the lack of & o f alcohol than from th at due t the prohib ition o smoking . f h o . T ere is , course , nothing new in this Every well balanced knows that the prohibitionist asser ‘ person tion that there is in alcohol some dire unique property which insidiously leads even normal persons t o excess and demoralisation is untrue , but since quite a number o f people have more respect for science than for sense ’ the scientist s confirmation is worth having . His findings support the view that the general use of fermented beverages is quite compatible with general sobriety .

There are , of course , in every congregation of people individuals prone to excess of one kind or another . on o We may be excused for repeating , this p int , what has been written elsewhere

B ut b efor e a c c epting t h e r ea dy-m a de c onc lusion tha t t h e pr oper r emedy f or exc es s by s om e i s d enia l t o all ll b e e l t o c ons er alc o o c e c ess in r e at ion , it wi w l id h li x l 18

t o all those other exc es ses t o whi c h a bnorm al or ba ulked r n er e r e eo e w h o a e s uc individua ls ar e p o e. Th a p pl h v h a p ass ion for a pples tha t they will s tea l fr om their ow n c i r en for c h oc ola t r a t e i b u t w o oun s h ld ; , th th y w ll y p d

a nd o e it in t en m nu es for . e els t a e g bbl up i t ; &w , h t th y w ill blas t their r eputa ti ons t o a cq uir e a n ot her pear l ; for s e ua e c ement t a e r es ort t o un a na e x l x it , h t th y will imgi bl r a c t c es for n e s a ers t a e r ea s ix a d a p i w p p , h t th y will d y for o a o ie a e o er ea t emse es n o a p t t p , th t th y will v t h lv i t er ous c oma ose con on f or o cs t a t e l p il ly t diti ; p liti , h th y wi l ‘ on oc casion shout T ear h im t o piec es & S kin h im ' a c nt n e r B ut w e w ould not live & of a q uite de e ighbou . on t a a c c oun r ec ommen t h e a o on of ru t h t t d b liti f i ,

c oc o a e or nam en s er a ur e or o i cs . T er e ar e h l t , t , lit t p lit h l er e e u t ons k eptoma nia cs a s well a s dips om ania c s . T h ar gl t as t o r s er ar e e r em es of m eann es s a nd well as pe . Th e xt c r s n o e uelty be ide whi c h dr unken ess is a n amiable f ibl . In every c ommun ity ther e ar e individua ls pr one t o a ber r ati on or When these unpleasant but undeniable facts are pondered it becomes plain that the problem of alcoholic excess is not an alcohol problem , but an excess problem and the solution of it lies not along the line of banning alcohol but of rectifying those conditions our — in in civilisation idleness , monotony , squalor,

- — sanitation , over crowding , and what not that give

to o . t rise the disp sition Of excess In par icular , that of f - state a fairs , created by ill conceived licensing laws , ifi to th e should be rect ed , which tends make public house into M t d rink -shOp instead of a democratic rendezvous provid ing refreshment for body and spin t in surr oundings that make for the most beneficial use of the beverages provided e t We submit , th n tha fermented beverages are a o l human go d , and that to a low any section among us o ’ to banish them& from our midst would be to permit a ’ wrong which worildlb e yet another step towards en sla vement and would leave human life meaner and

Fermen ted B evera es a e 2 . g , p g 4 I 9

i o femi ented p orer . And s nce liquors , to be widely enjoyed , must be made and sold , we dissent entirely & from the proposition that the liquo1 traffic is a & dangerous and socially harmful trade . It may be an unsatisfactory liquor traffic in that it is stupidly controlled under absurd licensing laws which study

of th e . anything but the convenience public It may , indeed , be dangerous in the sense that anything which has gr eat possibilities holds great dangers . But it is not dangerous and socially harmful in the sense that the level of individual and social life would be raised if it could be abolished .

In considering Local Veto , therefore , we must regard it as a type of measure which , if passed in respect of fermented beverages , may with equal justice be applied to anything against which any section in any electoral area can work up a prej udice . examine in the next chapter what this means . 2 0

C HAPTER III .

SAUCE FOR T H E G AND ER .

T HE Local Veto prOposals open up a question far wider & & than any matter of abolishing the liquor traffic . They challenge the principle and system under which government has hitherto been carried on in this country . They mean in essence that a referendum is to be taken as to whether a certain large section of any local population shall or shall not be prevented by another section from doing something which seems to it right and proper and eminently desirable . Now the referendum carrying mandatory powers is something as yet foreign to English political machinery . It is something entirely different from representative government . Under representative government the to w ho l electors are asked choose by ballot those sha l , of for a period , be entrusted with the making the laws , of ffi and thereafter , until the period o ce abruptly or naturally terminates the person elected may vote according to his ow n j udgment on public issues as they arise . But under a referendum system the electors , having chosen their representative , may at any time insist on a specific question being taken out of the hands of those representatives and settled by a general

counting of heads , for and against .

A very good case , let it be said at once , can be made out in support of taking a plebiscite on this or that one of vexed public issue , so long as thinks only the ’ one issue and shuts one s eyes to the fact that in numerable questions could be with equal j ustice referred to the electors direct and that if many questions were so referred the responsible representative would

speedily become little more than a delegate . Z I

Now the V et ot aler is asking for a first instalment of the referendum , and before we accede to his request we had better be sure that we want all that the change Ar e f involves . we easy over the prospect o govern ment by referendum being applied to any a nd every social and political issue & Do we want to have a referendum every morning & Are we anxious to vote item by item whether the State shall or shall not ow n the mines and the railways , disestablish the Church , a or make a levy on capital , bolish nationalise educa of tion , democratise the Navy , join the League Nations , enter into an offensive -defensive treaty alliance with fix Nicaragua , smash the trade unions , the price of or bacon , cut itself up into a Heptarchy , always ll dr remembering that the ba ot paper is to be awn up , on th e a w ho Loc l Veto precedent , by partisans care fully provide against any vote being given for courses of l which they persona ly disapprove , and that a majority of & either way , however wangled , has the effect law If Government by referendum is such a good way of dealing with the liquor traffic why should we be denied the advantage of deciding everything in the same way &

