IMAGE EVALUATION TEST TARGET (MT-3) 7 / /. o {/ \/^ f/. 1.0 I.I 11.25 •^ 1^ 1112.2 1^ 2.0 1.8 U IIIIII.6 V] <^ /] % ^/. ^c^ > > ? 'y /A CIHM/ICMH Microfiche Series. CIHM/ICMH Collection de microfiches. Canadian Institute for Historical Microreproductions Institut Canadian de microreproductions historiques 1980 Technical Notes / Notes techniques The Institute has attempted to obtain the best original copy available for filming. Physical features of this copy which may alter any of the images in the reproduction are checked below. D D n Coloured covers/ Couvertures de couleur Coloured maps/ Cartes gdographiques en couleur Pages discoloured, stained or foxed/ Pages d6color6es, tachet6es ou piqudes Tight binding (may cause shadows or distortion along interior margin)/ Reliure serrd (peut causer de I'ombre ou de la distortion le long de la marge intdrieure) L'Institut a microfilm^ le meilleur exemplaire qu'il lui a M possible de se procurer. 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The following diagrams illustrate the method: Les cartes ou les planches trop grandes pour dtre reproduites en un seul cliche sont filmies d partir de Tangle supdrieure gauche, de gauche 6 droite et de haut en bas, en prenant le nombre d'images ndcessaire. Le diagramma suivant illustre la m6thode : 1 2 3 1 2 3 4 S 6 r THE TEETOTAL TYRANT, IJl'ING Illnstratioiis of 'rrctotal Mct/nhh iiii.irr ,i ProJiibitory /jf/zior Ldiu, together icitli RoiiiU'ks ON tlic f^rc^cut Position if/ Great * Britain. BV T. C. DOWN {0/ the Mu/iiit: '/i-w/A-, Ihtmstcr at-Lnxo, and ^ of i/it Caiuuiiiin J^ii'), Author of AN- OBJl.CT-LESSOX I.N M'KOflililTlON 'y.Viihi it'll th Ccnliny, M-v kS()5). -■V. X^-Nw 'N--%,'%_^^-s^-v PRICE THREEPENCE * N-/ '■-.'■V^N./>^/-V>-N^N/ 2!on^on : s. Phillips; ui flklp . 1893. V STRLKl, K.C. / THE TEETOTAL TYRANT, hf;ing Illustyations of Teetotal Methods under a Pyohibitoyy Liquor Law, together with Remarks on the Present Position in Great Britain. BY T. C. DOWN ( Of tiie Middle Temple, Barrister-at-Law, and of the Canadian Bar), Author of Ax\ OBJECT-LESSON IN 'PROHIBITION'" (^Ntnetcenlh Cfiittny, May 1S95). Itonbon : J. S. PHILLIPS, 121 FLEET STREET, E.G. 189S, (By pcrminaUm.j TO SIR EDWARD CLARKE, Q.C, M,')>iher of Parliament for Vl and distillers and retailers, and of the mfiny thousands of investors who depend^ more or less, for their means of support upon the stability of these concerns, are of very great importance, and must by no means be trifled with> but they do not fall within the scope of tliis paper. Those who are engaged in the liquor trade itself are a very formidable section of the connnunity, who knoAv well how to look after their own interests, and display even,' intention of doing so in a most efiectual manner. They are perfectly capable of taking care of themselNes, und it will be well for the rest of the nation if they know how to follow their example. That which is the matter of the gravest concern to the people of Great Britain is to discover what are the real objects and aims of the men to whose crudities the Radical Government proposed to sacrifice the rights of the remainder ; what is the character of those individuals, and what is the inevitable result of the means by which they would attain their ends. As long as the teetotaler confines his attention to his legitimi^te business of reclaiming the tipplers and the drunkards, there is no need to fall foul of him, for no one but an outer barbarian wishes to encourage drunkenness. It is when ho comes forward with the impudent proposal to harass the rest of the 9 community by causing them the greatest inconvenience in obtaining such refreshments as they wish to procure, or perhaps to prevent tlieir being ol)tained at all, that it is time to call a halt and drive him back into his oAvn haunts. It is the height of the ambition of these loud-mouthed fanatics to have the power of interference with the liberty of other people ; what they are pleased to call the ' moderate drinker ' is their particular detestation, and the only plan which occurs to their disordered imaginations for tlie purpose of putting a stop to the evils of drunkenness, is the imbecile one of stopping the sale of liquor to everyono. Most thiriking men would probably be prepared to follow }>h'. Justice Wills when from the Bench he ridiculed the notion that the lust of drink — " that curse to humanity " — could be expelled from the human heart by severe enactments applied in a harsh spirit, and went on to say that the habits of mankind were ineradicable except by the slow and gradual process of teaching better things, and by the formation of that juster state of public sentiment so well illustrated in the habits of the higher classes of society during the past century.