^HE FACTS OF THE CiSE : f I A SUMMARY OF THE MOST IMPORTAN.T EVIDENCE AND ARGUMENT PRESENTED IN THE REPORT OF THE Royal Commission On The Liquor Traffic. COMPILED UNDER THE DIRECTION OF THE DOMINION ALLIANCE i FortheTotalSuppression ofthe LiquorTraffic ♦ By F. S. SPENCE, Secretary. TORONTO : Newton & Treloar, 12 Johnson Street 1896. *^ With Compliments of The Dominion Alliance I m FACTS OF THE CASE : A SUMMARY OF THE MOST IMPORTANT EVIDENCK AND ARGUMENT PRESENTED IN THE " REPORT OF THE Royal Commission On The Liquor Traffic. COMPILED UNDER THE DIRECTION OF THE DOMINION ALLIANCE FOR THE TOTAL Suppression of the Liquor Traffic By f. s. spence, Secretary. '■'■:-';. ''"' ■^.. ' - ■••■■■■ - •' '>t . ,-:> TORONTO: ^ Newton & Treloar, 12 Johnson Street " ' ' f ■ i 4 , ■1 : ' //i/l.^-r/|: yi ij \ 530.5 sgh CORRECTIONS. it The reader is requested to make the following corrections : — Page 30, fifth line, instead of '* of" write '* for." *• " twenty-first line, instead of " for," write " from." Page 88, third line from foot of page, instead of " V'l," write V." Page 287, sixth line, instead of " a," write '* the." i ' 1 f. Contents, ^■. CONTENTS. Introduction Paee 4 PART J. The Effect of the Liqiior Traffic upon all Interests Affected by it in Canada. Chapter i Extent of the Liquor Traffic , 17 " 2 Related Business Interests 22 " 3 Revenue 26 " 4 Profit and Loss 28 " 5 Physical Effects of Intemperance 39 " 6 Idleness .-.nd Pauperism 58 " 7 Vice and Crime 66 ..^" 8 Responsibility of the Traffic 84 PART II. The Measures which have been Adopted to Lessen, . ^ Regulate, or Prohibit the Traffic. Chapter i The Total Abstinence Movement 87 " 2 Legislative Measures 89 _: ** 3 Dominion Legfislation qi *''; 4 License Laws of the Different Provinces 04 ■' " 5 Liquor Laws of the United States 103 *' 6 The Liquor Laws of Other Countries. m 4 The Facts of the Case. PART III. The Results of the Measures which have been Adopted to Lessen, Regulate, or Prohibit the Traffic. Chapter i Legislative Measures in Genera,! 117 " 2 The Company System 120 *• 3 Beer and Lig^ht Wines . . 133 " 4 High License 1 40 ♦• 5 The Canada Temperance Act 154 ♦• 6 Other Examples of Local Option 181 " 7 Prohibition in the North-West Territories .. . 194 '• 8 Results of Prohibition in the L^nited States 208 ♦* 9 The Working of the Maine Law 221 io Prohibition in Iowa 243 II Prohibition in Kansas 251 PART IV. The Effect that a Prohibitory Law would have upon Social Conditions, Agricultural, Business, Industrial, and Commercial Interests, and upon the Revev^ie Require- ments of Municipalities, Provinces and the Dominion, and also as to its Capability of Efficievit Enforcement. Chapter i Effect of Prohibition on Social Conditions 267 " 2 Effect of Prohibition on Agricultural Interests... 271 " 3 Effect of Prohibition on Commerce and Industry, 277 " 4 Prohibition and Revenue Requirements 283 5 Enforcement of Prohibition 288 t( PART V. i All Other Inform,ation Bearing on Prohibition. Chapter i The Findings of the Commission 293 2 Deliverances of Churches •. 298 3 The Plebiscite Figures 304 4 The Question of Compensation 310 5 The Work Done by the Commission 317 6 The Dominion Alliance 321 i( it ti t( Index 329 : ,:'l ,,.VV -'1 ■,' ' •') . i''< It', • \ , ?' , INTRODUCTION. LONG before the different colonies of British North America were united into the Dominion of Canada, those colonies were agitated over the liquor question. In most of them stringent license laws restricted the strong drink traffic. In some of them the electors had extensive local option power, by which they might limit or entirely prohibit the issue of liquor licenses. Early in the history of the Dominion many petitions for the enactment of a prohibitory law were presented to both houses of Parliament ; and the debates and proceedings from time to time show that legislators recognized the strength of this demand and the importance of the question therein raised. PARLIAMENTARY ACTION. .«>-.:» The following summary of the action of the House of Commons is taken almost entirely from the minority report of the Royal Commission. In the year 1873 the number of petitions praying for prohibition was very great. In the House of Commons that year, on motion of Sir John A, Macdonald, a committee was appointed to consider such petitions. The committee subsequently requested a grant of money, to be expended in analyzing liquors with a view to ascertaining the extent to which adulterations were practised. The grant was made. Later, the same committee presented a report, which was printed, containing a strong declaration in favor of total prohibition. : ^ ,, In 1874 many petitions were presented. The House of Commons again appointed a committee to consider the question. This committee reported, recommending that steps be taken to obtain information abo\it the working of prohibitory laws in the United States, The recommenda- tion was adopted by the House of Commons, and after the $ Thi* Facts of the Case. close of the session a royal commission was appointed, which made an investigation of the subject committed to it and presented a careful and comprehensive report. The agitation was kept up. In 1875 the number of petitions presented was very great. Mr. G. W. Ross moved tc> have the House of Commons resolve itself into a committee of the whole to consider a resolution in favor of the enactment of prohibition, as far as was within the competence of Parliament, as soon as public opinion would efficiently sustain such legislation. Dr. Schultz moved an amendment declaring that it was the duty of the Govern- ment to introduce a prohibitory measure at the earliest moment practicable Mr. Oliver moved in amendment to the amendment, that the House go into committee of the whole to consider means to diminish the evils of intem- perance. This amendment was adopted. In committee of the whole, Mr. Ross moved a resolution declaring that the most effective remedy for the evils of intemperance would be a law of total prohibition. An amendment was offered by Mr. Bowel), declaring it to be the duty of the Government to propose such a measure. The committee decided in favor of the motion offered by Mr. Ross, and reported the same to the House. No action seems to have been taken upon this report. The following year, on motion of Mr. Ross, the House adopted an address asking for the submission of cor- respondence relating to the questaoji of the jurisdiction of the Dominion Parliament, and the decisions of different courts in relation to the same. The return asked for was presented in 1877. The same session Dr. Schultz moved a resolution declaring it to be the duty of the Government to submit to Parliament a prohibitory law as soon as practicable. An amendment was offered by Mr. Ross, stating that whereas grave doubts existed in reference to the question of jurisdiction, and a case involving such question was before the courts, it would be inexpedient to express an opinion as to the duty of the Government in the matter. This amendment prevailed. In 1878 the petitioning continued. Requests were made for total prohibition, for the amendment of the ^> Introduction. '•"• f Dunkin Act, and for other legislative measures. In that year Parliament dealt with the question by the enactment of the Canada Temperance Act, which measure is frequently referred to in the present volume. It seems to have iK^en accepted by prohibitionists at the time, and steps were immediately taken to secure the adoption of it in many localities. Two Acts were passed in 1879 for the amendment of the Canada Temperance Act. , ' , In 1880 Mr. Boultbee carried through the House of Commons a bill to amend the Canada Temperance Act by providing that its adoption should require an affirmative vote of a majority of the electors on the voters' lists of the county or city affected. The measure, however, failed to pass the Senate, and did not become law. In the session of 1880-81 the House of Commons voted to close the bar for the sale of li(juors and to exclude from the House of Commons' refreshment room, all strangers not accompanied by members of the House. Mr. Boultbee again introduced his Scott Act amendment bill, which was again defeated. Many petitions were presented in 1882 against any weakening of the provisions of the Scott Act, and asking for the enactment of total prohibition. A return was laid before the House of the sales made under the Canada Tem- perance Act by authorized druggists and vendors. Similar returns were laid before the House in subsequent years. During the session of 1883 the House of Commons was officially informed of the judgment of the Privy Council in the case of Russell, and it was urged that the Doniiniou Parliament had exclusive control of legislation dealing with the liquor traffic. A bill providing for the issue of licenses and the regulation of the liquor traffic was introduced and passed. This measure was generally known as the McCarthy Act. It was subsequently declared ultra vires of the Dominion Parliament. In 1884 a measure was enacted amending the McCarthy Act. The McCarthy Act was referred to the Supreme Couit, and to the Judicial Committee of the Privy Council, for an expression of opinion as to its constitutionality. In (I The x^acts of the Case. the same year Mr. Geo. E. Foster moved the following resolution : — " That the object of good government is to promote the general welfare of the people by a careful encouragement and protection of whatever makes for the public good, and by equally careful discouragement and suppression of whatever tends to the public disadvantage. " That the traffic in alcoholic liquors as beverages is produc- tive of serious injury to the moral, social and industrial welfare of the people of Canada. " That despite all preceding legislation, the evils of intemper- ance remain so vast in magnitude, so wide in extent, and so des- tructive in effect, as to constitute a social peril and a national menace. ** That this House is of the opinion, for the reasons hereinbefore set forth, that the right and most effectual legislative remedy for these evils is to be found in the enactment and enforcement of a law prohibiting the importation, manufacture and sale of intoxi- cating liquors for beverage purposes." Mr. Thomas White moved to amend the resolution by the addition of the following words : — *' And this House is prepared, so soon as public opinion will sufficiently sustain stringent measures, to promote such legislation, so far as the same is within the competency of the Parliament of Canada." This amendment was accepted by the House. Mr. Thos. Robertson moved in amendment to the amendment that the following words be added : — " And that this House is of the opinion that the public sentiment of the people of Canada calls for legislation to that end." The amendment to. the amendment was defeated by a vote of 107 to 55. The amended resolution was adopted by a vote of 122 to 40. . ' In the year 1885 an Act was passed suspending such portions of the McCarthy Act as had been declared uncon- stitutional by the Supreme Court, pending an appeal to the Privy Council. Many returns relating to the Canada Temperance Act were laid before the House. Many petitions relating to the temperance question were received. A number of bills proposing to amend the Canada Tem- perance Act were introduced, but not passed. One of the most important of these was the bill agreed to by the Introduction. " '> - -'A ( * ' ' ■ , 4 representatives of the Dominion Alliance and introduced by Mr. Jamieson. It passed the House of Commons, but was returned from the Senate with an amendment exempting beer and wine from the operation of the Scott Act. The House of Commons refused to assent to this amendment, and the bill did not become law. A motion was submitted by Mr. Kranz, declaring that when a pro- hibitory law would be enacted, provision should be made for the compensation of brewers, distillers and maltsters. An amendment was oflfered by Mr. Fisher declaring that the time when Parliament proceeded to discuss the details of a prohibitory law would be the occasion to discuss the question of compensation. The amendment was adopted by a vote of 105 to 74 Mr. Beatty introduced a bill providing for the severe punishment of excessive drunkards, and another bill aimed against the traffic in spirituous liquors, but favouring the traffic in beer and wine. Neither of these measures passed the House. A resolution in favor of total prohibition was introduced in the House of Commons by Mr. Jamieson in the session of 1887. Many amendments offered relating to the Canada Temperance Act were defeated. An amendment was submitted by Mr. Sproule declaring in favor of com- pensation. An amendment to this amendment, moved by Mr. Fisher, similar to that submitted by him in 1885, was adopted. The amended resolution was defeated, the vote upon it being 70 for, 112 against. In 1888 Mr. Jamieson again introduced a resolution in favor of total prohibition. It was not voted upon. Bills, introduced by Mr. Jamieson and Mr. McCarthy, for the amendment of the Canada Temperance Act, were passed. Mr. Jamieson, in 1889, again introduced a resolution declaring it to be the duty of parliament to enact a pro- hibitory law. An amendment was proposed by Mr. J. F. Wood, making an additional statement that such prohibi- tion should be enacted when public sentiment was ripe for the reception and enforcement of such a measure. This was adopted by a vote of 99 to 59. An amendment offered by Mr. Taylor in favor of a plebiscite and compensation was defeated, as was also an amendment by Mr. Mills in favor of a plebiscite. An amendment^ offered by Mr. 10 The Facts of the Case. Moncrieff, favoring the exemption of beer and wine from the operation of the Canada Temperance Act, was ruled out of order. Mr. Jamieson's resolution was adopted with- out a division. During the session of 1891, Mr. Jamieson introduced a resolution declaring that the time had come for the en- actment of a prohibitory law. Mr. Mackintosh submitted an amendment favoring the appointment of a select com- mittee to enquire into the whole question. An amend- ment to the amendment, moved by Mr. Taylor, declaring that a vote of the electors should be taken before legisla- tion, was defeated. Another amendment to the amend- ment was moved by Hon. Mr. Foster, declaring in favor of the appointment of a royal commission to obtain, for par- liament, information relating to the subjects of the liquor traffic and prohibition. Mr. Foster's amendment was carried. THE ROYAL COMMISSION. > This decision was made by the House of Commons on June 24th, 1891. The commission providing for the carry- ing out of it, was issued on March 14th, 1892, and was in the following terms : — ' STANLEY OF PRESTON, CANADA. [L.S.1 _^ Victoria, by the Grace of God, of the United Kingdom of Great Britain and Ireland, Queen, Defender of the Faith, &c., 356 00 Total $15,030,064 00 There has to be added to the entered price of the imported liquors the freight across the Atlantic, insurance and charges. These would probably amount to $165,000. Of the additions made to the quantities manufactured and im- ported, before the different descriptions of liquors are disposed of by retail, it is, of course, impracticable to obtain any account. Taking an average of the quantities of wine, spirits and malt liquors entered for consumption in the five years ending 1893, but excluding cider and native wines, and taking an average of the retail prices, the calculation shows the sum of $39)879,854, to be paid for liquor by the consumers. As more than one-half of this amount is paid for spirits to which, it is well understood, a large addition of water is made before they are vended to the public, the total amount paid is probably considerably in excess of the sum just mentioned. Extensive tables are given showing the per capita con- sumption of liquor in the different provinces and in the Dominion as a whole. The most important parts of these tables are the following : — .'