Indeed , if a start is to be made with the referendum , it is much more fitting that it should be applied to matters which touch equally the members of the ro whole nation . There is good paper logic in the p or on posal f a referendum a treaty with Nicaragua . or on on whether the Navy should be scrapped , or whether Britain should turn itself into a Republic & for these are matters by which the whole body of the people are fairly equally affected . Contrariwise , the worst possible subject for exceptional referendum settlement is one in which there is an internal conflict or one of interests rights , in which large group within the nation is to be coerced by the vote of another 2 2

or large group . The question whether people shall shall not be allowed to drink the beverages of their one of choice is , among all questions , the least suitable to start upon . But even supposing the vote were fair and square is it really t o be accepted as a principle in our social life that a majority has the right t o order a minority of the about as it likes It is , course , principle acted ’ upon by every bully I m s—tronger than you are and you shall do what I say but one had got a sort of idea that bullydom was in disfavour . Much oratory h as been dispensed d uring this last five years on the of on of subject justice and liberty , the right small groups to go their ow n way unoppressed by larger and of more powerful groups . The coercion minorities in internal affairs seems hardly to h arm onise with the great principles that have been laid down to guid e action in external aff airs . the d However , the proposal is to be that tra e in fermented beverages may be suppressed by the vote of of a majority , possibly by the vote a bare majority . We shall see that this majority will really be in all cases a small minority—but let that pass for the moment . A bare majority may be a majority of one of for in an electorate ten thousand , that is , all practical Now one . f purposes , half that means in e fect that in a community of t w o people either of the two has the right to impose whatever restrictions he chooses on e one the other . If numb r restricts and regulates the of t w o actions number two , then in justice number of on has equally the right to order the ways number e.

This lands us at once in an absurdity , for if number one may prohibit number two from buying a glass of beer , number two can with equal fairness insist that one no number shall have tobacco , he himself not being a smoker . Or he might insist that number one shall to of be compelled drink three pints beer a day , though

2 4

l b ilit . y . But the fact remains It seems a most impossible to get the average Englishman to the poll in defence of his civic or private interests . The V etot alers on on , being the aggressive side , may the other hand be expected t o make great exertions to bring up every adherent to the poll .

On this point we may anticipate a reply , not alto of our V etot alers n gether devoid cogency , from They may say & All government is carried on by such of mandates given by a small proportion the electors , and a still smaller proportion of the general population what more do you want & But we have already shown that this question is in a way distinct from many to others . When the citizen neglects to go the poll to give his vote as a controlling force over the S pending o f b e his money , and the way in which he is to taxed , he is doing an injustice to himself . Now it is hardly possible t o restrain a man from doing an inj ustice to

ow n . himself , or neglecting to watch over his interests ow n We may think he is negligent , but it is his look o ne out . But when the question is of a section deliberately planning a restriction of the liberties of

another section , the question assumes quite a different

aspect , and it is imperative that we should exercise the greatest care that this inj ustice may not be perpetrated

at any rate by a small minority . Let us see what the size of this minority is likely to ffi al of be . By the Liquor Tra c (Loc Control) Bill prohibition was to be carried by a majority of three f s fi th . of the votes polled As we have said , voters usually constitute less than one-half of the adult

population . It may be supposed that on such an issue about one- half of the votes on the register might b e

- . one polled If we take this estimate , then seventh part of the adult population would carry a prohibition on - resolution , and anything over e tenth part would 2 5 b e sufficient to carry a resolution to limit the number of licenses .

It will , perhaps , be well to make these curious fi fractions a little more pictorial , for the bene t of those who o d not like to be pestered with arithmetic . Imagine that the electors of some village having an adult population of 10 0 are summoned to an assembly to vote by show of hands on a Local Veto referendum . If the register is a fair average of the present electoral register for Parliamentary elections (including the women voters) only 50 of the 10 0 will be entitled' t o - . of one attend Suppose these only half turn up , the or others either being unable , having forgotten the or day , having misunderstood what it was all about

- ve . and thought it unimportant . Twenty fi people then , put in an appearance . Then the position is that if sixteen of those people (out of an adult population of 10 0 — , remember) vote for no licence those sixteen are an effective majority and the sale of fermented liquor in the village is henceforth prohibited ; and if thirteen vote for a reduction of licenses then licenses are forthwith reduced . to It is important make the above point plain , for a moment ’s consideration will show that only by making a minority have the effect of a majority can the V et ot alers gain their ends . Abstainers constitute probably about one-twentieth of the adult male population , and the men who are actively prohibition one or ist are certainly not more than in thirty , about

3 per cent . It is frankly admitted by the party that they are in a small minority . We must remember that abstainers alone cannot carry anyth—ing . They are a very small minority of the electorate not more

one . h than in ten (Sir Thomas W ittaker , It is therefore not surprising that all veto or abolition proposals rely on legislation by small minorities . The abolitionists do not seem t o b e any nearer getting a 2 6

real majority than they were many years ago . Their of a principal science , therefore , is that making great on display of small forces . As the stage the noble & army of twenty supers which has just gallantly fi re- marched across the eld , enters , after hastily donning or of ow n caps plumes another fashion , follows up in its on defilin ad i n finitnm rear , and so goes g , so the slender forces of the abolitionist army are exh ibited again and again to give the impression of a multitude . It would appear that all these schemes are carefully designed to facilitate the passing of oppressive laws

f n of . by e fective mi orities cranks Local Veto , it is ’

n . pretty plai , is the fanatic s charter Let there be no mistake the principle once introduced would in due find our course new applications . We all have cranky

- - - or . side . We are all anti something other We all have evil moods in which we want t o prevent others ’ of from doing what doesn t appeal to us . The story & freedom broadening down from precedent t o prece dent is little other than the story of successive curbing of that innate tendency t o anti- dom and

- bully dom . If we reverse that tendency we are setting a train of forces in motion which will in the long run

- result in an all round intolerant and intolerable world . What a prospect Opens out The vegetarians engineering a veto of the meat traffic the nut - and fruit - arians demanding a plebiscite on the continuance of the bread traffic the Extra - Particular Baptists working up a movement for a Local Veto on ins tru mental music the licensed victuallers conducting an agitation for the suppression of tea -shops the people who are bored stiff by golfing and motoring chatter conspiring to get a nO-golf and no - motor Act passed the Sitters -out organising a prohibition of dancing ; the Pure -aira ns plottin g the doom of the open fir e ; the Sa ndalites soliciting signatures to a No - Boot Order nd the Bare - Footers giving the Sa ndalites the O f the Boot . & Local Veto means that the will o f the majo & o all prevail . On the contrary , L cal Veto m at the fads and fancies of any and every t rumpe

shall be enforced on all . 2 8

C HAPTER IV .