* lj\it considerations which are sufficient to satisfy Llioughtful people do not appeal to these half- educated enthusiasts. Moreover, it must- never be forgotten that what the teetotaler is aiming at — the man who is already strong enough to have brought a Chancellor of the Exchequer to his feet — is the entire suppression and extinction of the trade in intoxicating liquors. It is true th.at ' total prohibition ' in Great J5ritain may be a grotesque idea, but it is not more grotesque than the spectacle of the Government which sold its birthright for a mess of pottage. Formerly the teetotalers were content to be known by such inoffensive terms as iho "temperance party," and "The United Khigdom Alliance," and what they advocated was called a "■ Permissive Jiill " ; but now they have thrown off all disguise and impudently proclaim themselves the " Prohibition Party," which alone is a sufficient indication of their intentions. As to the question whether prohibition has ever been a success or not, apparently they do not stop to enquire or to investigate the matter. Sir Wilfrid Lawsou himself is so densely ignorant of the subject that he not only makes tiie grossest mis-statements as to the practical effects of prohibitive systems of law, but he cannot even specify the particular places where such systems have been tried.t This fact affords a slight indication of the character of these people, who care nothing about the good or evil effects of their proposals as long as they can ride rough-shod over everyone and sweep every- thing before them that stands in the way ot the accomplishment ot their ends. How is their true nature to be ascertained and exposed to view ? Englishmen at home have no opportunities of discovering their * Montgomery Boroughs Election Petition. December 1892. Per Wills, J. f Vide .speech by Sir W. Lawson, M.P., in House of Commons on introduc- tion of the first liquor Bill of the Iftte Government, 27th Feb, 18913. 10 capabilities for miscliiof, for here thoy liavo scarcely yet begun to show themselves in tlieir true colours. Such kiiowloclgo can only be obtained from the experience of those who luivc witnessed their conduct wlien the law has invested them with power, and given them the cJiance of showing to what an extent they will carry the exercise of that power. If yon want to discover the atrocities of which man- Idnd is capable under the iuiluence of religious bigotry, you must read the history of the Holy Incpnsition, and go back to the tires of Smith- field and the massacre of St. Bartholomew ; or if you wish to appreciate the true s[)irit of Piiritanisni, you will follow the doings of Oliver Cromwell in Ireland, and the methods of the generals who grafted the cruelties of the ancient Jews into their practice of Christian principles, or you will read the history of the sectarians in New England in the last century. If you want to know the Russian, you ■v\'ill not stop in St. Petersburg, but follow him along the roads into Siberia ; or the Turk, then you will get away from the neighbourhood of the British Embassy, and make yourself acquainted with liis behaviour in Armenia. "Where the law of prohibition is in full swing, there it is that your thorough-going teetotahu- throws off the mask of temperance, and barks back to the genuine tyranny of his savage nature, for ho will consign your soul to hell or your body to prison with equal indifference. The evil consequences of prohibition are amply sufficient in theniselves to make thoughtful men shudder at the idea of running the risk of their development, Cliicanery, deceit, and fraud, and wides]\read con- tempt for the law are among die least of the evils engendered by a system of repression ; but if you make a freeman into a slave by robbing him of his individual liberty in any particular, you must not be surprised if, quoad hoc, you develop in him the vices of slavery ; they are his only means of defence, and the only methods by which he can defy you, for you will never get him to accept with complacency the imposition which you lay upon him ; all that you succeed in doing is in rousing his antagonism, and the rest follows in due course. This is just where the teetotaler sluuvs himself to be the enemy of progress; the slow and steady process of education, which is the only certain means of enlightenment and improvement, is insufficient to satisfy his ill-balanced mind, and he resorts to the employment of force to reform the morals of the people, with the only result of making their last state w'orse than their first. So vehement huleed is his tenacity of purpose, that the teetotaler will not hesitate to turn society into a pandemonium rather than abate any of the requirements of his overweening self-conceit ; but if 1 were to attempt to describe the scenes of aggravated and grovelling drunkenness which I have witnessed nnder the auspices of tlie law of prohibition, their very