■• .-.U's -'■.'■■■* } '. '■' I'l,:'- "j; . »r: >-■;' i3' »* T;.!,'';,*><>; ;■;.;,.■ r 1 ■..■■!■' V'Jj' ■" ' ' '; '.,'■-■ ■ ..•''■''ia>.^--- •' il-. '■■'"'' \J.' ' '' ■ , . ■ •.',,, .J •■, .,, Extent of the Liquor Traffic. THE DOMINION. 19 YEAR. 1871 1872 ■ 873 '874 1875 Average 5 yrs. 1876 1877 1878 1879 1880 Averag-e 5 yrs. - " 10 " 1881 1882 1883 1884 1885 Spirits. Total Consump tion. Galls. 4,600,233 5,129,207 5,107,934 6,124,416 4.389.94' 5,070,346 Average 5 yrs, 1886 3,384,117 1887 1888 1889 1890 4,692,973 3,864,252 3,834,502 4.569.377 2,926,999 3,977,620 4.523.983 Per Head. Galls. I 246 I 368 1341 1-582 I 116 I 33' I 174 ■952 •929 I 090 •687 4.015.597 4.445.1 16 4,892,862 4,568,954 5,238,904 4,632,286 Average 5 yrs. 1891 1892 1893 Average 3 yrs. 3.613.363 3,201,445 3,929,378 4.558.043 3.737.269 •964 I ■ 140 •928 I 016 I • 106 I 021 1. 158 Beer. Total Consump tion. Galls. 7,302,094 8,269,175 9,586,495 9.39 '.9 '9 [0,044,161 8,918,769 9,639,424 9,080,494 8,658,346 8,922,255 9,204,499 9,101,003 9,009,886 Per Head. Total Cons'mp tion. Galls 1 979 2 '206 25'7 2-427 2 554 2-34' 2-4'3 2 237 2099 2' 129 2- 16 2 206 2 271 I 046 •740 -781 •684 •83 ■953 4.184,777 3.558. 1 17 3.374.413 3,641,963 3,524,831 799 •919 ■737 •690 •736 10,032,467 12,098,656 12,935.424 13.379.677 12,310,448 '2,151.334 13.513.207 '4.985.'9' 16,118,340 16,556,726 17.436,739 15,722,040 720 13.936,687 18,304,361 17.185,747 17,283,864 2-319 2 766 2-924 2992 2-722 Wine. Galls. 599.74' 780,604 730,890 885,470 559.47' 7 ".235 676,429 300,611 372.772 412,260 307,880 43 '.990 57'.6i2 Per Head. Galls. 162 208 191 229 142 2 747 2 955 3241 3 448 3 502 3-648 3 362 3 063 17.594.657 3 '787 3"5'6 3 495 3598 449.693 550.059 611,155 534. '4' 508,481 530,705 487.39' 451.368 468,646 499. '95 545.856 490,491 510,598 538,386 496,027 478,666 504.359 186 • 169 096 090 •098 072 104 144 - 104 •125 •'38 •119 • 112 119 • 106 ■097 - 100 •105 •114 104 112 • 112 • 101 097 .103 20 The Facts of the Case. Number of Gallons Consumed per Head by Provinces. 1 1. Nova Scotia. New Brunswick. Spirits Beer. Wine. Spirits Beer. Wine. For 5 years ending '«75 •814 1-069 -1 1 1 1-250 -711 •'37 tt g ti i88o •567 -814 -056 •791 -622 •058 " 5 ♦• 1885 •563 -809 •060 •849 •666 •052 tt ^ tt 1890 •495 1-041 -047 -639 1*032 •041 tt 3 it ««93 1875 1880 •434 1-321 •042 •581 1-076 •037 P. E. ISLA ND. Quebec. 1. • , .■;, ■■''. For 5 years ending it r << <• tt - ti ti it - it it .. ^ it •546 •598 •919 •688 -051 -042 I '439 >*o45 2-252 I -810 •387 1885 1890 1893 1875 •435 •273 •017 1-262 1-960 '270 •3 '9 •4'5 -012 1-048 2-605 •241 •257 •361 •013 *925 2-705 •234 Ontario. Manitoba. For t; years ending 1-510 3-228 •079 -822 *535 •154 .. 5 it 1880 1-078 3-217 •031 •640 1-490 •064 tt 5 it 1885 1-085 4.223 •031 1*363 4'i43 •119 tt 5 it 1890 •747 4.984 -025 -879 3-426 -077 it 3 tt 1893 1875 -665 5.264 -027 •905 3-436 -063 British Col UMBIA. For 5 years ending 1-214 1-839 •398 it - it it 1880 1-366 3*409 -424 *- tt 5 it 1885 i'359 3-825 -716 a - <( (i 1890 1-369 5*409 •518 t. 3 it 1893 1-480 7*145 •466 The population for 1871, 1881, and 1891 is taken from the census returns ; for all other years it is estimated. Native wines ape not included. There are practically no figures for the North-West Territories. During the years named the Territories were nominally under prohibition. Liquor was imported under permits issued by the Lieutenant Governor. It was not entered for customs or excise duty in the Territories. It was entered for consumption and duty paid upon it in other parts of the D.uninion. Most of it is included in the amount charged to Manitoba. CONSUMPTION OF ALCOHOL. Calculations were made of the amount of alcohol con- sumed in the different kinds of liquor mentioned and the result is stated in the following terms : — Extent of the Liquor Traffic. ai The fiffures indicate that there has been a reduction in the con- Humption of spirits and of imported wines, and a larjfe increase in the consumption of beer. About the year i860 lag-er beer bejfan to be made on a moderate scale, but it was not until 1876 that it reached any considerable proportions. The quantity has since then continued to steadily mcrease, until in 1893 it reached 5,360,652 g'allons, or about 32 per cent, of all the malt liquor made. Reducing' the whole quantities consumrd to the basis of alcohol, as set forth in the following table, the figures show a considerable reduction in the average consumption of the ten years ended 1890 from the average consumption of the ten years ended 1880, and a reduction in the consumption in the five years ended 1890 from the average consumption in the five years ended 1885. The ratio of alcohol adopted as the basis of calculation is not an absolutely exact quantity, but it is considered by those having long experience of the business to be a reasonable estimate. In- asmuch as the basis is the same in all the periods, it should not materially affect the comparison of one with another. Statement showing the estimated yearly per capita con- sumption of alcohol i7i gallons in the Dominion and in the several pro irincea thereof during the undermentioned peHods. ■ • • 1 "O f^ . • ^ •0 c a «! u y U 'A Xi j=-2 c c Si 3 New nswi Iritis lumb ended 1890 Q •666 738 a •330 5 •432 If- w U loyrs •764 •212 774 I -088 5 " " 1890 •622 •677 •728 •319 •390 •187 •660 1-113 3 " " 1893 •597 •654 •672 •305 •362 •153 •671 1-262 The report does not show the calculations by which the commisbioners arrived at the amount stated as beinj; the price paid by consumers for the different kinds of liquor mentioned. It will be noticed that it is a little over 250 per cent, of what is estimated as the wholesale price. The important features of the foregoing calculations may be summed up as follows : — Liquor consumed annually 21,676,749 gallons. Direct cost to the consumers $39,879,854;^ (2) ■v; -i,- 22 The Facta of the Case, CHAPTER II. RELATED BUSINESS INTERESTS. Much attention is given, in the majority report, to statistics showing the amount of mtliney invested in the different branches of the liquor business, and expended in different ways which may be said to have some relation thereto. The figures used are, in many cases, those com- piled by the representative of the liquor interests, many of whose calculations are simply transferred from his evidence to the body of the commissioners' report. Other state- ments are taken from the census returns, and from calcu- lations specially made for the Commission. OUTPUT OP LIQUOR MANUFACTORIES. The value of the output of Canadian distilleries and breweries and the cost- of the materials used by these establishments, in which of course the value of spirits is taken without any addition being made for the duty collect- able thereon, is given as follows : — Taking malt liquors at an averag'e of 30 cents per g-allon, and spirits at an averag'e of 60 cents per gallon, and the average quantities manufactured in the five years i88g to 1893, and esti- mating the value of animals fed and sold, and the refuse products sold, as being about $800,000, the total output per annum would represent : — Gallons. V'alue. Whiskey . . 4,538,000 @ 6oc. $2,722,800 Beer and Ale 17,150,000 @ 30c. 5,145,000 Cattle fed and sold and grains and slop sold 800,000 $6,667,800 MATERIALS USED. The principal materials used in the manufacture of liquors are the product of the farm. They consist ;)f Indian corn, barley, rye, wheat, oats, buckwheat, hops, apple and pear pomace, g'rape pomace, and ground grapes to a limited extent. A carefully pre- pared estimate of the value of these raw materials based in nearly Relnted Business Interests. 23 every instance upon the average quantities used as nearly as they could be ascertained, in the five years ended 1893, shows that they yielded to the producers about $1,888,765 per annum, to which has to be added the amount paid to farmers for cattle for feeding- and for hay used in feeding them, probably $434,000, and a fur- ther amount paid for provender for horses employed in doing cart- age, etc., of say $60,000, making a total of $2,382,765. It will be noticed that in these calculations the commif- sioners reckoned the full value of the cattle fed in connec- tion with distilleries, as part of the output of these distil- leries, and put the value of these cattle when first purchased into the cost of the raw material used. Continuing, the report says : — Deducting from the preceding total, $2,382,765, the value of Indian corn, hops and malt imported, the remainder would repre- sent the sum of $1,596,343, which is a reasonable estimate of the interest of the agricultural classes of the Dominion in the materials made use of annually in, and in connection with, the manufacture of spirituous and malt liquors in Canada. manufacturers' outlay. Taking this estimate of raw material used, taking the census figures for wages paid in breweries and distilleries and malt houses, with an addition of $30,00Q " for the wages of those employed in the making of barrels, etc. outside these establishments," making an estimate for the amount of fuel consumed, and taking Mr. Kribs' figures for all the other items in their calculation, the commission- ers present the following statement and observations : — Accepting the preceding figures as approximately correct, we reach this result. There is paid by brewers and distillers annually : — For raw material, the product of the farm, $2,382,765 For wages 1,1 94,046 For fuel 1 70,000 For transportation 450,000 For casks, bottles, cases, etc 206,455 For capsules, corks, etc 76,186 For printing, advei iising, show cards, etc. 79.897 For repa.' , blacksmith's work, etc. ..... 47>oo5 For insurance 151,685 For gas, taxes, water supply, etc 123,118 ■ '' For ice... 36,757 For sundries 121,992 $5,039,906 24 The Facta of the Case. Of this sum of $5,039,906, it is estimated that there is paid about $1,038,671 for imported materials, leaving $4,001,235 as the sum paid for Canadian products, wages, etc. The undersigned desire to repeat that many of these figures are estimated. Every care has been taken in their preparation and they are believed to convey a reasonably accurate idea of the extent of the various interests to which they refer. ' CAPITAL INVESTED. The amount of capital invested in brewing and distilling establishments is given by the census returns of 1891 as follows : — ■ . . . Distilleries : — Nova Scotia $ 190,000 Ontario 6,864,000 $7,054,000 Breweries : — British Columbia $ 236,380 Manitoba 277,300 New Brunswick 1 14,000 Nova Scotia 5691557 Ontario 5»305.8o5 Prince Edward Island 1 2,000 Quebec 1,796,411 8.311.453 Malt-houses t — , Ontario $ 220,000 Quebec 3,500 223,500 $15,588,953 TOTAL INVESTMENT AND OUTLAY. After setting out these facts the commissioners present a table summing up much of what has been above detailed. Mr. Kribs' statements are again largely used. His estimate of the value of licensed property is greatly reduced, but his figures for the value of the stock, plant and fixtures used by retailers, and for wages paid by them, are taken in full. These figures estimate an average of five persons as employed in each licensed place. The table thus construc- ted and some added notes, are as follows : — . „ ; It may be as well to recapitulate the various items which have been referred to : — Belated Business interests. 2o Capital invested in breweries, distilleries and malt- houses $15,588,953 Value of real estate occupied by vendors of liquors, estimated by the trade to be $70,000,000, but which is probably nearer 38,000,000 There are in addition, fixtures, etc., estimated by the trade at what seems an excessive valuation, viz., 21,000,000 There is an extensive stock of liquor always on hand in distilleries and elsewhere, and credit to a large extent has to be given to the retail vendor. These conditions probably lead to the employment of a large amount additional, temporarily obtained from bankers, of which no estimate has been attempted. The brewers and distillers disburse, in wages and for materials required, payment of municipal taxes, etc., etc., a sum estimated at 5,039,906 There is paid for imported liquors, including ocean freights, etc 1,901 ,897 For Federal excise and customs duties, licenses, etc... 7,101,557 For licenses, etc., Provincial and Municipal i>353»465 For wages of those engaged in the retail and wiiole- sale trade, a sum estimated at 10,500,000 The last estimate is probably in excess of the actual expen- diture. There are in addition, the domestic cider and wine trade, the soda water, cooperage and cork industries, heretofore referred to, which are not taken into account in the foregoing figures. CANADIAN WINE AND CIDER. The report also calls attention to the Canadian cider and native wine industries, the statistics of which are not inclu- ded in the figlfres already given. The census presents the following statements regarding them. The first column of figures relates to the business of making cider and the second to the making of native wines : — Capital invested $136,795 $396,475 Wages paid 47. 