’ H OBSON S OP TI ON .

As we have already indicated , Local Option is a label that really cannot be allowed to pass as a descrip tion of the kind of legislation we are considering . & Local Option suggests that people are to be to allowed express , without restriction , their wish as to the facilities for procuring fermented liquors which shall be provided in the locality . But in fact as we no have seen , the Local Option proposals give them to such freedom of expression . The choice they are be allowed to exercise is a carefully circumscribed choice . d They are not to be allowe to say , however much they

w or . may think it , that they ant more better facilities & That would never do & Local Option has a fi ne & one flavour of trusting the people . But when gets down to brass tacks it transpires that the & Option is restricted to certain courses which are laid down beforehand by the Opt ites themselves . The electors are to be allowed to vote for nothing but total sup pression , limitation , or leaving things as they are . of On the matter a more plentiful supply , lower price , or better service , the elector is allowed no Option ’ &

. ou . whatever It is Heads y lose , tails I don t & That is called an Option . Well , it is an Option of a sort . The footpad who had held up the solitary wayfarer with Your money or your life similarly explained to the j ury that he gave the gentleman an & for Option , but counsel the prosecution very rightly pointed out that it was not an Option in the proper sense , as the gentleman might conceivably have pre ferred some course not included in the formula . The 2 9

ill j ury , it w be remembered , brought in a verdict ’ which supported counsel s view .

Consult the people let them decide , runs another

V etot aler . Yes phrase dear to the , but decide what Whether they are really consulted or not depends on f how the question is put . The sort o question the V etot aller wants to put would hardly deceive an -b o infant . Any school y will see through it at once . ou fi or Have y nished , Tommy , would you like a ’ & little more pudding No , Miss , I d like a lot . It is really absurd that a stale dialectical device that forms the staple of so many of our pleasantries Will you be kicked downstairs or thrown through the window should . be seriously tried on at this of time day in connection even with a political ramp .

Perhaps it is a joke . If so , it is a bad and dangerous o joke . If by chance it came ff the sharp practice it t o For covers might be extended many other things . instance , it is generally agreed that henceforward workmen must have a voice in the administration of the industries in which they are employed and of the of conditions their service , including wages and hours . Suppose it were arranged that a poll of the workmen be taken on these very important questions on the & of on fi lines the proposed poll the Drink Traf c , the drawing up of the ballot paper being left to the em o ployers . Th ey would probably proceed t issue a ballot paper giving the men the option of voting for one of a three courses ( ) That wages should be reduced , b or c ( ) that hours should be increased , ( ) that hours — and wages should remain unchanged all other rec om menda tions being strictly ruled out & This is by no - V etot alers means far fetched , for since some of our of of are large employers labour it would , course , seem to them quite proper to rule out any possibility of people voting for something of which they personally & d disapproved . That is what they mean by emo 30

cratic control . One could almost wish that an & Industrial Option Bill could be introduced along side the coming Local Option Bill . The one on would throw illuminating sidelights the other . ffi It is su ciently plain , then , that Local Option is no more than a persuasive label for a dubious con & & l o coction . We have cal ed it , therefore , L cal Veto , for the only choice given under any scheme as yet put one of or or in forward is vetoing not vetoing , wholly w ho t part , the means whereby people wan to enjoy l fermented drinks can procure them in the loca ity .

32

of and breadth his estate , and the people have endured or the despotism without riot even Open protest , there fore people in other districts may be expected to submit even more tamely to the compulsory closing of public houses by a scratch majority of faddists and egotists . We like never to be harsh , but this argument strikes us as positively indecent . We had come to look upon the tyranny of the territorial magnate as a thing which the common people must rise up and break at all costs if liberty and true democracy is to be won . Mr . Roberts regards it as an example which we could not do better than follow .

It will be seen , we fancy , that some special exemption or arrangement will be made in regard to clubs . It is usually provided in Local Veto measures that a bona de fi club s—hall be allowed t o dispense fermented liquors as before perhaps under some new regulations of a

F . harmless kind . Why & or two reasons One is that though many of the wealthy and powerful would never miss the public houses they are all members of one or more clubs and if no - license were imposed on clubs they would be quite noticeably inconvenienced by it . The other is that some clubs are political & ’ clubs , and whatever else you do don t get across the Party organisation . The plan is to oppress people or who are not powerful by wealth organisation , j ust ’ ordinary common people who can t make a noise .

Well , it is most ingenious as politics , but it is beneath contempt as reform . Local Veto is a class measure designed to unite the fanatical and selfish in a move to oppress the mass of common folk . 33

C HAPTER VI .

V B ETO IN EING .

WHAT EV ER other type of person may be lacking from time to time in the human family , there is never any great shortage of people who want to prohibit some

t n . body from doing some hi g The craving , always c latent , now and again becomes a tive , not less under democratic than under aristocratic or monarchic of out forms government , and occasionally it breaks in a debauch of prohibitory legislation . Such a relapse c of US A 1 8 6 oc urred in the State Maine , in 4 , and culminated in the prohibition Act known as the 18 1 Maine Law which came into force in 5 . Under the Maine Law the sale of fermented drink was pro hib ited throughout the State , and henceforward alcohol might be supplied only agains t a medi cal fi or for certi cate , purposes connected with the industries

or . F arts ive years later the law was repealed . It - 18 8 was , however , re enacted in 5 , and has since then been more or less in force . It strikes one as a rather peculiar fact that a fter being repealed after lengthy trial and out of action for of t w o i a period years , prohibition should aga n be c introdu ed and yet that , after the passage of seventy n years , it should li ger on , neither swept into the of b of i limbo intolerable nuisances y the people Ma ne , nor yet copied by any large part of the rest of the

The explanation is not far to seek . It soon became evident that the question involved in repeal or con t inua nce was not in practice one of whether people

B 34

should be able to get the beverages they wanted , or not ; but merely one of whether they should get them openly or surreptitiously . This can hardly be better illustrated than by quoting t h e Report on Liquor Legislation 1n the United States

F fi . 8 ( oreign Of ce , Miscellaneous Series No 7 , S of n in which says , peaking the Mai e Law , It has d uc ed many people to sell liquors surreptitiously who never dreamed of doing so before . Liquor is sold in every hole and corner where it is impossible to a nd detect , it exists everywhere in dwelling houses ,

out . cellars , garrets and in every of the way place Liquor is brought into the city by transportation companies in every imaginable way t o conceal its existence . Total abstinence cannot be legislated into a nation people will supply dr ink the greater the risk of fi fi the the illegal traf c , the greater the pro t and & greater the adulteration .