repulsiveness would render their recital unfit to appear in print. Yet, deplorable as it was to sec men becoming over more and more degraded, till drunkenness was treated with laughter, and the feat regarded as something to be proud of because accomplished in defiance 11 of an intolerant law, and In despite of awatdiful police, in my opinion those ■wore not tlie most distressing clTeot:^ of such a law. Dotostahle as the vice of hurd-driidcinj,' may bo, tho individual who is foolish enough to give way to it has only himself to thank for tho results that follow ; he is under no compulsion from outside in the matter, and the elfoets which tho practice produces will coaso more or less when lie chooses to put a Ktop to it. To my mind, tho ruthless disregard of tho life and liberty and property of individuals (for Avhat is life without liberty '? ) which tho teetotaler displays without remorse when he appears upon the scene, armed with the powers which tlie law confers upon hijn, are the most distressing consequo}u,'os of the abominable law of prohibition, and it is here tliat he reveals tho true inwardness of his nature. In this matter I can fortunately set out in full tho facts upon which I base my conclusions, and leave tho reader to form his own judgment thereupon. The first case which I shall mention I have had occasion to refer to before, but it has never been presented in all the beauty of complete detail. It happened in the town of I'ntValo Hump, in the Canadian Territories, when." there was a small band of bigoted pro- hibitionists, most of thern attendants at the Methodist chapel. One of these, named Jobson, a small storekeeper, sent over to me one morning to borrow a copy of the li'^uor Ordinance. The move was so suspicious that it at once struck me there was mischief afoot, so I merely told tho messenger to say that there was no such Ordinance. If he had wanted any information on a matter of law he could liave come to consult mo in the usual manner. In the afternoon Jobson himself appeared, and preferred his request of tho morning in his most tiffable style, but without asking my advice. I therefore repeated my previotis statement, which, as I intended should be tho case, he simply did not believe.* Thinking it time to see what was going on, I called on the Postmaster, and asked him if lie had had any en(piiries for the "hquor Ordinance." "Oh, yes; Shuffle was in here looking througli all the Ordinances we've got, but ho couldn't find what he wanted." (Shuffle Avas the teetotal magistrate. His full name was Shufflebottom, but in Canada and America, as Sir Wilfrid Lawson puts it, men are not given to using long words when short expres- sions will answer the purpose. He kept a shoemaker's shop in tlie town, and on Sundays frequently acted as a local preacher at the chapel. Here he Avas wont to declare that a glass of whisky meant eternal damnation, and that the man who anmsed himself at the billiard-table was on the high road to perdition.) I afterwards heard that he had been down to the ^Manso on tho same errand, but with a like result, and it was clear that no copy of the law was to be found in tho place. But, as will be seen, such a trifle was no obstacle to a teetotaler on the war- trail. ♦ Tliat ttie reader may appreciate tho point, I must state that tlie pro- hibitory liquor law was to be found, not in an ordinance of the North-Wcst Council, but in a statute of tho Parliament of Canada. Local Magistratca wore .supplied with copies of the ordinances, but not of the statutes. 1) 12 Early next morning the whole mystery was explained. While I was at breakfast, liyan, who kept the billiard hall, came into my office in the custody of a stranj;e constable to tell mc that he had just Deen sentenced by Shuffle for having a keg of whisky in his possession without a permit from the Governor. lie seemed to think that I could help him out of his trouble, but it was too late, though, knowing what I did of the previous day's performances, I was anxious to ascertain how he could have been convicted at all. It appeared that he had had the keg sent up by rail, and had signed for the receipt of it in the ordinary way in the official book kept by the Station -Agent, who was another of the teetotal band. The mockery of a trial began in the magistrate's sliop, though when a customer came in under pretence of making some trilling purchase, to see what was going on, the justice coolly retired into a small backroom to avoid public curiosity, and thus turned what should have been an open court into an underhand and illegal in(iuiry, taking care at the same time not to Inform any other magistrate of the matter in hand. I asked Kjan what evidence there wa.