129 37.955 Value of products 186,835 249,489 Number of industries 175 41 Number of employees 321 150 2p The Facts of the Ca^e, CHAPTER III. REVENUE. In presenting their estimate of public revenue derived from the liquor traffic the commissioners take into consider- ation all customs and excise duties imposed on liquors, and upon materials used by liquor manufacturers, together with all money derived from the issue of licenses. They have not deducted from the receipts the outlay incurred in the collection of this revenue. Their figures are here given in full. The revenue of the Dominion Government is : — Yearly average. for five years, 1889-1893. From Customs duties on imported liquors .... $2,241,784 00 " " " malt 6,22400 '* " *' hops 44,80300 " " " coal 23,880 00* " " " corn 72,168 30 " " miscellaneous articles, 10,000 00* excise on malt liquors 35634 00 " malt 691,954 00 " spirits 3»990» 169 92 brewers', distillers' and maltsters' licenses 16,040 00 compounders' licenses 900 00 I 2 3 4 5 6 7 8 9 10 II Total $7,101,557 22 The revenue derived by the provincial governments and munici- palities for the year 1890-91 was as under. This yeai ;s taken, as the returns for it are more complete than they are for any other. Many municipalities have not made any returns : — * Estimated, Revenue. 27 No. of Licenses 1891. Provincial Revenue. Municipal Revenue. Total. Nova Scotia 108 172 2,453 4,256 156 109 400 $ $17,659 00 21,980 00 600 00 21,964 00 294,968 00 18,507 00 7,675 00 45' 754 00 $ 17,659 00 21,980 00 600 00 574,282 00 603,168 00 46,057 00 28,465 00 61,254 0° New Brunswick Prince Edward Island Quebec Ontario Manitoba 552,318 00 308,200 00 27,550 00 20,790 00 15,500 00 N.-W. Territories . . . British Columbia .... Totals 7,654 924,358 00 429,107 00 T' 353,465 00 In Quebec, nothing- is included for the city of Quebec and many other places have not made any returns. Several municipalities in British Columbia have not made returns. The figures for the North- West Territories are those for 1892. Licenses only beg-an to be issued May ist, 1892. In the foreg-oing- figures $47,280 is included for fines. In Onta- rio $77,130 is deducted from the gross receipts for salaries, expen- ses and commissions. The gross receipts were therefore $680,298 instead of $603,168. In Ontario the licenses on the preceding return include transfers, removals and extensions. Excluding the two first mentioned classes the licenses represent one to about every 583 of the popu- lation. In Quebec the transfers are endorsed on the licenses. The total number of the licenses is equal to one license to every 607 of the population. In British Columbia the 400 licenses shewn on the return are equal to one to every 245 of the population. In the Province of Quebec in 1891 the amount which the munici- palities might charge in addition to the Provincial Government fees was limited to a sum of $50. This materially reduced the amounts collected by the municipalities, as, for instance, the city of Sherbrooke, which, in 1890, collected $9,100; in 1891 only col- lected $1,300. The law was again changed in the session of 1892. The municipal councils were authorized to add in cities any amount not exceeding $200, and in other places not exceeding $50. It is probable that correct returns would show that the Provincial and Municipal Governments collect $1,500,000 from the liquor traffic. n ■•*;, jS'.i )..(»»>,. ly«».-»t 28 The Facts of the Case. CHAPTER IV. PROFIT AND LOSS. As has been shown the majority Commission Report sets out the direct cost of liquor in Canada to the consumers. No attempt is made to present any estimate of the outlay caused by the liquor traffic and its results. There is an evident effort to minify the extent of such expenditure. This is strikingly manifest in such paragraphs as the fol- lowing, taken from pages 70 and 71. The expenses of the penitentiaries are borne by the Dominion, but the population of these institutions consists of those who have been guilty of the more serious class of crimes, and it is probable that only a comparatively small proportion of the offences for which they are incarcerated are to be attributed to intemperance. The evidence taken by the Commission goes to show that those who are convicted for the graver crimes are not generally persons of intemperate habits. If we take the expenditure of cities and towns, it is probably true that if drunkenness could be entirely put an end to, a reduc- tion would be possible in the police expenditure. In the country districts a complete cessation of the traffic would probably have no appreciable effect on the charges for police services. The recorders' and police courts throughout the country could not be wholly discontinued if there was no liquor traffic, and it is doubtful if the expenditure in connection with them could even be appre- ciably reduced. A very large number of the cases which come before these courts arise out of municipal laws, which have no connection whatever with the liquor traffic. There are a considerable number of persons committed for drunkenness to the various jails in the provinces, and probably some portion of the vagrants, of whom there is always a large number in the jails, get there through intemperance. There are also other cases which may be classed as resulting from over- indulgence in intoxicants. To the extent by which the number of the population of the jails could be reduced, the expenditure for food and lodging would probably be reduced. There are cases where the prisoners who are made to work earn something Profit and Lost*. 2ft towards their maintenance. It is certain that the jails could not be discontinued. The lower g-rades of the staff could, probably, if there was a considerable diminution in the numberof the prisoners, be reduced. As reg'ards the expenditure in connection with the insane asylums of the country, it is probably only very slightly increased from cases arising out of the liquor traffic. There is, of course, a large expenditure incurred on reforma- tories, but, again, it is next to impossible to form any idea of the proportion of that expenditure which is chargeable to intem- perance. It is almost unnecessary to say that economies in the direction indicated could only be effected if drunkenness were either extin- guished or materially reduced. Hitherto the prohibition system can hardly be credited with having accomplished either of these results. ." This omission on the part of the commissioners is unfor- tunate, inasmuch as it takes from the value of the report in regard to the information presented, and from its value as an impartial finding. The minority report, however, deals with this important question fully. The estimates therein given are carefully made, and the results are pro- bably as accurate as any that could be obtained. The remainder of this chapter is taken in full from that report. DIRECT COST OF THE LIQUOR TRAFFIC. The Commission has made an estimate based on the average annual consumption for the five years ended 1893. Excluding cider and native wines, and taking an average of the retail prices, the calculation shows that the sum of $39,879,854 is paid annually by the consumers of liquors in Canada. The Commission adds that " as more than one- half of this amount is paid for spirits, to which, it is well understood, a large addition of water is made before they are vended to the public, the total amount is probably con- siderably in excess of the sum mentioned." In the calcu- lations which follow, the estimate $39,879,854. is used. ' The money thus paid may be fairly said to represent so much diminution of wealth, as the liquor when consumed, leaves the community in no way advantaged. When money is paid for clothing, food, or other commodities, the pur- chaser is supposed to have value for his outlay. Both buyer and seller, respectively, possess wealth formerly held 30 The Facts of the Case. by the otlier, usually slightly increased by the exchange. The liquor seller possesses the wealth formerly held by his customer, but the customer-consumer has nothing. The community is poorer at least to the extent of the money spent for the liquor. The annual expenditure of liquor, therefore, may be regarded as so much direct loss to the country. The amount of grain used in the manufacture of this liquor also represents material destroyed. Part of it was Canadian grain which, had it not been used in liquor-mak- ing, would have been available for export or other use. Part of it was imported grain for which the money had to go out of the country. All the grain destroyed in the liquor manufacture has a right to a place in the calculation of loss. The Commission's estimate of the value of the materials used is $1,189,765, of which $293,423 is paid for imported articles. The forgoing figures show only the direct loss in the purchasing transaction — the money paid by the purchasers of liquors for which they have no equivalent ; and the value of the grains, etc., diverted for useful purposes. INDIRECT COST. There are, besides, other and greater losses caused by the liquor traffic, which are not so easy to put into figures. Few question the existence of these losses, but their extent is not generally realized. The facts are ascertained by estimates. The estimates vary ; but all who have made a study of the subject agree that the burdens borne by the people on account of the liquor traffic are very great. The facts set out in this report make clear that much disease, insanity, idiocy and other things which go to increase the dependent classes is due to the liquor habit, and that a very large proportion of the pauperism and crime of the country is attributable directly or indirectly to the liquor traffic. The cost, therefore, of the support of hospitals, insane asylums, police, jails, penitentiaries and the courts, to say nothing of the large sums spent in vol- untary charities, is rightly chargeable, in considerable part, to the liquor traffic. '•, jj ; Profit and Loss, ftl Of course, nothing more than conjecture is possible atkiut the large sums disbursed in voluntary charities for the help and support of the victims, direct and remote, of the drink habit. COST OP PRISONS, ETC. Great difficulty has been experienced by the Commission in getting information about the expenditure by the muni- cipalities, the provinces and the Dominion on account of the institutions named above. So far as facts about such expenditure have been ascertained, they show appropria- tions in 1891, from the public funds for penitentiaries, jails, insane asylums, reformatories, almshouses and chari- table institutions amounting to $2,258,612. The figures, however, are very incomplete. Only three provinces (Ontario, Quebec and Prince Edward Island) make anything like full or accurate returns. The other provinces seem to be without any reliable records of many things about which information was desired, many of the counties making no returns whatever. Then, the above figures do not include, for any of the provinces, the cost of the administration of justice, the police expenditure and, possibly, other important items. It is, therefore, not well to use them as the basis of an estimate of the liquor trafiic's share of the responsibility for these expenditures. The Province of Ontario furnishes the fullest returns. A result as nearly accurate as it is possible to get, and sufficiently so for the purpose of this report, may be reached by assuming that the whole country's expenditure for the purposes indicated is proportionate to that of Ontario. Proceeding on this plan the following facts are ascer- tained. The public accounts of Ontario for 1894, and the latest accounts of counties, townships, cities, towns and villages, show that the annual expenditure in the province for the administration of justice was $1,412,294. The net cost to the province of the Central Prison and two reformatories was $116,025. ■ The Asylum for the Insane cost the province, above receipts, $490,326. .; ,, ..,. , .. 