One reason , therefore , for the easy toleration Of the Maine Law was the leaks in the dike it was supposed to have built round the State . As to the seriousness of these leaks there have been differences of Opinion . Some assert that Portland (the largest town in Maine of State) is and always has been , in spite the law , l if swimming in iquor . Others have maintained that - t o a law abiding person , who did not wish acquire t for liquor , were resident in Por land , he might , all he dr saw , retain the impression that the city was y as a bone . In the case of a person who wished to acquire - liquor , and was not over scrupulous , b oth parties a agreed that he could get it with tolerable e se . These evasions of the law have been continuous from the date of its reintroduction up to the present

. . . F . ff as time The Rev S Pearson , elected sheri , a 1 0 0 Gospel Temperance Reformer, in 9 , stated that he found 2 33 saloons and drug stores where liquors & s of were dispen ed in the city Portland . This 35

al number , he says , is run Openly , and together & - there are 4 16 rum sellers . In 190 5 Senator Sturgis too k up the cudgels in favour of strictly enforcing the w ’ la . After nine months experience of strict enforce ment the arrests for drunkenness in Portland or 2 8 amounted to per of the population , a ratio which is nearly three times as high as the ratio in Liverpool , and slightly more than three times as & high as the ratio in London . (Rowntree and Sher well . ) or It has been disputed whether there was , was not , a diminution of crime and an improved moral atmo in of sphere Maine as the result nominal prohibition . fi to one Looking over the mass of gures relating this , comes to the conclusion that there is no gr ound for believing that any such improvement took place . l n Indeed , the ba ance i clines the other way . By carefully selecting certain classes of figures some fi u improvement might be shown , but if other g res are admitted the result is quite the reverse . On this subject it is well to avoid drawing any hasty con elusion of a positive nature . The statistics have to certainly been a disappointment the prohibitionist , and they remain a puzzle to any unbiassed investigator who wishes to make researches in a spirit of fairness in the field of social problems . There is probably a very simple explanation for

. a nd on this Maine drank before prohibition , it went for drinking after prohibition . The convictions n 188 drunkenness in Mai e State were , in 5, or about 2 7 per of the population . If there were to really no liquor obtainable in Maine , we should have suppose this inebriety to be the result of moral elevation (for no onewho wis hed to be fair to all sides would sug to l gest it be the direct consequence of teetota ism), but it is t o be feared that in reality it was the result of liquors of a rather worse quality than those in use before the (68 17) B 2 36

w a passing of the la . Whatever may have been the mor l of i atmosphere Portland , Ma ne , before prohibition , all unbiassed investigation goes to show that the result of prohibition was little or no to t a ldiminut ion in the a mount of drinking , but a much more disorderly and unregulated of of consumption liquors decidedly worse quality , i t o and , that be ng the case , it is hardly reasonable expect any improvement in the standard of public deportment .

Turning from the United States to Canada , the & Canadian Parliament passed the Canada Temperanc e t o Act (Scott Act ) in 1 874 . This was a measure a institute , not universal prohibition , but Loc l Veto oi ' by districts . The application the Veto under i for th s law has not proved particularly infectious , it did not spread widely through the Dominion until u all war legislation began . D ring the war the provinces of Canada except &uebec have adopted some form of & & of fi restriction the liquor traf c , whether prohibition or local veto . The New Br unswick and Manitoba & 1 16 Licensing Acts , 9 , are intended to prohibit & l s and sha l prohibit transaction in Liquor . The Alberta and British Columbia Acts of 1916 and 1917 provide that alcohol may only be kept for sale for or e f or . medical industrial purpos s , except export In Saskatchewan the Act of 1917 confines the sale of t o al . coholic liquors druggists , etc These latter are war measures ; h ow long they will survive th e

peace remains t o be seen . A glance over the statistics for the periods of application and non- application of liquor laws in al Canada reve s some remarkable facts . A comparison of i i as n th e the facilities for obtain ng dr nk , show by of c fo number li ences , and the convictions r drunken ne l on one ss , for England and Wa es , the hand , and for a for Can da , on the other hand , afford food reflection . 37

fi 1 1 1 h Thus , the gures for 9 s ow that the n umber of On Licences per inh abitants are

FOr E ngla n d a nd W a les F or Ca n a d a

But when we turn to the figures for convictions for ‘ drunkenness , which might be supposed to stand in of of some sort relation to the ratio licensed houses , we find them to be per inhabitants

F or E ngla n d a nd W al es F or Ca n a d a

F d rimkenness ri urther , the convictions for in Onta o during a period when local veto was in force , and during a period of trade without local veto , give astounding results , as follows Aver a ge yea r ly c on v ic ti on s f or d r unken n es s p er n a t nt s i h bi a . P er o 1 8 8 0 t n o oc a et o i d 5 , wi h l l v P er o 1 8 8 - 0 t oc a et o 1 0 i d 5 9 , wi h l l v 3 P er o 1 8 1 - t n o oc a et o 1 8 i d 9 3, wi h l l v 9

We fi nd also that the consumption of liquor per head in Canada during 30 years of restrictive legisla 881 - 1 1 1 1 . & tion , 9 , has increased by 93 per cent In find later years , taking Canada as a whole , we the convictions for drunkenness in 1 90 0 to be

