Page:The American Cyclopædia (1879) Volume XV.djvu/847

 TOTAL ABSTINENCE 817 consin about half of the counties opposed it. The agitation of the question of license resulted in a strong public sentiment in favor of pro- hibition. In March, 1847, the supreme court of the United States unanimously decided that prohibitory laws "were not inconsistent with the constitution of the United States, nor with any acts of congress;" and that it was within the police powers of the states to restrain or prohibit the traffic in intoxicating drinks. Maine was the first state to prohibit by law the sale of strong drinks. A prohibitory law was enacted in that state in 1846, with only ordi- nary fines for its violation. The " Maine law," drafted by Gen. Neal Dow, provided for the seizure and destruction of liquors held for il- legal sale ; fine and imprisonment for the illegal manufacture or sale of liquors were prescribed in 1851. This law was repealed in 1856, and a stringent license law substituted ; but after an experience of two years of license, with in- crease of poverty, crime, and public disorder, contrasted with the previous years of prohibi- tion, an 'enactment was passed and submitted to the people, and prohibition again became the policy of the state, being ratified by a ma- jority of 22,952. Delaware was the second state to enact a prohibitory law, which was sub- mitted to the people and ratified in 1847 ; but in 1848 it was declared unconstitutional by the supreme court for being so submitted. In May, 1852, Khode Island passed a prohibitory law, which was declared unconstitutional by Judge Curtis of the United States circuit court. It was amended in January, 1853, and was repealed in 1863. In 1865 a law was passed allowing town councils and boards of aldermen to grant or refuse licenses. In 1874 the license clause was repealed, and prohibi- tion reenacted ; but in June, 1875, the prohibi- tory clause was again repealed. Massachu- setts passed a prohibitory law in 1852, which was declared unconstitutional in some of .its provisions, and a new law was passed in 1855, which remained till 1868, when it was repealed and license substituted; but the prohibitory law was again enacted in 1869, cider being ex- cepted. In 1870 the law was altered to allow the free sale of lager beer, ale, porter, and strong beer, in every town in the state where the citizens did not vote to prohibit it ; but in 1871 the law was again changed so that malt liquors might not be sold in towns without a vote in its favor, cider being still exempt. In 1873 the beer clause was repealed, thus resto- ring the prohibition of both malt and spirituous liquors ; but as apothecaries were permitted to sell, the law of 1855 and 1857 was not ful- ly restored. In 1875 the prohibitory clause of the law was repealed, and license substituted. The Vermont legislature in 1852 passed a pro- hibitory law, which was ratified by the peo- ple in 1853, and still remains. In 1850 Michi- gan prohibited the sale of liquor by a consti- tutional provision; and in 1853 a prohibito- ry law was enacted and ratified by a popular majority of 20,000. In 1854 the law was pro- nounced unconstitutional by half of the judges of the supreme court, because it had been sub- mitted to the people. The law was reenacted in 1855, and was changed seven times previous to 1875, when the prohibitory law was repealed and a tax law substituted. In 1853 Chief Jus- tice Williams of Connnecticut drafted a pro- hibitory law, which was passed by the legisla- lature, but was vetoed by Governor Seymour. But in 1854 a bill was passed prohibiting the sale of liquors by a vote of 13 to 1 in the senate and 148 to 61 in the house. It was repealed in 1872. A prohibitory law was enacted in Indiana in 1853, with a clause providing for its submission to the people, which the su- preme court pronounced unconstitutional. In 1855 another prohibitory law was passed, but it became null because the supreme court was equally divided as to its constitutionality. In Iowa a prohibitory law was passed by the legislature in 1855, and ratified by the people. This law still exists, with 'some modifications in regard to fermented liquors. The New York legislature passed a strong prohibitory law in 1854, which was vetoed by Governor Seymour. The next year the law was again passed, and its constitutionality was affirmed by the court of appeals in 1856. In New York city the mayor did not attempt to en- force it. New Hampshire passed a prohibi- tory law in 1855, which is still in force. Illi- nois also passed a prohibitory law, with a clause providing for submitting it to a vote of the people, by whom it was defeated. The fourth national convention assembled in 1851 at Saratoga, and passed resolutions in favor of prohibitory laws, and advised that an appeal should be made to the people in states where the legislature would not enact such a law. The fifth convention, held in 1865, recom- mended the use of unfermented wine by the churches in the communion, deprecated the use of alcoholic liquors as a medicine, and urged the medical profession "to substitute other articles in the place of alcohol as far as in their judgment it can be wisely done." A committee appointed by this convention or- ganized in 1865 the "National Temperance Society and Publication House," which has its headquarters in New York, and is engaged in the publication and distribution of temperance literature. The sixth convention, at Cleveland, Ohio, in 1868, urged the friends of the cause " to refuse to vote for any candidate who de- nies the application of the just powers of civil government to the suppression of the liquor traffic." The seventh convention, held at Sara- toga in 1873, declared "that the time had ar- rived to introduce the temperance issue into state and national politics," and "to cooperate with existing party organizations where such will indorse the legislative policy of prohibition and nominate candidates pledged ^to its sup- port, otherwise to organize and maintain sepa- rate independent party action." The eighth