92 The Facts of the Case. The amount paid by the Provincial Government, in 1894, for hospitals and charities, and the expenditure of the counties, cities, towns and vina<;es for the support of the poor and other charities, aggregated $471,219. The outlay during the year for repairs and improvements to the prisons and asylums of the province amounted to $335,000, which might properly be considered with the foregoing expenditures. There might also be added the annual interest on the cost (over $5,000,000) of the prisons, jails, court houses, asylums, etc. The last two items are, however, omitted. ' The other items set out above amount to $2,489,864. Large as the sum is, it does not include all, for it appears that in many cases no returns are made of the police expenses, nor of the cost of pauperism. The amount, thereiore, may be regarded as being well within the actual outlay in Ontario, in one year, for the purposes named. According to the census of 1891 the population of Ontario is 2,114,321, and the population of the Dominion 4,833,239. If the other provinces of the Dominion expend, for like purposes, in the same ratio, according to their population, then the amount so expended annually in all the provinces, Ontario included, is $5,691,712. In addition to the above there is to be considered the cost of the maintenance of the penitentiaries of the Dominion. According to the Statistical Year Book of 1893 their net cost for the year was $336,483. Adding these sums it is seen that the annual cost to the country of the institutions named, is $6,028,195. This enormous annual expenditure, is not, of course, entirely on account of crime. The courts deal with many cases not at all related to crime, and of the crime with which they deal, some of it is, probably, not closely related to the liquor traffic, and some of it not at all. The hospitals, asylums and almshouses have inmates whose unfortunate condition is not due to the drink habit, either of themselves or others. Profit and Loss. 33 It will, however, not be an extravoigant estimate to say that, at least one-half this expenditure is fairly chargeable to the liquor habit and the liquor traffic. On this basis, then, the liquor traffic entails upon the country for peniten- tiaries, gaols, asylums, reformatories, almshouses and like institutions, and for the administration of justice, an annual expenditure of $3,014,097. LOSS OF LABOR. In considering the loss of labor and the general interfer- ence with industries caused by the liquor traffic, the diffi- culty of even approximate accuracy is admittedly very great. Sufficient attention, however, has been given the subject to enable your commissioner to present an estimate. The conclusions reached are well within the limits warrant- ed by the facts. It was suggested to the Commission, at the outset of the inquiry, that a series of questions relating especially to this phase of the subject be sent to employers of labor, with a view to eliciting valuable information. The majority of the Commission declined to endorse this proposal and the questions were not sent. As opportunity offi^red, however, employers who came before the Commission were questioned as to the loss of time by employees, and the loss to their business by the drinking habits of their men. The general testimony was to the effect that much time is lost by drinking employees, and that work is frequently interfered with, sometimes seriously, by the absence or incapacity of drinking men. The majority of employers expressed a decided preference for abstainers ; they would not keep excessive drinkers in their employ, and the major- ity regard even moderate drinkers with suspicion. Many were asked about the effect of saloons in the vicinity of their factories, and nearly all were pronounced in their objection to them as furnishing a temptation detrimental both to their employees and their business. Fuller reference to this, with quotations from the evi- dence heard, is made further on in this report. 34 The Facta of the Case.. The loss to the country is, of course, not at all represented by the mere loss of time by men who are regularly employed. The country loses because of the prevention of the pro- duction of wealth on account of the persons in jails, in hospitals, in asylums, out of employment or in any way idle, when intemperance has caused such idleness. It is also worthy of note, having been stated to the Commission by a number of witnesses, that the working of a gang of men in a factory, or any set of persons who work to a certain extent dependent upon each other, is much inter- fered with by the absence of one or more. This is more and more the case as industrial development progresses, as machinery is being used and work more and more subdivided. In a highly organized manufacturing industry, any interference by absence or incapacity, with one part of the work, affects the operation of the whole. So, not only those who drink lose time and possible earnings, but their fellow employees who do not drink are also losers, and the industry which employs them suffers interference and loss. There is also the depreciation of wage-earning capacity, of which it is perhaps, not possible to make an estimate. The report of an English parliamentary committee says : — The loss of productive labor in every department of occupation, is to the extent of at least one day in six throug-hout the king-dom (as testified by witnesses eng'ag'ed in various manufacturing" operations), by which the wealth of the country, created, as it is, chiefly by labor, is retarded or suppressed to the extent of one million of every six that is produced, to say nothing- of the con- stant derang^ement, imperfection, and destruction in every agfri- cultural and manufacturing- process, occasioned by the intemper- ance and consequent unskilfulness, inattention, and neglect of. those affected by intoxication, and producing g-reat injury in our domestic and foreig-n trade. , Canada, probably, suffers less. The people are more sober. Hon. G. W. Ross and Hon. George E. Foster have estimated that one-tenth the producing power of this country is destroyed by intemperance. These gentlemen had given much and careful attention to the subject, and were not disposed to make unwarranted statements. The facts gathered in this inquiry seem, in the judgment of your commissioner, to fully justify their estimate. Profit and Loan. 35 Lest, however, one tenth might l)e regarded as an exces- sive estimate, your commissioner bases the calculations which follow on a still lower estimate — say eight per cent, or less than one-twelfth. When all the ways with which drink interferes with the regular work, not only of those who drink, but of others also, are considered, it must be conceded that the estimate is quite within the mark. The following figures are taken from the census returns. Bulletin No. 10 sets out that in 1891 there were 75,768 manufacturing industries in the country, that they employed 367,865 persons, and that the value of their out- put was $475,445,705. Deducting from the value of the output the cost of the raw material, the power used, etc. — $255,983,219, and the wages paid— $99,762,441 (an average of $271.00 per employee), there remains the sum of $119,700,045 as the net value of the product of the industries — an average of $325 worth produced by each employee. This amount ($119,700,045) is capital's share of the product of the industries, as the wages paid ($99,762,441) is the employees' share of the product. The proportion of the population engaged in various employments is slightly over one-third (see Census Bulletin No. 18), or more than 1,600,000. If eight per cent, of the working and earning power of the country is made ineffective by drink, the loss to the country is equal to what 128,000 earners would produce, namely (1) wages, at $271 each, $34,688,000; and (2) increment at $325 each, $41,600,000 j a total loss of $76,288,000. SHORTENED LIVES. That there is much drink-caused mortality has already been shown. The estimate that annually in Canada 3,000 lives are out short by intemperance is moderate. By the death of each of these 3.000, several years of productive power are lost to the country. Ten years has been esti- mated as the average loss ^n each case ; but, supposing it to be not more than eight years, the total is equal to the annual loss of 24,000 workers whose work, on the basis of the calculation already made, would have produced $14,304,000. 36 The Facts of the Case. MISDIHECTED EFFORTS. There are engaged in the various branches of the liquor traffic aV)Out 13,000 men. These men are not only not producing anything which adds to the wealth of the country, hut are creating condi- tions which increase the public burdens, while they, them- selves, draw upon the depleted resources of the country for maintenance. One item, not the largest, of the loss to the country by the misdirected effort of these 13,000 men is the loss of their productive labor, which, according to the estimates herein used, would be $7,748,000 annually, A SUMMING UP. In this connection the fact must be noted that a propor- tion of the national, provincial and municipal revenues is derived from the liquor traffic. The total amount thus contributed is calculated by the Commission at .f8,473,- 316.22, the details of which are given in the table below. This is the amount which the liquor traffic pays for the privileges granted it. It is right that this amount should be set over .against the items of k>ss, and the various expen- ditures caused by the traffic, hereinbefore considered. This mav be done as follows : — COST OF THK M^LOR TRAFFIC. Amount paid for liquor by consumers $ 39.879,854 Value of ^rain, etc., destroyed 1,888,765 Cost of proportion of pauperism, dise;.se, insanity and crime chargeable (o the liquor tra. 3,014,097 Loss of productive labor 7(', 288,000 Loss throuj^-h mortality caused by drink 14,304,000 Misdirected labor 7,748,000 Total $143,122,716 , • RI'XKIPTS FROM THK LiyUOR TRAFFIC. Revenues. ; Dominion Government $7, loi ,557 Provincial Governments 924,358 . t Municipalities 429,107 $8,455,022 Net loss $134,667,691 Profit (t7id LosA. 37 From tlio amount received as revenues from the liquor traftic there ought to be detluctetl the cost of collection^ which is a large item of outlay. On the other hand, the amount of money counted as loss, liecause paid for drink, should be diininished V)y a small percentage — the cost of liquors used in medicine and the arts. No data are at hand from which these itenis can 1)e estimated. They may be omitted, or reckoncul as probably nearly equal, any difference being, most likely against the traffic, as a small balance of additional loss. In the foregoing table the items charged to the licjuor traffic are moderate estimates, and many things, which \night properly l)e included, are ommitted because of the difficulty of putting them into dollars and cents. Your commissioner has no doubt that were fifty per cent, added to the above balance against the liquor traffic, it would not then l)e excessive. At the lowest, it is so large that it may well engage the attention of even those who take no other view of this question than the business one. AN ANNUAL CHAUfJE. It must also be kept in mind that the enormous balance chargeable to the liquor traffic represents only one year'? waste. For many years, like burdens in proportion to the population, have been imposed upon the country. These facts make it easy to appreciate the truth and force of tho statement made, in 1884, by Hon. Mr. Foster. Under a table prepared by him, showing the cost of li'*' me of this testi- mony was valuable and instructive. t is practically ignored in the majority report. It related chiefly to the dietetic use of intoxicants, the advantages of total abstinence, the hereditary results of intemperance, and the effects of strong drink in increasing insanity, other diseases, and mortality. ANSWERS TO QUESTIONS. The only medical testimony to be found in the majority report of the Commission is a classification of the written answers sent in by Canadian medical men to certain prin- ted questions issued by the commissioners when they began their work. An epitome of this statement is given below. Everything else herein set out is taken from the evidence of witnesses, or from the body of the minority report. As has been said, there is available a great mass of such testi- mony. Selection has been made of only such as from its character must be considered as specially important, or such as relates to some special point of imjuiry. Four thousand one hundred and ten (4,110) circulars were sent to the members of the medical profession in the 40 The Facts of the Case. Dominion. The number sent out to each province, and the number of the replies received are given in the following table : — Provinces. Circulars sent out. Ontario Quebec Nova Scotia New Brunswick Prince Edward Island , Manitoba British Columbia North-West Territories 2,362 839 315 240 74 134 80 66 4,110 Replies Received. 905 188 144 79 27 57 33 24 1.457 The replies received were 35 '45 per cent, of the circulars sent out. 89 circulars were returned through the Dead Letter office. Subjoined are given the questions in full, each one being followed by the classification made by the Commission of the replies received. Question 1. Is it your practice to prescribe alcohol in any of its forms —spirituous or fermented ? (a) For persons in health, (b) For sick persons. Anstoers. i (a) 86 I (b) 1,311 r (a) 13 I (b) 68 Question 2. In your opinion, has the practice of prescribing alcohol increased or decreased of late years ? Ansioera. Increased 227 No change 143 Decreased 923 Indefinite replies 126 Affirmative Replies indefinite Negative No reply / (a) 1,319 I (b) 73 / (a) 39 I (b) 5 No reply 18 Question a. In your opinion, could any substitute for alcohol be used which would be equally effective ? Affirmative Negative A^iswers. 292 Replies indefinite 1,095 'Nt' reply 57 13 Physical Effects of hitemperance. 4 1 Question 4- Can you state approximately, what percentag'e or the cases you attend may be attributed to the use of spirituous or fermented Hquors ? 'S: ' ■ Answers. Under io% 623 20% to 50% 38 Replies indefinite 489 10% to 20% 89 Over 50% 10 No reply 208 Question 5. In your opinion, and making- allowance for the intemperate classes, would the general health of the remainder of the population be improved by total abstinence from the use of intoxicating- beverag-es ? ' Answers. Affirmative 1,068 Replies indefinite 84 Neg-ative 287 No reply 18 Question G. In your opinion, is. the use of intoxicating bever- ages in moderation injurious to health and to an active condition of the mind and body ? Answer's. Affirmative 901 Indefinite replies 95 Negative 439 No reply 22 Question 7. In your opinion, and judging from your experi- ence, what percentage of deaths is attributable to the use of intoxicating beverages ? (a) Directly, (b) Indirectly. Ansivers. Under ,0% ( {^{ «■ .^o, .