’ and 1 90 9 to be being an increase of 1 50 per fi 1 1 cent . This gure gradually rose to in 9 3, 1 1 and in 9 5, during the war , it was still Or, if we look at the number of convictions for all sorts 1 0 0 of offences , we see that in 9 they were while in 1 90 9 they amounted to being an increase of 1 15 per cent the increase in population in the same time being only 30 per cent . The benefits of the Scott Law are not very apparent

s t atis tics . Wh at s of fit the from these , mea ure bene 4 _ 39617 93 38 very recent extensions of prohibition will confer on too t o i the Dominion it is rather early est mate , but the strange results shown in the past do not justify 1 18 of any great Optimism . In 9 we already hear spirits being smuggled into Northern Ontario in & e of s of plast r Paris pedestal , and a doctor Toronto was fined for giving out prescriptions for whiskey f in the course o 1 1 days . ’ F n In New Zealand Sir Wm . ox s Act for the institutio of 18 1 18 Local Option was passed in 9 , and in 93 the Alcoholic Liquors Sale Control Act also became of r of Z law . Some half or more the electo s New ealand

for No 1 0 1 0 8 . voted Licence in 9 5, and again in 9 on 1 1 The voting this question in 9 4 showed , however , s f a sharp reaction again t the principle o prohibition . Here we meet again with the curious phenomenon r that a count y under Local Veto law drinks more ,

not . Z and less , as we might expect New ealand 1 0 0 1 10 shows , from 9 to 9 , an increased expenditure

o d . n liquor per head of population from £2 83. 4 to

1 1d . £3 3s . The expenditure per head in the United

1 d . & ingdom in 19 0 was £3 9s . 3 ; so New Zealand with Local Veto has a heavier expenditure than & ma the United ingdom without Local Veto . It y further be noted that there were charged with drunken Ze 1 0 ness in New aland in the year 9 5 persons , 1 0 of and in 9 9 the larger number persons .

40 the issue o r renewal of licenses should be placed in the hands of the persons most deeply interested and aff — t who ected namely , the inhabitants hemselves , are entitled to protection from the injurious oonss quenc es of the present system by some effi cient measure & of local Option . 2 8th 18 1 o v On April , 9 , the customary l cal eto

e . resolution was propos d by Mr John Ellis , but an amendment was proposed , consisting in the insertion in the resolution of a statement to the effect that if a the liquor trade were interfered with , it was just th t n equitable compensation s hould be given . This ame d of 61 new ment was passed by a majority , and the m resolution , with the embodied amend ent , was afterwards passed by a majority of 7 1 . 18 18 1 On the th March , 9 , the Welsh Direct Veto

Bill was introduced . It passed the second reading

of 6 o . by a majority , and was then dr pped By this measure it was proposed that one- tenth of the rate payers in any district might demand a poll on the following questions & ( 1 ) That the sale of intoxicating liquors be pro ib it d h e . (2 ) That licences be reduced to a certain specified

number .

(3) That no new licence be granted .

The passing of the first proposal was to be dependent t w o- of upon a thirds majority the votes recorded , and of the second or third proposals upon a bare majority f o . to i e votes recorded The Bill , strange say , prov d d no opportunity of res cinding the third resolution if s once carried . No compen ation , in any case , was i for prov ded by the Bill . We now come to the great prohibition attempt of

1893. As a preparation for this a canvass had been of th e ca d was made parliamentary ndi ates , and it 4 1 expected that 2 93 of the newly- elected Members would ll to support the Harcourt Bi , which was introduced the new Parliament without delay . According to its r i one- p ovis ons , if at any time tenth of the local electors addressed a requisition in writing to the local authorities , they might cause a poll to be taken , either on the question of Sunday closing or on that of pro hib it io of - n . By the terms the Bill , two thirds of the votes recorded were sufficient to carry a resolution t o for total prohibition , and a bare majority was ll carry a resolution for Sunday closing . The Bi ,

- however , did not pass . Among other non successful ’ measures of this nature w ere Sir W . Harcourt s e s cond Local Control (Veto ) Bill , which was introduced 18 18 in 95, and the Sunday Closing (England) Bill of 97 , the Liquor Traffi c Local Control (Scotland) Bill of 1 0 n 1 0 8 9 7 , and the Licensi g Bill of 9 , which contained a Local Veto proposal .

England , Wales and Ireland have thus far managed t o defeat the schemes a nd stratagems of the probi b itionis t s as far as Local Veto plots are concerned , b ut Sc otland is already in the toils . The Temperance 1 1 of a (Scotland) Act , 9 3, passed the Houses Parli ment s on 1 and received the Royal A sent the 5th August , of 1913. By its provisions the slender majority fi 55 per cent . of the votes recorded is suf cient to carry prohibition , provided that such majority constitutes

35 per cent . of the total electorate . But , further , l of anything over a bare ha f the votes given , under sufii c ient i the same condition , is to carry a l miting resolution , with the result of reducing the number of n - of licences by o e fourth . In the fourth clause this Act it is stipulated that An elector shall not be entitled to vote for more than one of the resolutions if - submitted at the poll , but a no license resolution not ri of be car ed , the votes recorded in favour such resolution shall be added to those recorded in favour 42 of ee to e the limiting resolution , and shall be d med hav & been recorded in favour thereof . We have already referred to the ease with which measures affecting popular liberties get through the H ow a of the Houses of Parliament . m ny people whose normal course of life will be affected by the of 1 1 Temperance (Scotland) Act 9 3 are aware , we f o on 1s t 1 2 0 . o ne wonder , that June , 9 , 35 per cent half of the adult population in any electoral area in Sc otland will be able to close all the licensed premises throughout that area of of At the time the General Election December, 1 18 cheerq c 9 , a good many candidates y de lared themselves to be in favour of the Licensed Trade being placed under popular control . Since , as we o r have seen , no L cal Veto measures as yet int oduced have been based in any real sense on popular & on of control , but , the contrary , give powers coercion to l small minorities , this robust phrase wi l not entail support of any Local Veto prOpos al that is likely to be brought forward . It will be seen , in fact , that any member pledged to popular control & is pledged against & Local Option . 43

CHAPTER I& .

WOBBLING AND P ATCH WOR& .

In most prohibition laws provision is made for

wobbling . By this we mean that by a vote the b e fi licensed trade may destroyed and con scated , and three years later it is possible that another vote may reverse the former decisions and permit the on trade again . But no e can make any mistake as t o the result of such a system . If a whole trade is to re- be hopelessly ruined , and then to be permitted , with the prospect of again being confis cated in another