-^ against hinj. He said that Shuffle showed him the railway book, and, pointing to his name, asked him if that was his signature, to which he replied " Yes," so that instead of being advised by this man not to commit liimself, he was positively invited to give evidence by which ho could be convicted. And it is, more- over, probable that the tf^ ^tal Station-Agent had no right whatever to divulge the business of the Company, nor to permit the book to go out of his office without a xithpaiia having been served upon the Company to that end. But toetotalism covers a multitude of sius. I then asked the policeman wliether the magistrate knew what the law was. "No,"' said he, "1 had to toll him that myself" "And what was the sentence ? " " A /iuc of 200 lUilhirs (40 guineas) (tnd costs, or si.v )ii(>)iths i)i)jirisi,nmnU in'tk Ininl labour." Such are the tender mercies of the prohibitionist. Even the law itself did not demand such a punishment, and would have been satisfied with the minimum penalty of HO dollars, and if this was not paid, the m.igistrate might commit the defendant for any period not exceeding fix months, Avith or without hard labour, but tlie length of such imprisonment was entirely in his discretion. The law was enacted in the early times, long before the teetotaler appeared on the scene, and such extreme punishment was intended for the grossest cases of wholesale supply of alcohol to the Indians by roaming fur-traders. The very fact of such wide discretion being allowed to justices was a proof that some amount of discrimination was needed, or otherwise justice would be a by-word and a fraud. Who but a vindictive fanatic would l.>e capable of supposing that six months' imprisonment with hard labour was a fit and proper sentence for the artificial crime of the possession of a couple of gallons of whisky ? None indeed but a teetotaler intoxicated, with the possession of power could be guilty of such a monstrous travesty of justice. The flagrant methods of the teetotaler in power are thrown into far greater relief when one comes to look at the behaviour of other ( 1 1 13 magistrates in carrying out the prohibitive law. In the Canadian Territories, besides the local justices, tlie superior oflicers of the Blount ed Police also acted in that capacity, particularly in tiie trial of lirpior cases. This, of course, was a rctiuinet iroiw early times when an oiTender would be caught red-handed in liis nefarious traffic far away on the prairies, with no settlement except a Hudson Bay Com- pany's Fort, whore a wliite man could be found within hundreds of miles, and it would be necessary to administer justice summarily. Doubtless many a philosophical radical who is ready to bow the knee to the teetotaler and support his Lii]uor Bills, Avould consider it the height of impropriety that a man should be arrested by a constable and then brought for trial before the officer under whose orders the constable was acting. "What possible chance v.ould there be of even- handed justice for the criminal '? The lapse from virtuous principles in the administration of the law would be shocking to such a man. J3ut the most beautiful theories have a knack of working out badly in practice, and being incapable of standing the wear and tear of every- day life ; and, as a fact, these officert; of police were invariably the most lenient in deali)]g with oftendcrs, and were delighted to stretch a point in the interpretation of the prohibitive law. The first whisky trial I ever saw took place before one of these gentlemen. There was a man at l^uffalo Hump who kept a shanty in the hot weather wliere he sold "soft drinks'' to the thirsty crowd. The police, however, discovered something there which did not come under that designa- tion, and gave information. A Colonel of Police took the case, and the man pleaded guilty, but said ho was obliged to do something or other to support his family. (He had only one arm.) The ofticcr said he was very sorry, he was obliged to fine him oO dollars, but ho would not saddle hnn with any costs, and there was an end of it. On another occasion, the whole place was thrown into a state of consternation upon hearing that a man who had been sent to prison in default of paying a fine, had turned informer in order to raise the money, and had laid charges against tlie principal men in the neigh- bourhood. The member for the Council, as well as his opponent wha had failed to be elected, and the local doctor and magistrate were all implicated in this business. The police were hard at work scouring the country round and serving ^^nlqiirnax on unwilling witnesses, and finally the hour came for the trial of the cases beforo an officer dressed in all the magnificence of a Colonel of Dragoons, and the informer was brought out to substantiate his charges. The trials did not take place in a corner, but in the public room of the hotel in the market street. The doctor's case was the; first taken, but of course