„ ^„^ f (a) 55 -%.o5o% { jS! ;^ Over5o%' { [-» « Replies indefinite { J^J ^3^ n„ ,^^y | (a) 3.4 Questioji 8. In your opinion, does the use of intoxicating- bev- erages increase the number of insane persons ? Answers. Affirmative i»052 Replies indefinite 124 Negative 228 No reply 53 Tt will be noticed that some of the questions are so framed as to make it difficult to f*\ve accurate replies to them. For example, questions 4 and 7 have many answers 9laased as *• indetiaite." Few men would be prepared to 42 TIte Facts of tfie Case. give an accurate percentage estimate off-liand in reply to these questions, and such^answers as "A great majority," " A very large number " would therefore be set down as indefinite, although such replies really are definite evidence as to the evil results of drinking. The form of question 5 is remarkable and the classification of answers to it there- fore the more instructive. IMPORTANT EVIDENCE REFUSED. At Toronto the secretary of the Dominion Alliance wished to oflfer as evidence the result of an inquiry made Gome time before among the medical men of the city named, in reference to the question now under consideration. The Commission declined to receive the statement, but the importance of it, together with the fact that the witness, under oath, submitted copies of the questions issued and of the answers received, make these results worthy of con- sideration. The questions submitted in this inquiry were the follow- ing : 1. Is total abstinence, in your opinion, compatible with the fullest degree of physical health 1 2. Do you consider that, generally speaking, the moderate drinking of intoxicating liquors is conducive to health, or that it is harmless or that it is injurious 1 3. Do you consider, generally speaking, a total abstainer has any advantage over a moderate drinker, in better chances of recovery in sickness or accident 1 4. What do vou think would be the effect on public health of universal abstinence from intoxi- cating liquor as a beverage 1 The statement which the witness wished to present along with these questions was the following : — There had been some public discussion as to the merits or de- merits of strong- drink from a dietetic standpoint. There had also been expressed diverse opinions as to the attitude of the medical profession generally towards moderate drinking. The questions quoted were designed to ascertain the views of the medical men of Toronto, who might fairly be considered as repre- sentative of their profession. As will be seen these questions cover the ground of teetotalism versus moderation as desirable in everyday life, viewed from the standpoint of sanitary science. The questions were sent to every person classed as a physician in the Toronto Directory for 1887, the latest issue at the time of the inquiry. The nutuber was two hundred and seven. Some of Physical Effects of Intemperance. 43 these mig'ht have left the city subsequent to the compiling' of the directory. Ninety-two replies were received, many of the writers being representative men in the front rank of their profession in Toronto, nearly all of them of extensive practice and high repu- tation, many of them professors and examiners in our medical col- leges. They voiced fairly the sentiment of the medical profession. The first question is answered directly in the affirmative in 83 cases, and of the remaining nine answers there are but three in which is expressed a definite opinion that total abstinence is not safe for most people. Several doctors are non-committal, but there are really only three who condemn the practice of the total abstainer, and even they do so in a very hesitating fashion. The replies to the second query are, however, not so harmonious. Of the 92 there are 58 who denounce all moderate drinking as bad, and among the remaining 34 there is a startling diversity of opinion, only about ten really endorsing habitual drinking on what is usually considered moderate lines. One gentleman would object to a one-half ounce dose of alcohol, another would allow of one and one-half ounces in 24 hours. One believes in an "occa- sional " drink, another would forbid it altogether except at meals. One would give "spirits," another rejects anything but pure wine, while a third is in favor of ale. A careful perusal of all these opinions will be instructive, but will not throw any light on the vexed question, as to what constitutes moderation, nor will it aid the man who rejects the unanimous advice of the 57, in making up his mind what rule he is to take as an alternative. More agreement characterizes the replies to question No. 3. Seventy-six doctors are convinced that a total abstainer is a safer patient than is a moderate drinker. Of the others, two have evidently misunderstood the question, taking it to mean total abstinence while under treatment, whereas it meant total abstin- ence as a habit before the sickness or accident named. There are eight who clearly assert that a moderate-drinking patient has quite as good a chance of recovery as a total abstainer. The others qualify their answer. When we come to examine the replies to the fourth question, we find that 82 of the 92 who reply, believe that universal abstin- ence would be a great public benefit ; one speaks indefinitely ; two decline to discuss the question ; three are afraid abstinence from drink would lead to indulgence in some other narcotic ; four are of opinion that no material gain or loss would result ; and one believes that teetotalism would be injurious to the general health of the community. OTHER STRONG OPINIONS. All evidence obtainable goes to show that heavy drink- ing is universally condemned, and, also, that there is a growing tendency among medical men to discountenance eveu what is known e^s moderate drinking. 44 Thfi Facts of the Case, As early us 1839 the following declaration was made public in Great Britain, having appended to it the signa- tures of 78 men who occupied high positions as scientists : An opinion handed down from rude and ig^norant times, and imbibed by Eng-lishmen from their youth, has become very g-eneral, that the habitual use of some portion of alcoholic drink, as of wine, beer or spirits, is beneficial to health, and even necessary to those who are subjected to habitual labor. Anatomy, physiolog'y and the experience of all ag^es and countries, when properly examined, must satisfy every mind well informed in medical science that the above opinion is altojjfcther erroneous. Man, in ordinary health, like other animals, requires not any such stimu- lants, and cannot be benefited by the habitual employment of any quantity of them, larg'e or small ; nor will their use during' his life-time increase the aggregate amount of his labor. In what- ever quantity they are employed they will rather tend to diminish it. When he is in a state of temporary debility, from illness or other causes, a temporary use of them, as of other stimulant medi- cines, may be desirable ; but as soon as he is raised to his natural standard of health a continuance of their use can do no good to him, even in the most moderate quantities; while larger quantities (yet such as by many persons are thought moderate) do, sooner or later, prove injurious, to the human constitution, without any exceptions. In 1847 the following declaration was signed by 2000 physicians and surgeons of Great Britain : — We, the undersigned, are of the opinion, ( i ) That a very large proportion of human misery, including poverty, disease and crime, is induced by the use of alcoholic or fermented liquors as bever- ages. (2) That the most perfect health is compatible with total abstinence from all such intoxicating beverages, whether in the form of ardent spirits or as wine, beer, ale, porter, cider, etc., etc. (3) That persons accustomed to such drinks may with perfect safety discontinue them entirely, either at once or gradually, after a short time. (4) That total and universal abstinence from alco- holic liquors and beverages of all sorts would greatly contribute to the health, the prosperity, the morality, and the happiness of the human race. It is not unusual for associations of medical men in these days to make similar and even stronger declarations. At the Internaiional Medical Congress in Washington, D.C., in 1887, the following statement was subscribed to by the president of the congress and seventy-seven other members, including distinguished physicians fiom foreign countiies : In view of the alarming prevalence and ill effect of intemperance, with vfhiQh none ^re sp fa,riiiliftr g-s members of the medical prof^§-« Physical Ejfectn of Iittcmpermice. 45 sioM, and which have called forth I'lom cininciil physicians the world over the voice ot" warninj^ conceniinj^ the use of alcoholic beveraj<'es, we, the uiidersig'iu'd members of the Iiiteniatioiit'il Medical Cong'ress, unite in the declaration that we believe alcohol should be classed with other powerful druv^s ; that when prv*- scribftd medicinally, it should be with a conscientious caution and a sense of grave responsibility. We are of opinion that the use of alcoholic liquor as a beverage is productive of a large amount of physical disease, that it entails diseased appetites upon off- spring, and that it is the cause of a large percentage of the crime and pauperism of our cities and country. We would welcome any judicious and effective measures which would tend to confine the traffic to the legitimate purposes of medical and other sciences, art and mechanism. INDIKKCT KVIL KFFKCTS. A number of witnesses gave evidetice making it clear that strong drink was a pre-disposing cause of, or a means (»f bringing on, other diseases, and often causing disease which would not ordinarily be classified as the result of intemperance. The evidence of Dr. A. P. Reid, who for ten years was superintendent of the General Hospital of Halifax, and for sixteen years superintendent of the Pro vincial Hospital for the Insane, presented this fact very forcibly. He said : — The experience of ten years in our General Hospital shows me very clearly that though our statistics represented a very large percentage of sickness there as the result of intemperance, really if you figure out the wide influence it has, that the percentage would come, I suppose, up to ninety. That is, taking the history of our institution for the ten years I had charge. A woman comes in with typhoid fever or pneumonia. The previous history shows that the woman was living under conditions with which intem- perance had a great deal to do, that if the means which should have gone to support her had been used for that purpose instead of having been used in drink, she would not have had typhoid fever or pneumonia. A man comes in with a broken leg and very likely he has to have it amputated, and sometimes such cases never rally. Again, we find that a man drinks two or three glasses of whiskey and runs in front of a car, which he would not have done if his head had been level. Another man comes in with inflammation of the lungs; it apptsars he had been on a spree and caught cold, and this .attack followed ; the disease is not put down in our report as a result of intemperance, but simply as pneumonia. When I figure up the results of sickness, I come to the conclusion —I may be wrong, but I really think not— that if there were any means by any possibility, of excluding the effects of ^.l^ohpl on humanity, the hospitals would h^v^ to be closed, for 46 The Facta of the Case. MO one would have to j^o there, because those who j^o there now wftuld be able to pay their way, for accidents and a larj^e propor- tion of the disease result from the use of liquor. This evidence was corroborated by other medical men of extensive general practice and hospital experience. Some of the strongest testimony on this point was given by wit- nesses who were not personally favorable to prohibition. As an example the following passage is submitted from the examination of F. Wayland Campbell, M.D., L.R.C.P., Dean of the Faculty of Bishop's College, Attending Phy- sician of the Montreal General and Western Hospitals, and Medical Referee for the Dominion of Canada for the New York Life Insurance Company. The questions and ans- wers are given in full. Qu£8. From your experience, is there any large percentag-e of the cases which g-o into the hospital as the result of intemperance? — Ans. Yes ; a large proportion. Ques. Are you prepared to name the percentage of persons who visit the hospitals for advice and assistance, who are ill, apparently, in consequence of intemperance?— ^n.9. I should say something in the neighborhood of seventy per cent ; but that is only an estimate. Ques. There are a number whose troubles arise directly from drink. At what would you put that percentage ? —Ans. Perhaps ten to fifteen per cent. Ques. You think directly and indirectly, about eighty-five per cent, of the cases that go to the hospitals are due either directly or indirectly to the use of liquor ? — Ans. I would say the abuse of liquor. I may also say that I have had nine years' experience in charge of 125 soldiers at the Military School at St. Johns, where I go several times a week, and there I believe that ninety-nine per cent, of the trouble of all soldiers is due to liquor. PHYSICAL ENDURANCK AND TOTAL ABSTINENCE. Some strong evidence was given showing that total ab- stainers have a decided advantage over drinkers in power to resist excessive fatigue, climatic extremes and other insanitary conditions. Hon. John Schultz, M.D., Gover- nor-General for Manitoba, testified as follows in regard to this matter. It is often asserted that the use of liquor is necessarj' with men who have to undergo unusual and long-continued fatigue, under circumstances which cause exposure to wet and cold, and it has occurred to me to cite in refutal of this assertion, the three mili- tary expeditions to this country. The first of these wa,s in 18^6, rhysical Ej^ectit of IiUemiterance. 