- three years , it is obvious that no self respecting man of business will adventure himself in it any more . Speculators of the worst type might always be found of to take it up , but not people honestly desirous serving a public need in a conscientious way . The inevitable result of any such wobbling legislation fir would be , in the st instance , the destruction and fi of - u con scation a well reg lated trade , conducted in of decent houses by men established good character , on r and , the rebound , the fu ther result would be the revival of a trade run on the chance of netting big fi ’ pro ts in a three years period , with every appurtenance for o S designed temp rary use , by men with the peculative nc i insti t , infin tely worse morally and commercially r than thei predecessors . One might as well expect to maintain the credit of the Bank of England under a system by which the electorate should vote every three years to decide wheth er th e Bank should honour its notes during the

next three years or repudiate them . 44

A further anomaly which must inevitably follow Local Veto is the fantas tic dis tribution of the trade ni in districts under veto and the ones adjoi ng them . A considerable number of customers for fermented liquors would doubtless jus t step over the border to - the non veto distri ct t o satisfy their wants . Thus the trade of the house on one side of the border would r be arbitra ily taken away , while the house immediately on the other side would enjoy greatly increased custom nc at the expense of its former rival . This i reased has custom would be likely to cause overcrowding , te ,

di c s . one s omfort , and perhap disorder Thus , on the side we have the trade forcibly suppressed , and , by th e of a nd action the same law , the trade disorganised congested in districts to which the law does not apply . It may be noticed that the practical effect of this disorganisation is directly antagonistic to all principles of of temperance . The Bishop London has called attention to the fact that the more averse a neigh b ourh ood to pub lich ouses and the more probable it would be that Local Veto would be passed . Con ver sel y, the more addicted the neighbourhood to pub lic houses the less would be the possibility of any such vote. Local Veto would therefore have no c of ed ere chan e being appli just in those districts wh ,

to V etot alers . according the , it is most needed This is exemplified in the working of such laws in other countries . In Maine the agricultural population

& (which never suffers by excessive drinking to anything like t he same extent as the town population) has always of for constituted the larger part the voters prohibition , n and Portland , Mai e , a seaport , where excesses might b e e to in r i lik ly occur, has been aga st p ohibit on . 45

CHAPTE R & .

- BY P ROD UCTS OF SUP P RESSI ON .

WE have seen that the passing of prohibition laws a broad has often given rise t o such an extensive network of illic it trading as to make them of non effect . This follows much in the same way that a system of very high import duties is a direct incentive to E hsh smuggling . ng smuggling , which was so prevalent c a o w b a entury g , was never put do n y the vigilance of ff e b u the coastguards and revenue o ic rs , t by the diminution and abolition of duties , which took away o the incentive to it . More than high duties , r high c of n li ence , the total prohibition a y commodity evokes f illicit trading . Prohibition has an e fect which even ‘ goes further t h a n making illicit trading very profitable . Individuals chafing under autocratic restri ctions come or s i to regard it as a point of honour , at least a a sport ng undertaking , to Oppose them . This influences a circle of people much wider th an those directly interested financially in the circumventing of the of on t e law , and ranges the majority the population h S of - t o of ide the law breakers . It tends o form a b dy of d all o conscientious objectors a sort , an we kn w the difficulty of dealing with this class . It brings the i of t e law into disrepute , and makes break ng h law respectable . These statements are a b undantly demonstrated throughout t he length a nd breadth of a l o a d t ill h , l pr hibition countries , n i w be agreed t at a th e o f a w b t s bl wh tever scope a l may e, i i proba y better not to have a law than to have a law which

n . i s no law , u iversally broken with impunity 46

There is an analogy between attempts at prohibition of and the practice religious intolerance in pas t ages . Religious persecution has hardly ever attained its object of suppressing the obnoxious belief or sect . It is notorious that the most persecuted fai ths flouris hed for k the most . We make no apology stri ing a parallel between religious pers ecution and attempts at pro hib it ion . The same principles that made it impossible to suppress the one are mili tant against endeavours of to prohibit the other, and as the habit taking fer mented beverages is far more ancient than any of the existing religions , the odds are against suppressive measures which have failed when used against the latter being more successful when used against the Th e d former . desire for fermented rinks , in due on r season and app opriate occasion , is instinctive of and persistent in the vast majority mankind . It is o of n d a desire b rn a real need , and if the eed is denie satisfaction evil results ens ue . By ela 8 of the 1893 Local Veto Bill it is expressly stipula ted that nothing in the Act should affect th e sale of methylated spirits for use in arts or ma nufac r al tures under any enactment pe mitting such s es , S i i and most veto acts contain im lar provis ons . Thus , ll ri under Local Veto , there are sti methylated spi ts i r s . about , and methylated spi ts are trebly poi onous Now , it is a commonplace that when wholesome fermented liquors are withheld th e drinking of methy

ri n . Al tri lated spi ts begi s ready , under war res ctions , we see almost every day in the papers accounts of th e growing habit of drinking methylated spiri ts and of

the evil effects which follow . This has been especially o noticeable in Liverp ol and in the East End of London . l io The same substance poisoned the Russian popu at n, k o r . mind and b dy, when vod a and beer were p ohibited We a e ea t co a i h v l rned recen ly that Opium , c ne , and a string of other poisonous drugs are coming into vogue

48 preventive of excess seemed to b e justifying itself by results . But in 1918 there came a mystifying turn of the h tables . W ile the sales , as already remarked , fell t o the convi cti ons from litres per head litres , for dr un kenn ess simulta neousty rose from to ill i in a nd they a re st r s g . Mr Bratt attributed this ilh cit s ll reverse movement to di ti ation , which began after the drastic reduction h a d been introduced in 1917 and rapidly extended until the police declared ri on in l that it was car ed in every house Stockho m , and they could not cope with it . The mo nthly fi statistics con rmed the explanation . Drunkenness d 1 1 - iminished down to October , 9 7 , when low water to mark was reached , and then began increase with a gathering momentum . In the later months of 1918 the number w as more than three times as great as in the same months in 1917 . The admissions o f cases of delirium tremens into the Central Hospital fi for Alcoholics con rmed the police records . The danger of passing from controlled to illicit traffi c through over-restriction has never been more clea rly

Exactly the same result has followed in the United States from a policy of restriction accompanied by the is threat of prohibition . There good reason to believe that illicit brewing and di s tilling has been going forward

- at a rapidly increasing rate for months past . But there is u nm istakable evidence of preparations of the same kind a gainst the d ay of prohibition if and when it comes . T h e a ppr oa c h of n at ional pr ohibiti on is her alded in th e U nited S tat es P a t ent Offi c e by a phen om ena l inc r eas e i n a pplic a tions for pat ent s for devic es Obviously int en ded for t h e priva t e m a n ufa c tur e of al c oholic bever a es g .