he produced the necessary permit, for the possession of the licpior, and that was dismissed. Then came the agent of the member of Council, who it was alleged had treated the supporters of the latter to whisky on the day of election, liy the word ' agent,' 1 do not mean the official who is called in England an election agent, but the business manager of the member in the town, who was himself absent in another part of the constituency. The colonel held that the agent 14 wa.s simply actiii;^- as u servant of the ineinbci-, and had a perfect right to dispense iiospitahty lo his friends, becond case dismissed ! The next was nioreuhu-nnn,i; lo those concerned. At the tinio of the election, IIk; ^Yhisky liad been in the possession of a slorekoepor who was merely an active sapi)orier of the other candidate, and the latter lived at some distance iii the country. Tliero was no relationsliip as of master and servant. It was nothing more nor le.3S tlian a case of treating the snpportci's of the candidate when they hapjtnned to turn up, not for piirpuses of corruption, but by way of good-fel owship. The defendant, pleaded that he was merely acting on bohu. f o:.' his candidate, wlio had a permit for the liquor. The n;.agistrate shook his head, and said that it was the candidate's business to distribute his whisky himself ; he fartiior advised the stoj-ekeeper to be more careful in future, and then ho dismissed the case. It was distinctly stretching a point, for under the letter of the law a conviction might have been had, but rliu njagistrate Avns mei't ly a Superintendent of Police, and not a teetotaler devoid of the ordinary msiincts of humanity. To return to the latter bv way of contrast. When Shuttle was prevented by circumstances from imposing a ruinous thu\ he could shosv his malignity in other wa.ys. One morning I was sitting indoors enjoying a pirated edition of tlie latest English novel, Avhen I was startled by the sudden appearance of an old friend in a high state of excitement, who told mc that a man nanted Hopkins — a quiet, inoffensive sort of fellow* — had been arrested for havmg a bottle of whisky without a permit, and was just going to be tried for the offence. He added that the m;in had already been brought up at tlie hotel, and the trial adjourne to the Capital, but that after all, ShulHe and another magistrate (not a teetotaler) were gonig to take the case at the Public Hall. I represented to him that it was impossible for mc to go running about in these cases, unless I was sent for to take part in the business, but he was so persistent in beg^jing mc to come with bun, and so wanting in the display of his ordinary eharactcristics, which were those of the most cautious Yorkshireman, that I began to thiidc I might miss something worth seeing. My old friend had evidently taken quite as nnich as was good for him, and when we got to tlie hall, I found that most of the men present were pretty much in the same condition. Such a sight in a ' Court of Justice ' I never elsewhere witnessed — the only place where it would be possible would be on the stai^'o of one of Gilbert's operas, aiul even there it would be regarded as altogether too ludicrous for a satire. Shuffle was sitting at a small table iii front of the platform engrossed in the contemplation of some sheets of foolscap, and beside him Wiis Collins, the other magistrate, with a face as red as a turkey-cock's, and arrived at that condition where it was only safe for him to sit still and say nothing. The men who were scattered about the hall were all chatting and dialling each other in loud tones, and discussing the perfornumce in the most barefaced manner, while on the platform behind Shuffle (who appeared blind to his • 1 16 siiii-ou]iiiiii;^rs) was a yoiuig J^uglishmiin just ablo to staml, cupjaijcJ in the iiiii(|iu; occupation of solemnly waviu'^ ft etjmiaou bijom over the teetotaler, apparently to keep his head cool, after the style of a j)UnJc looked as if ho was being tiied for his life. Tiie constable stood in front of the table, and, having proved the possession of the whisky without a permit, the case for the prosecution was finished. Then a liotel-keeper stepped forw;iid and produced a permit, which had been is.