47 wluMi 400 men of the 6tli Royal Infantry, with a small dotach- nuMit of tin* Royal Artillery and Sappers and Miners were sent to the Red River Settlement by way of York Factory and had to transport over the many slippery, and often over roug'h and miry portages which intervene between Lake Winnipeg" Jind the sea, a number of six and three pounder brass g'uns, mortars, shot and shell, and immense quantities of military stores, without any but the usual rations being served out. The next — Pensioners of the Royal Canadian Rifles — came over the same route in 1868, and more recently the better known expedition of Lord (then Colonel) VV^olsely with a Canadian and British expeditionary force, which made themselves and their commander famous for the physical obstacles which they overcame, had simply a double ration of tea and not one drop of spirituous liquor. The official report of the great commander ascribes the health of his men and the speed of the expedition partly to that fact. His enforcing prohibition among troops who were doing the hardest possible work, and wet for days together, as a means of success in the rapid transit of iiis men and stores to the scene of action and his landing in Manitoba without the loss of a man, is refutation from a very high source, of the assertion to which I have referred. INSANITY, IDIOCY AND HEREDITY. It is very difficult to obtain absolutely accurate statistics as to the extent to which drink is a cause of insanity. Expert witnesses frequently referred to this difficulty. There was, however, a general concensus of opinion as to the fact that intemperate habits were both a direct and a pre- disposing cause of mental weakness and derangement. One of the most startling features of this evidence was the unanimity with which the witnesses expressed the con- viction that intemperance on the part of parents was chargeable in many cases with the degeneracy and fre- quently the idiocy of their off-spring. It is only practicable to submit some specimens of this convincing testimony. Some further facts relating to the hereditary evils of intemperance will be presented in a chapter dealing with vice and crime. British Evidence. — A statement by Dr. Ley, Superin- tendent of the Prestwich Asylum in Lancaster, England, handed to Dr, Mcl^eod, by Dr. Steeves, St. John, N.B., is the result of careful investigation into the causes of the cases of insanity which came u^ider his trea-tqient. He says •, — 48 The FactH of the Case. III ahiMit 27 )HT ctMil. 110 causf fcnild hv assijjftu'd, as tiotliin^° ri'liahir i'i>ulil hi* asrortaiiu'd in iv^ard to tin* aiittHH'diMits ol' (host* patients, (.'lassifyinj^ tho assij^tu'd oxcitin^- causos as nuMitai and physical, the iniMital causes constitute 2;^ per cent., and the physi- cal about 55 per cent. Prominent anion^' thi> former are worry, anxiety, and domestic and pecuniary troubles. Of the physical, intemperance in drink is pre-eminent, reaching' about 25 per cent, of all causes. There are many autlu»rities which bear out the foregoing statements. The fact that alcohol so promptly affects the functions of the brain, producing the temporary derange- ment whicli most inebriates manifest, prepares us for expecting such strong statements as the following. Dr. Edgar Sheppard, medical superintendent of Colney Harch Asylum, in a letter to the London Times, October 14th, 1883, said:— For twelve years I have watched and chronicled the develop- ments of the greatest curse which afflicts this country. From 35 to 40 per cent, is a fairly approximate estimate of the nitio of insanity directly or indirectly due to alcoholic drinks. The British Medical Journal published a statement from the medical superintendent of the asylum at Carmarf'^en, England, in which he places the proportion of cases of insanity among the laboring classes, traceable to intemper- ance, as 35 per cent., and goes on to say : — Yet even this is not the whole truth. We must add to this thirty-four per cent., the cases of those who owe their insanity to the intemperate habits of their parents. Lord Shaftesbury, a few years ago said : — I speak of my own knowledge and experience, having acted as commissioner of lunacy for the last twenty years and as chairman of the Commission during sixteen years, and have had, therefore, the whole of the business under my own observation and care, having made inquiries into the matter and having fortified them by inquiries in America which have confirmed the inquiries made in this country ; the result is that fully six-tenths of all the cases of insanity in these realms and in America, arise from no other cause than from the habits of intemperance in which the people have indulged. ,- The medical journal above quoted also states that the part which alcohol has played in the genesis of insanity in Ireland has been brought out in bold relief in a special Physical Ej^evi» of Intemperance, 49 report recently iHsued by the inspectors of lunatics in that country. Of the medical superintendents of twenty-two district asyluuis, twenty agree that in their experienres the most prevalent caune of insanity, after heredity, is alcohol- ism. The proportion of cases of lunacy due to alcc.hol varies from 10 to 35 per cent, of the whole admissions. United Staten Evidence. — Dr. Edward C. Mann, president of the New York Society of Anthropology, etc., recently made the following statement : — Intemperance in drink heads the list of physical causes of insan- ity, and domestic trouble and grief the mental causes ; but out of over 2, GOO cases of insanity we find intemperance in drink the cause of 577 cases or 27*4 per cent., and domestic trouble and grief in only 72 cases or 3*4 per cent. There can be no doubt that intemperance in drink induces insanity in fully 25 per cent, of all the insane cises in the United States either directly or indi- rectly. It is also responsible for very much oi the imbecility and idiocy of the offspring of intemperate parents. Fifty per cent, of all our idiots and imbeciles are without doubt the offspring of drunkards. Where strong liquors are increasingly consumed we find a proportionate amount of alcoholic insanity. Where the consumption of alcohol doubles there we find the cases of insanity from intemperance will rise over fifty per cent. Increase in the number of suicides always follows increased consumption of alcohol, and suicide is a product of insanity. Canadian Evidence. — Some gentlemen who have given special attention to mental disease and its causes were examined by the Commission, and their testimony agrees with that just set out. Dr. A. P. Reid, already quoted, is superintendent of the Provincial Hospital of the Insane at Halifax, Nova Scotia. He considers it very difficult to correctly tabulate the causes of insanity, especially the predisposing causes. In the classification at the Halifax institution " unknown " is the largest class, being about 50 per cent, of the whole. In- temperance, he said, comes in with a half a dozen others ; but of those classified " unknown " a percentage, he believed, may fairly be traceable to drink. Of intemperance as a predisposing cause, either in the patient or his progenitor, Dr. Reid said : — This is a subject I should have mentioned when I spoke of hereditary transmission. You have first of all a tendency to 50 The Facts of the Case. epilepsy and to nervous diseases as a result of lack of vig'or. You take a family with nervous systems easily upset, and their children are predisposed to that condition, althoug'h they may pass their lives without difficulty. Take one of them and he has children ; these children are insane, being- thrown off by very trifling- causes. Then again, take the children of drunkards, I will not say drunk- ards exactly, but take the children of those who have destroyed themselves throug-h the influence of liquor, and it interferes with the nervous condition of the children. I think we have quite an amount of predisposition to nervous affection as the result of such defects. Dr. J. T. Steeves has for several years been medical superintendent of the New Brunswick Insane Asylum at St. John, N.B. In his evidence before the Commission he said : — The insanity of about one-eighth of our patients is due directly to intemperance and one-eig-hth indirectly. Compared with other causes inteniperance stands as the leading cause of insanity. It stands pre-eminently above any f^iher cause. This is admitted on all hands. The other "luses are dissipations of all sorts, troubles, anxiety, sorrow anU 30 on. In a letter to Dr. McLeod, at a later date, and referring to insanity reports. Dr. Steeves says : — You will bear in mind that those tabulated under dissipations must be added to those under intemperance. Those under un- restrained vicious habits and felonious, nearly all have a history of intemperance and dissipation, but they are not so enumerated, they are left out to counterbalance a few duplications in readmis- sions of drunkards and dissipated subjects. Dr. D. Clark has been medical superintendent of the insane asylum at Toronto, Ontario, for eighteen years. He testified that of 6,000 cases of insanity which he had care- fully examined he found that nine and one-half per cent, wero, without any uncertainty, produced directly by drink. Of predisposition to insanity he said that fully GO per cent, of those who came to the asylum are those who have inherited from their parents a tendency to insanity, and added : — I have no doubt in my own mind that intemperance in parents produces almost absolute degeneracy in children, to a g-reater or less extent, mental degeneracy and physical degeneracy. I have watched closely those who are dipsomaniac, those who have inter- mittent bouts of drunkenness, but who, for months toj';ether, may hate the sight of liquor, then when this maniacal condition comes Physical Effects of Intemperance. 51 on, nothing will stop them from having- their drunken bout, if they can get liquor. A large number of those dipsomaniacs who have intermittent sprees, so to speak, are so from hereditary causes. The moment you get degeneracy in a child, you can scarcely tell in what direction it may make itself manifest. It might be hysteria, or a number of nervous diseases, it might be an inordinate taste for liquors, or it might be insanity pure and simple. "The fathers have eaten sour grapes, and the children's teeth are set on edge." « EXCESSIVE MORTALITY. Related to the subject of disease is that of excessive mortality. The proportion of deaths directly and indirectly due to intemperance, it is, of course, impossible to accu- rately estimate. Sir Benjamin Ward Richardson, the eminent English physician, gives his views on this point in the following terms : — It is difficult to calculate the precise mortality from alcohol, because we have never yet fully diagnosed all ihe evils leading to disease and death which spring from it. Some years ago, from the best data I could obtain, I estimated that in England and Wales the mortality from alcohol was 50,000 per annum, an estimate fairly confirmed bv other observers who have made inquiries of an important ancf independent character. Admitting its correctness, this estimate makes the mortality from alcohol to be about one-tenth of the whole mortality — a view which had previously been expressed by the late Dr. Edwin Lankester, the coroner for Central Middlesex — and places alcohol, as one of the causes of mortality, at the head of those causes. This estimate, however, must have been under the mark, since it excluded altogether that fatality which we now know to arise from alcoholic paralysis, and excluded also, too rigidly, instances of direct poisoning from alcohol and all accidents of a fatal kind indirectly due to alcohol. I would not, however, run any risk of being charged with over-statement, and would be content still to place the mortality from alcohol at one-tenth of the whole mortality, in places where the article is consumed in the same proportion as in England and Wales at the present time, a propor- tion fairly representative of alcoholic populations generally. Dr. Norman Kerr, a distinguished English physician, made an exhaustive study of this question and published the same in a work entitled " Mortality of Intemperance." His estimate is far higher than that of Dr. Richardson. He believed that 120,000 deaths annually were traceable to drink. He says that he commenced the investigation 52 The Facts of the Case. " with the avowed object of demonstrating and exposing the utter falsity of the teetotal assertion that 60,000 drunkards die every year in the United Kingdom." From his statement the following is taken : — It has been my painful duty to compute the mortality from inebriety within our borders, and the estimate which, after careful inquiry, I was enabled to lay before several scientific and learned societies was pronounced ' moderate ' and ' within the truth and has never been seriously disputed. Dr. Wakely, M.P., late editor of the Lancet, and coroner for Middlesex, afforded ample corroboration of the moderation of my fig-ures. Of 1,500 inquests held by him yearly, he attributed 900 at least to hard drink. ng-, and he believed that from 10,000 to 15,000 persons died annually from drink in the metropolis, on whom no inquest was held. Taking' London as one-tenth of the popula- tion of the United King-dom, this would give, 100,000 deaths from alcoholic indulgence over the country. Dr. Hardvvicke pro- nounced my estimate of the direct and indirect mortality from alcohol to be 'far within the truth.' Dr. Noble, of Manchester, believes that one-third of our disease is due to intemperance, and Dr. B. W. Richardson that one-third of the vitality of the nation might be saved but for strong' drink. The National Temperance League's Annual for 1889 (London) contains the following statement by Dr. W. Wynn Wescott, deputy coroner for Central Middlesex : — I have made an analysis of 1,220 consecutive inquests held by me in London, and I cannot refrain from making- the results public. I am not and have never been a total abstainer or an advocate of that cause, so there need be no fear that the figures are exaggerated. Of 1,220 cases of deaths, including- deaths from violence, sudden deaths, persons found dead and deaths with regard to which no medical certificate is forthcoming, 470 were infints, children and persons below the age of sixteen years. These may be presumably removed from the list of deaths from alcoholic excess. Of the remaining 750 deaths, no less than 143 are recorded as being- the result of chronic alcoholic disease, acute alcoholism, delirium tremens, suicide caused by drink, or of accidental death while drunk, or of accidents arising because of incapability when intoxicated — that is, one death in every 5*24. Only nine of the cases were of persons under thirty years of age, and but twenty-one cases were of persons over sixty years old. In 1890 a very interesting investigation was mad« in the United States. The editors of two medical journals, having wide acquaintance among leading mea of the pro- fession, were requested to select a number of prominent medical authorities in various parts of the country, to . Physical Effects of Intemperance. 