Times M a 2 1 1 6 . , y , 9 9 49

S t s t h e s c or e ar e e n n en e a n d t ill by b i g i v t d , wi h t hem t h e P a t ent Offi c e is r ec eivin g for mula s for hundr eds of n ew at ent me c nes ess en c es of r u t r o u s r o p di i , f i p d c t f m ic alc o ol m a b e st e a nd t on c s r er wh h h y di ill d , i p op ly medica t ed a cc or din g t o r ec ognised st a nda r ds b ut c on t ai nin er c en a es of alc o o O i um a n d ot er r u s g p t g h l , p h d g . A uniform fea t ur e of innumer a ble temper a nc e dri nks f or whi c h p a tents ar e demanded is t heir susc ept ibili ty t o ‘ ’ r O er t r eat m ent in r t e s t l s p p p iva i l . Th e most popular of all t h e a ppar at us employed is one t a t r e uir es n o t ec n c a n o e It c ons st s h q h i l k wl dge. i of a c 0 pper a nd &inc st r uc tur e whic h m ay b e p acked into an or dinar y t r a velli n g t r unk a nd whic h fer m ent s a nd s tils e er malt or s r t uous e er es di ith pi i b v a g . Whi sky an d r um a r e n ow bein g wi dely ma de r om t omat o u c e molass es east a n d a t er erment e f & i , , y w , f d in m S ix t o n n e a s a nd t en s l n arr e s r o e . O e b l f i d y , h di ti l d of t h e ormu as r e u r es t r ee a ons of m o a ss es on e of f l q i h g ll l , east 8 of t om a t o uic e a nd 0 of at er t h e c om in a y , 3 & , 5 w , b t ion e n n en e t o r o i e a ar e su b i g i t d d p v d l g pply . Th e favourit e gin for mula is a mesh m a de of m al t ed ar e a n d r e eas t a er un er err es s a and b l y y , y , w t , & ip b i , lt ,

The simple fact is that the vast majority of people fi d n fermented drinks gratifying and helpful . If they are denied by law the facilities for obtaini ng such i a drinks in wholesome form they w ll , p rtly from of desire , partly from a sense being unwarrantably k of t o baul ed an elementary right , proceed decoct m unwholesome alcoholic co pounds for themselves . Alcohol of a sort can b e produced cheaply enough by anyone w ho is sufficiently interested to go into the i of r techn que it , and can be d unk in secret by anyone whose stomach can stand it . The liquor and the circumstances of its production and consumption our alike conduce to drunkenness . Is that what V etot alers wish to bring about We will try to think of better them , but it is not easy . In this connection we cannot pass over the remarkable th e example of prohibition in Russia . On e outbr ak

T imes M a 2 8 1 1 . , y , 9 9 (6817) 50

1 of th e of war in 19 4 the sale vodka , national r s spirituous d ink , was prohibited , except in a few case , - For as in first class restaurants . some time beer of l w to and wines o strength were allowed be sold , but eventually every alcoholic drink was prohibited in almost every district of Russia . ’ We all know the story of Russia s participation in r i the war . Having made g eat exertions and susta ned n of heavy losses , the discontent amo g the people that gr eat empire rose to an acute point . Dearness and scarcity of all provisions and necessities of lif e were of al at the base this discontent , and the tot prohibition of even the harmless light beer and the light natural i so w ne , which was before freely consumed , had probably a greater effect in farming this fla me of discontent than any other deprivation . The result of the prohibition was a large consumption of ri or methylated spi ts , furniture polish , any compound ' & containing a proportion of the poisonous industrial of c alcohol , increased disease , drunkenness a mu h more inj urious type than that resulting from excess or in the consumption of vodka , beer , wine , and revolution . Both before and after the revolution the same Old of e i b e story prohibitionist exp r ments is to told . l l n i I licit trading , secret distil i g , and smuggl ng were prevalent all over the country . The N ovoe V remya ’ of 8 1 1 s s November , 9 7 , say , The pea ants esta b lis hment s in are smok g like factories , day and night , & ill o distilling icit spirit . In the further course f the revolution we do not undertake to say what proportion o f evil has resulted from prohibition and how much S ri from illicit vodka made from methylated pi t , but it is certain that prohibition started the trouble . Under the prohibitionary regulations in Russia local authorities were allowed t o decide for or against the of sale liquor . These authorities were entirely 51

- of ul non representative the people , as wo d be the case also in England if a of the population

allowed to carry such measures . They were , & of i in fact , a good sample Local Veto leg slation . 52

CHAPTER & I.

TH E B V CLU E ASI ON .

As our V etot alers proposed to regulate the liquor l to trade by new laws , we natural y come make the u n ffi & enquiry , Are the present reg lations i su cient The complexities of the existing licensing laws have to l been reduced something like order , and in a arge fi n o i measure codi ed , by the Licensi g (C nsolidat on) For of Act of 1910 . the sale alcoholic liquors in one England two licences are required , from the

Justices and an excise licence . Th e Justices may i to a grant a licence at their d scretion , subject cert in of i e regulations and requirements . The grant a l cenc by the Justices may be opposed by any person resident s w ho for in the di trict , may state the reason his

' r b th e objections . In case a licence is g anted y t c t o te Jus i es , it is subject confirmation by quar r of sessions in a county , the whole body Justices in

or . a b ough , etc , and may be then Opposed by an ti m c objec ng resident . Si ilar proceedings a company of the renewal a licence previously gr anted . The e of r newal a licence may be refused , without ’ a of the gr nt any compensation , if the licensee s premises have been ill-conducted ; if they are structurally fi i or or or de c ent unsuitable , if the character fitness of th e t applicant is unsatisfactory . If the Jus ices desir e t o take away a licence on other grounds as unnec essary) the licensee may receive compensation o o from a fund , which is formed by a levy imp sed up n l ‘ ce r . th e licen holde s Thus , whi e individual may be e e s ed comp nsated , the trade as a whole is not comp n at , for it must itself subs cribe th e money which is to 53

be paid to one of its members . A licensee must no t f or e on su fer any gaming b tting his premises . Th e smallest breach of the multitudinous regulations of the Acts , even though it be inadvertent , may o lead to the confis cation f his licence . He is respon sible for none of his customers being in any way under of b e the influence liquor , even though it may drunk s l to or el ewhere , and he is by law compel ed answer f of of the moral character a section his customers , and , l of to fol owing moral lines distinction , deprive some of them of the full benefit of his house as a pla ce of rest or social relaxation . Any constable may at all times enter on any licensed on no ni premises , even defi te ground , but merely to if t — see all is righ Licensing (Consolidation) Act ,