-uod to Hoifkins some time previously, but whicli tlio witness had taken from him in the course of some dispute, and had Isept in his own possession. That of course was amply suflicient to cover the fullest rc'juirenients of the law, in the a,bscnce of proof that the liquor ni question had not been obiained un(hn' the particular permit, lor lap.se of time had nothing to do with the matter, and such prof was not forthcoming. Evei'ybody saw this, and the men loudly demanded the rehuise of the prisoner, but Shuffle still held his head down, and said never a word. 1 saw that the man would be condemned, and instantly offered to defend him, to which he agreed. Thereupon 1 told the Bench that 1 appeared for the prisoner, when, instead of waiting to hear what I had to say, Shurtk' turned to Hopkins and a^ked him if he wished me to defend him. The fellow was evidently scared, and said " No ! " Still there was silence, till the constable, eager to get his judgment (and half the fme), said to the other magistrate, "Now then, Jim, hurry up," whereupon the latter blurted out the u.sual formula, " Fifty dollars and costs,'' and not another word was said. Shuffle noted down the sentence, but toolc no other active part in the business, clearly wishing to fix the odium upon the other justice, who, to judge- by appearances, setaned to be somehow in the power of the constable. My advice was then taken as to the proper course to pursue, which was to appeal to the Higli Court, but for this it was necessary to give security for the penaltv and costs, and ShufSe refused to accept the security that was offered. The same evening, Hopkins, who had relied in vain upon the unassisted instincts of a teetotaler, was removed to the capital for a long term of iniprisonment — how long 1 forget, but doubtless the police records will show— deprived of his means of employment, and robbed of his liberty to satisfy the conceit of a petty tyrant under the pretence of the administration of an oppressive law. The meaning of the word liberty is utterly unknown to such men ; they are incapable of estimating the value of the possession which they will ruthlessly tear away from their victims, and it is notliing short of a political crime to attempt to entrust such men with even the faintest shadow of power. As I have already said, the people of Great Britain, from their own experience alone, can have no conception of the virulence of the teetotaler when he once begins to have the mastery. Directly they can be brought to realise this, there is not a party, no matter what its name or what its profession, which, if its leaders proposed to invest 16 him witli power in ;'.iiy sbu])o wlmtever, would bo allowed supremacy for a moment wlioii tlio voici of th'- people could be board. It \9 consich.rat'ons of the kind wliicb I iiav' endeavoured to indicate herein wliicli will ,L,'ive some faint idea of the moanirg of the words of a distin^Miished prelate of the ICnf^lisb Ohurcb, when lie said that he would rather sec Kn<,danu free than lOiigland sober. PRESS COMMENTS OK "AN OBJECT-LESSON IN PROHIBITION," By the same Author. [Vide yinett'intk Century, May 18'.)5.) The Guardian. Tlio Ninctcnth Century is uniilcasant reading for liquor prolubitionipta. Mr. Down gives us tlu' liistorv of an experimftiit tried in tiic Canadian Noriii- wcgt Territory for sonic t\vt.iity years previous to 1892 — the year wliich saw its complete abandonment. Morning- Post. Attention is drawn by lS\t. Down, in the Ninotci nth Century, to the system that formerly prevailed among tlie .settlors of North-west Canada as " An Object- Desson in I'rohibitiou." The subterfuges, dishonesty, and police tyranny that the conditions promoted were sudi that Englishmen may well hesitate before taking a step in this direction. Saturday Review. Mr. T. C. Dov>-n contribut(!s a conclusive demonstration of the futility and tyranny of prohibitive drink legislation in " An Objoct-Lcsson in I'rohibition," which records the utter collapse of a most stringent liquor law in the North- west Territories of (.'anada. The faahu'c of this experiment was signal. It caused the most scandalous demoralisation among the white population. . . . For ten years the Nortli-wost groaned under this legalised tyranny, with results that Mr. Down proves to have been exceedingly disastrous to the community. Religious Review of Reviews. To tlie Local Veto Bill we owe the contrilnUion of Mr. T. C. Down, who tells the story of the working of the prohibition law which was in force in tiie North-west Territories of Canada from 187H to l.s',)'2. Jlis conclusion is that such a law cannot fail to be inelfcctivc, its main result being a lowering of the moral tone of the community, who do not hesitate to evade it on every possible occasion. Christian World. Under the title of " An Object-Lesson in Prohibition," Mr. Down relates the results of total prohibition in tlie Canadirn Nortli-west Territories. , . . The results, according to the writer, were unlimited smuggliag, an immense amount of drunkenness, a cunteinpt for the law among all classes, the demoralisation of the police occupied in enforcing prohibition, and the final collapse of the system as soon as the districts in question were allowed a voice in the question. . , The business was finally disposed ol by a new licensing law which came into operation during the summer of 18'J2. 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