53 whom was submitted a series of questions framed so as to obtain their opinions as to the extent to which alcohol was a cause of the cases of disease which they were called upon to deal with, and also the percentage of deaths from such diseases which might be fairly attributed to alcohol. Tak- ing the answers received and making from them a careful estimate, applied to all the mortality of the country, it is seen that the case is not overestimated when the deaths each year attributed to drink in the United States are placed at 80,000 or 100,000. This would be, say, from 10 to 12 per cent, of the whole mortality. Insurance Statistics. — The minority report says : Life insurance companies generally recognize the injurious eflfects of alcohol ; they make careful inquiry about the drinking habits of applicants ; none of them will insure a man who is known to be a heavy drinker, and some of them give abstainers the advantage of larger profits. That the liquor traffic is considered dan- gerous by insurance companies, is shown by the fact that many of them refuse to take risks on bartenders and some others connected with the trade, even though they be abstainers. In England there are several life insurance associations which, by the experience of a num- ber 6f years — a period long enough to base a judgment upon — have demonstrated the decided advantage, in the matter of longevity, of total abstainers. The Sceptre Life Association of London was established in 1864. The results are thus set forth : This Insurance Company was established in 1864 to effect assurance chiefly upon the lives of members of relig'ious bodies, as the founders of the association believed that a lower rate of mortality prevailed amonjjf that class than among- the g^eneral public, in consequence of their more careful habits and quieter mode of life ; and, as it was believed that total abstinence from intoxicating' drinks was conducive to longevity, a section was formed for total abstainers, with the result that up to the present time it has been found that a much lower death rate has prevailed in that section than in that for non-abstainers. From the latest statistics it appears that in the general section of that association between the years 1884 and 1892 the expected deaths were 943, and the actual deaths 716; whilst in the temperance section the expected deaths were 433 and the actual (4) 54 The Facts of the Ca9e. deaths 241. In 1892, in the g-eneral section the actual claims amounted to 89*67 per cent, of the expected ; whilst in the temperance section the actual claims were but 56*06 per cent, of the expected. In this Association all the members are stated to be of very abstemious habits ; so that here we have a fair comparison between the death-rate of total abstainers and strictly moderate drinkers. About 60 per cent, of those insured during the last seven years have been total abstainers. The results in the United Kingdom Temperance and General Provident Institution have been the same, as the following summary statement shows : — Since the year 1866, an experiment has been made, in that Insurance Company, by insuring total abstainers, and non- abstainers from alcohol, in distinct sections, with the following results : "In the 24 years included between 1866 and 1889, the Temperance Section, which had expected claims amounting to 4,543 for ;^983,307, had only 3,198 actual claims for ;£J664,832 ; whilst the General Section had 6,894 expected claims for ;^i,428,67i and 6,645 actual claims for £,i,y]i,S2e^. It will thus be seen that the actual claims in the Temperance Section, if calculated on policies, are about 70 per cent, of the " expected," while in the General Section they are 96 per cent, of the " expected." This discrimination on the part of life insurance com- panies has not yet been generally applied to their tables of premium rates. The commissioners sent to the officers of these companies some special questions, in which, however, no enquiry is made as to their experience with risks on persons who drink or persons who abstain. The inquiries, and the commissioners' summing up of the answers relat- ing to them, are as follows : — Questions. I. — Do you make any difference in insurance on life, between total abstainers and the users of intoxicants ? (a) If so, what differ- ence? (b) And why? 2. — Do you make any difference between those who use intoxi- cants moderately and those who use them to excess ? (a) If so, what difference ? (b) And why ? 3. — If you make such difference, are your rates for abstainers as low, or lower than the ordinary rates of companies which make no such difference ? Answers. I. — Affirmative .... 3 Negative .... 27 30 Physical Effects of Intempei'aiice. 55 A few of the replies in the negative are qualified by the state- ment that a difference is made occasionally between abstainers and users of intoxicants. One company insures abstainers at lower rates. 2. — Affirmative 29 Negative i 30 Of those answering in the affirmative several give their reasons. One company will not insure persons who use intoxicants moder- ately or immoderately. 3. — Negative 21 No reply 9 30 The answers in the negative indicate that the companies make no difference in rates for abstainers. Two or three have an arrangement in regard to the distribution of their profits between abstainers and non-abstainers separately. The Temperance and General Life Association of Canada, and the Royal Templars Life Insurance Society of Canada and Newfoundland, as has been stated in evidence by their representatives, show like results. Mr. A. M. Featherston, Montreal, the chief officer of the latter society, said : — Our record is {something extraordinary in our death rate. Our average table is better than the mortuary table. Our members live longer than they have any business to, nd that is because of their total abstinence. Within three years we have got over $40,000 to our balance at the bank. Mr. Henry Sutherland, Toronto, manager of the Tem- perance and General Life Insurance Society, said of those insured by his company : — We have about twice as many total abstainers as the number in the general class ; and our charter compels us to keep them sepa- rate for all purposes. Our company has had an average of about twice as much business in its Temperance as in its General Sec- tion, taking its history throughout, and its losses have been prac- tically the same amount in the two sections. This, in the face of the fact, that we are extremely rigid in our requirements with regard to the use of intoxicants by those accepted in our general section, proves, to my satisfaction at least, that total abstainers are much better risks, and likely to live much longer than those persons who are regarded as very moderate in their use of intoxicants. The last annual report of this company, issued in January, 1895, states that in a division of the surplus amongst the policy holders entitled thereto, those in the temperance section were entitled, according to the experience of the 56 • The Facts of the Case. company, to one-third more on similar policies than those in the general section. Mr. Sutherland in his evidence submitted to the com- missioners some very important statements and among them the following quotation from Pallock and Chisholm's Medical Handbook of Life Assurance, by Dr. John M. Keating, Medical Referee of the Pennsylvania Mutual Life, and President of the Association of Life Insurance Medical Directors of the United States. Intemperance is perhaps the most formidable enemy to the safe insurance of lives. It ranks before phthisis in its deadly effects on the human system. Not only is it often inherited, but org'anic ailments are by it orig'inated and org-anic weakness crystallized unto disease. The tendencies to disease, as phthisis, g'out, rheumatism, and diabetes, are by it converted into actualities. Its slow, insidious effects upon org;ans in hardening their connective tissue, and thereby contracting- as by a band on their blood vessels and choking- off their supply of blood, are exemplified in cirrhosis of the liver, but act also on the lung and kidney. By promoting the fatty deg-eneration of muscular tissue in the heart and the whole system of arteries, and favoring sclerotic chang-es in their coats, the circulation from its centre to its ultimately terminating branches is affected, and either by failure of the heart itself or by depriving- the vessels of their elasticity and contractile power and favoring atheromatous changes in their coats, which lead to rupture and hemorrhag-es, it becomes a deadly agent. The vessels of the brain are sure to be involved and apoplexy rendered most likely. The deg-enerations of age are anticipated and precipitated by alcohol, and the dram-drinker is thus sure to have a shortened life. The primary effects of alcohol on the nervous system — from nervous disorders, from various disorders of motion and sensation up to delirium tremens — are among- the earliest but not the most fatal of its results ; and the org-anic alterations which we have indicated are found rather in the dram-drinker than in the drunkard. It is the man who carries his drink well and is always under its influence who is in greatest danger. We must, therefore, decline to attach any value to the statements of an applicant or his friends, that he '• never was known to be drunk." Canada's Death Rate. — The total number of deaths recorded in Canada in 1891 was 67,688. Ten per cent, of that number would be 6,768. It is probable, however, that the death rate through intemperance in Canada is less than that in the other countries named, Physical EffecU of Inlemperance. 57 inasmuch as the consumption of alcohol here is com- paratively small. In an address made to the House of Commons in 1874, Hon. G. W. Ross, who had made a special study of the statistics of intemperance, estimated the annual loss of life in Canada through the liquor traffic at 4,000. In 1885 the Hon. George E. Foster, in a speech in Parliament, took .3,000 deaths per year as the number which might safely be set down as due to this cause. This, in view of the facts already set forth, nmst be regarded as a very moderate estimate. . ,H«.iP» . , . ',';;) ' • '■• BS The Facta of the Cme. CHAPTER VI. IDLENESS AND PAUPERISM. The estimate made in Chapter 4 of Part I, relating to the loss of working power suffered by the community through intemperance, is fully sustained by the testimony given before the Commission. Not only is it made clear that a great deal of pauperism is the result of intemperance, but it is also shown that the drinking habits of employees frequently entail heavy loss upon both themselves and their employers. Regarding the latter point the following statements made by witnesses are worthy of attention : Roderick MacDonald, of Halifax, manufacturer, saidj " When our hands were paid on Saturday we found that if there was a rainy Sunday afternoon, some of the men spent their earnings in the liquor shops, and it would be even Wednesday before we would get into shape and our machinery into full operation." Wm. S. Sanders, of Halifax, Secretary of the Amalga- mated Trades Unions and President of the Plasterer's Union, said that he thought one-fourth of the mechanics of Halifax -would lose an average of two days per month through intemperance. Thomas G. McMullen, of Truro, lumberman, said, " If we could get sober men who did not drink liquor at all, they would be worth twenty per cent, more to us." In reply to an inquiry as to how much time men lost through drink he said, " I think I would place it at about one day to the week as a general thing. Some men will lose more and others not so much, but that is the average." Idlenesft and Pauperism. 