Section 8 1 . It will be seen that th e establishment and conduct of pub lichouses is already severely regulated and c e f ontrolled . Even if we suppos the habit o drinking fermented liquors to be as dangerous and suspect as th e prohibitionists assert , it must be admitted that hardly could more stringent rules for its control be i n devised . But while dr nki g is restricted in public es o hous , it is unrestricted and abs lutely uncontrolled c s e no in lub . The police hav right without a warrant to enter such places to see whether excess and drunken Yet ness takes place there . most veto proposals pas s over clubs and leave them in the same unr egulated and unrestric ted position . If veto prOposals were generally passed in th is c e th e n ountry , ther is little doubt that drinki g habits of the common people would be practically transferred en bloc to of the territory clubs , beyond all reach and

l of th e . who regu ation law The Americans , are notoriously quick in th e uptake in matters of t is so t e s c i t h r , in som di tri ts made th s change wi h t u he i the o tio deligh f l alacrity . T nstant pr hibi n law 54 touched a dis trict the whole body of customers of ’ a saloon planked down a few dollars each and became e of c memb rs a lub , meeting in the same premises , to o on thus allowing the trade g merrily as before , only without supe rvision . It is certain that no one w ho is neither fanatically prohibitionist nor directly interested in the illegal profits of shebeening and smuggling can approve of these results of legislation . They are neither just f nor or . moral , nor expedient the State

56 bona fide desir e to check excesses it may be assured of the heartiest co-o peration and support from every single licens ed victualler in the country . The man who is liable to drink to excess inspires a perfect e of to horror in the license a public house , liable have his licence and livelihoo d taken away by any breac h t o of the regulations due to such a man . We beg assure the teetotal party that the publican is ready to spare no pains to prevent this rare degenerate for for from developing his peculiarity , , business pur

o . p ses , he is the worst enemy the publican has The existence of this individual cannot be brought forw ard as a justification of the projec t for muzzling the whole population lest they should also fall into excess . Practically everything may be abused .

Religion may be overdriven and become a mania , o likely t land its possessor in a lunatic asylum . A & as for or p sion going to pictures , reading trashy i our literature , may be a decided ev l , as police court of records sometimes show . The right the workman t o c s fi ease labour , if di satis ed with its conditions , e of - i may be abus d by a system never ending str kes , in which no contract is ever kept ; and all drifts to l of anarchy . The resu t these abuses may be worse o than the abuse f drink . e t b e e oed If very hing that may be abused must v t , w e for then shall enter at once into a lunatic world , our series of prohibitions will evidently have to extend so far as to prohibit men from ever seeing or speaking to women . If we admit that everything that requires State s i licen ing and regulation must be vetoed , then, aga n , we of enter regions absurdity . Justices have the e to or t pow r licence refuse to licence thea res , and regulations ar e necessary for their proper c onducting . Does that say that they may besuppressed Tobacco 57 is i ce is e excised and taxed heav ly, and a licen r quired ’ on vetois ts r for its sale . Is it the p ogr am s to prohibit it‘& The authorities have something to say t o the proprietor of a picture house before he opens is it to the public . Is th institution also doomed to b e suppressed & If everything of th e sort wait for ’ vetois ts oo b e prohibition, then the black b k will a n enormous volume . Perhaps something of the is for i th e w e ff sort intended , dur ng and after war su er f of t rom an epidemic res rictions . In that case we may expect that in the future not only will a man have his ee e b r stopp d , but he will probably be prohibited o i own o e ll to fr m blow ng his n s , being compe ed employ a government-c ert ified member of the Association of Washers and Dressers t o do it for him at standard n the th e v rates . Duri g war Go ermnent has regulated the of our oo now height b ts , and perhaps we shall have the colour of our ties and socks and the pattern of our wai fi - h stcoats xed by post war legislation . T ere is a very wide field for regulations if one once gives w ay to is . i io i c t th mania Rel g n m ght be lo ally con rolled , a nd eac h district might vote for one religion to be to ate all e of ler d and th rest suppressed . On the lines the veto proposals votes given to the freethinkers i fi i to m ght , if insuf c ent secure success for that party , b e co side t o for n red be cast Christian Science , and , i a of to s mil rly , Church England votes be credited Ro a t t o man C holicism , and Particular Baptist votes a the L tter Day Saints . are of t These certam days progress , the only ques ion

& N o one . is , Whither seems to have a distinct idea We are told gr eat things about a coming millenium of of Whitley Councils and Leagues Nations , all exa mples of our wonderful progress a nd intellectual l b e development . We hOpe all these things wi l i d t our to c tici unm xe blessings . It is no part ri se (6317) D 58

of su es them , but in view them we want to make a gg tion to the prohibition party . Did it ever occur to you to try to educate the public instead of attempting grandmotherly legislation to control them & Instead of - a Draconic law to close public houses , would it not be more in keeping with the spiri t of the times that you should try to persuade the public in general not t o & to b enter them In a word , convert the people y reasoning to your way of thinking Are your prin c iples bankrupt in reason that you have no hOpe of spreading them in a reasonable way 3 Grant that the prohibitionists S incerely believe do that fermented liquors are evil . Why they not try to spread their principles by peaceful methods in place of despotic laws & If their arguments are so t o i e convincing as convert everybody , this w ll solv very knotty problems . There will be no question o f for o compensation , the licensed trade cann t expect Government to indemnify it simply because the tastes of the public have altered , any more than a tailor could demand an indemnity because the public m had ceased to like the cut of the clothes he ade. If they admit that they have no hOpe of doing this then it is an admission that they wish to apply force because their reasons are weak . We should think the teetotal party ’s time better spent if they advocated true temperance and modera tion in the use of all good things , but this is a matter i of opinion ; so they may , if they choose , retain the r of to i bad opinion alcohol , and try persuade the publ c on i that , as the schoolboy stated in his essay nicot ne , ’ One drop of it placed on a cat s tongue will kill a man in a minute . If the licensed trade has imperfec tions and evil

. of our or sides , try to make it better None laws customs are wholly perfect . Marriage , divorce , trades 59

i of are union sm , and the whole system government ’ imperfect but for Heaven s sake do not try to abolish everything of good which we have because it is not ll i better . Excess in faddism wi ult mately prove , l al physical y and mor ly , worse than excess in the use of fermented liquors . UNIVE RSITY OF C ALI FO RNIA AT LOS ANG ELES LIBRARY