59 John F. Gregory, of St. John, accountant, said in reply to the same question : — Anywhere from lo per cent, to 25 per cent. VVe pay once a fortnight, and twelve days is the maximum pay, sometimes the men draw for ten or eleven, and drinkers are apt to lose a day after pay day, and a day after a picnic, if one happens to occur. Mark H. Wright of Charlottetown, manufacturer, said " Three days a month would be a low estimate I think for a drunkard." In the evidence of Charles C. McKeen of Quebec, shoe manufacturer, is the following : QtLe8. What proportion of time is lost in one month, on an average, by a drinking- man on account of drinking? — Ans. The average drinking man is incapable of doing his work one day in the week. He may report for duty some day, but he is unfit for his work. We have men who will come in on Monday and work all day, but they do not do half a day's work. Ques. In some establishments work is done by a gang of men, and one being away stops the others, I presume. Does that ever occur in your establishment ? — AtlS. Yes. Qtl€8. Are those cases due to the drinking habits of one man sometimes ? — Ans. We had a case about two weeks ago. Four men stopped the output of an entire factory for three or four days. Ques. All on account of drink ? — Ans. Yes. William Joseph Copp, of Hamilton, ironfounder, gave the following evidence : — Ques. Are you able to form an estimate of about how much time the average drinking man would lose in the course, say, of a month, on account of his drinking? — Ann. It would vary. I have no doubt some will lose 10 per cent, or 20 per cent, of their time on account of drinking. I am not following the effect of the drink upon the man in all its ramifications, but I say he is not putting up as much work as he should do. I look upon it as a very serious detriment to a man when liquor takes hold of him, because it lessens his wage-earning power very largely. Ques. It is sometimes stated that the work of some men in factories depends upon the work of another man, and depends upon his being at his post, and if, owing to drunkenness, he is not there, these other men are hindered in their work ? — Ans. In our business it is particularly so with the moulders. They have their blowers, and if they are absent we lose the work of that blower. We have had serious losses from their absence throwing other men out of employment. Dennis W. Karn, piano manufacr,urer, Woodstock, said : I may speak especially of tuners who require to have a good deal of experience, and I have been compelled to keep them. 60 TJie Facts of the Ca»c, althoujcli they lost a g'ood doal of time. I would say that during' the twelve months there would he at least a loss of two months time, at the lowest estimate. Hart A. Massey, manufacturer, Toronto, said : Some of them lose mueh more than others. At Newcastle, I think we had some men who lost fully one-third of their time, and in some instances we have had j^ood mechanics, men that we wanted to keep and could not very well part with, who would not work more than half their time Very often a man addicted to drinking is the leadinj^ man in a certain line of industry, and other men are dependent upon him ; and when he is away those ujen are thrown out of work. PAUPEltISM, It was proposed to the Commission that questions should be sent to employers in regard to the matter above discus- sed. It was also proposed that questions should be sent to alms houses and other institutions for the relief of indigent persons. Such inquiries would have, no doubt, resulted in the obtaining of important information. A majority of the Commission, however, decided against these proposals, thus excluding from the report information relating to pauper- ism and its relation to intemperance. A number of the witnesses examined, however, gave information on this point. Some extracts from their evidence and some otlier statements contained in the minority report, are herewith presented. Rev Dr McLeod says : — A carefully prepared report issued by the Bureau of Industries of the Province of Ontario, the latest issued, g-ives the results col- lected by thirty-three special ag'ents in thirty-nine towns and cities relating- to the earning and spending of workers, showing- for all classes, including- those with and without dependents, an averag-e income of ($410.36) four hundred and ten dollars and thirty-six cents per year, and an average cost of living- of ($364.61) three hundred and sixty-four dollars and sixty one cents per year. This makes for such workers a possible saving of ($45.75) forty-five dollars and seventy-five cents each per annum. A slig-ht depres- sion of the earning power, or elevation of the cost of living-, means hardship or debt. British Evidence. — The Convocation of the ecclesias- tical Province of York appointed a special committee to report upon the effect of intemperance. The committee consisted of the Very Rev. The Dean of Carlisle, the Venerable Archdeaoon Cooper, the Venerable Archdeacon Idlenfinn and Pnnpnrifivi. 61 Hamilton, the Rev. Canon Woodford, the llev. Canon Crosthwaite, the Rev. Canon Henry Hildred Birch, the Rev. Canon Hey, the Rev. Cliancellor Thurlow, the Rev. Joseph Birchall, the Rev. Charles Hesketh, and the Rev. James Bardsley, Convenor. These gentle- men made an extensive and exhaustive intjuiry, sending out (questions relating to the subject dealt with to clergymen, magistrates, constables, governors and chaplains of prisons and workhouses, superintendents of asylums, employers of labor and other persons. They published, in 1874, the result of their labors, giving extracts from 2,711 replies received. Tu summing up their report they said : — Amonjc the prolific causes of crime, pauperism and lunacy, your committee are led to g'ive the drinkinjif customs of the day the most prominent place ; and further, the burden of poor rates is increased to a most oppressive extent by the same ag'ency (drink). Your committee have been much struck by the returns on this subject, made by g-uardians of the poor, of whom one states his conviction that the poor rates they are now paying" of ten pence in the pound would, but for intemperance, be at once reduced to four pence. Minii^ters and chaplains of workhouses, in the evidence quoted by the committee, set out the proportion of paupers made so by drink, as being from two thirds to nine tenths. A report adopted by the House of Convocation, based on these investigations, contained the following statement : — It can be shown that an enormous proportion of the pauperism which is felt to be such a burden and discouragement by the industrious and sober members of the community, and has such a degrading and demoralizing effect upon most recipients of paro- chial relief, is the direct and common product of intemperance. It appears indeed that at least 75 per cent, of the occupants of our work-houses and a large proportion of those receiving outdoor pay have become pensioners on the public directly or indirectly through drunkenness, and the improvidence and absence of self respect which .this pestilent vice is known to engender and perpetuate. General William Booth, of the Salvation Army, in his well known work, " In Darkest England and the Way Out," presents an estimate that the number of homeless and starving people in the United Kingdom is 1,905,500. He says that 870,000 of these were in receipt of outdoor relief. As to the cause. General Booth has this to say : — 62 The FactH of the CaaK The drink diflficulty lies at the bottom of everything". Nine- tenths of our poverty, squalor, vice and crime spring^s from this poisonous tap root. United States Evidence. — The United States census for 1890 reports the number of paupers in almshouses on June 30th of that year as being 73,045, besides 24,220 outdoor paupers. It will, of course, be under- stood that the number of paupers in almshouses on a particular day of the year is not by any means a state- ment of the number of paupers in the country, the actual pauperism being greatly more than is indicated by the census figures. The cause of poverty there is the same as in Great Britain. A report of the Secretary of State of New York says : — The whole number of paupers relieved was 261,252. During the preceding year 257,534. In an examination made into the history of the paupers of the State by a competent committee, it was found that seven-eighths of them were reduced to this low and degraded condition directly or indirectly through intemper- ance. A report of the Commissioners of Charities and Correc- tiorj of the City of New York says : — The causes of pauperism and consequent disease and crime, have received careful and full investigation by those long enjoying favorable advantages of observation. Many reasons for this pain- ful and rapidly increasing pauperism have been assigned, but that which takes precedence above and beyond all others is the curse of intemperance. The statistics of almshouses, work houses, pen- itentiaries, asylums and hospitals all attest this daiU and gloomy fact. The late Rev. Howard Crosby, D.D., a gentleman who was not at all inclined to favor prohibition, says : — I have been watching for thirty-five years, and in all my inves- tigations among the poor I never found a family borne down by poverty that did not owe its fall to rum. Judge Robert C. Pitman sums up the result of inquiries in the State of Massachusetts in the following terms : — The pauper returns, made annually for a long time to the sec- retary of state, show an average of about 80 per cent, as due to this cause in the county of Suffolk (mainly the city of Boston). Thus, in 1863, the whole number of relieved is stated at 12,248. Of these the number made dependent by their own intemperance . Idlfineftft and Fanperwm. C3 is jfivcn at 6,048, ami tho number so made by the intemperance of parents and g-nardiiins at 3.H37, niakinj^- an ajfjcreg'ate of 9,885. The third report of the Hoard of State Charities, pajfe 202 (Jan- uary, 1867), dechires intemperance to be the chief occasion of pauperism; and the fifth report says: "Overseers of the poor variously estimate the proportion of crime and pauperism attribut- able to the vice of intemperance from one-third in some localities up to nine-tenths in others." This seems larjfe, but is, doubtless, correct in rejifard to some localities, and particularly amonjf the class oi persons receiving temporary relief, the greater piopor- tion of whom are of foreijjn birth or descent. In the sixth annual report of the Board of Health (January, 1875), pag'e 45, under the head " Intemperance as the Cause of Pauper- ism," the chairman, Dr. Bowditch, g-ives the result oi answers received front 282 of the towns and cities to the two following questions: " i. What proportion of the inmates of your alms- houses are there in consequence of the deleterious use oi intoxica- t'ng liquors ? 2. What proportion of the children in the house are there in consequence of the drunkenness of parents? " While it appears that in the country towns the proportion is quite variable and less than the general current of statistics would lead one to expect, which is fairly attributable in part, at least, to the extent to which both law and public opinion has restricted the use and traffic in liquors, yet we have from the city of Boston, the head- quarters of the traffic, this emphatic testimony from the superin- tendent of the Deer Island almshouse and hospital : '* I would answer the above by saying, to the best of my knowledge and belief, 90 per cent, to both questions. Our register shows that full one third of the inmates received for the last two years are here through the direct cause of drunkenness. Very few inmates (there are exceptions) in this house but what rum brought them there. Setting aside the sentenced boys (sent here for truancy, petty theft, etc.) nine-tenths of the remainder are here through the influence of the use of intoxicating liquors by the parents. The great and almost the only cause for so much poverty and distress in the city can be traced to the use of intoxicating drink either by the husband or wife, or both." A startling testimony as to the effect of this cause in producing the allied evil and even nuisance of vagrancy is given in the answer from the city of Springfield : "In addition to circular I would say that we have lodged and fed 8,052 persons that we call 'tramps,' and I can sel- dom find a man among them who was not reduced to that con- dition by intemperance. It is safe to say nine-tenths are drunk- ards, though we have not the exact records." The following are a few of the statements of witnesses, heard by the Commission, upon this point. James W. Fleming, superintendent of the Halifax Poor Asylum, said that he thought one-third the inmates of that institution were brought there directly by drink and another third indirectly through the same cause. 64 The Facts of the Case. Rev. Dr. Saunders, chaplain of the same institution, said, " The greater part of the inmates are there either directly or indirectly through strong drink." In the evidence of Edwin J. Wetmore, secretary of the almshouse commissioners of St. John, are the following paragraphs : — Queft. We understand you are also secretary of the Society for the Prevention of Cruelty to Animals : does your work in that society authorize you also to prevent cruelty to women and children ? — Aii8. It does. Ques. Have you had enoug'h to do with the law to enable you to say whether any considerable p^rcentag'e of the cases of cruelty in homes, cruelty to wives and children is traceable to the drink habit? — Ana. It is a larg'e percentag-e. Qlies. How larjjfe ? — A}is. Fully 75 per c<^nt. Qltes. Have you stated what percentag'e of the pauperism is traceable to drink ? — A7l8. I think it would be fully 6>o per cent. David McMillan of Montreal, secretary and superintend- ent of the Protestant House of Industry and Refuge, said : — We liave two houses. We have a house in the municipality of Long'ue Pointe, where we have from 1 18 to 125 or 130 ; and in the city we have a refug-e, where we give nig-ht lodging- to people who are destitute I believe that if they were sober and industrious we would not have any of them or very few . We g-ave 30,349 lodg-ings last year. Sir William Dawson, C.M.G., F.R.S., LL.D,, principal of McGill College, Montreal, said : — I have had occasion to institute inquiries in regard to the pauperism of Montreal. I can confidently say that nearly all the want and destitution prevailing in this city is directly or indirectly attributable to the liquor traffic, and if the liquor traffic could be abolished entirely, there would be far less burdens cast on the benevolent societies and benevolent individuals of the city. The present progress is simply one of taking money out of the pockets of the benevolent people of the community and passing it, through the hands of these victims, into the pockets of the liquor sellers. That is an aspect of this question which in cities like this should never be overlooked. In work among the poor it is found that there are cases of absolute destitution arising from other causes, which need relief, but the greater part are directly or indirectly due to drink. ' ' '■' '• P. Itier, of Berlin, Ont., gave the following evidence : — Ques, We understand that you have been, until recently, manager or superintendent of the House of Industry here?— Ans. Yes. Idleness and Pauperism. 911 * Ques. How long since you g^ave up that position ?—An8. Just a month. I had held it about thirteen and one-half years. Ques. During' the time you were superintendent how many inmates did you have in the house ? — Arts. About 85 on the average. Qlies. Was inquiry made as to the habits of those people in reference to the use of liquor, previous to their being received into the home? — Ans. I suppose there would be probably 75 per cent, who had been people of intemperate habits, and that was ihe cause of their trouble. Where in other pUices the commissioners made similar in(|uiries the evidence was all in agreement with the facts already stated, that nearly all pauperism is traceable directly or indirectly to intemperance. • I . > s . 'J . • • ■:■-■(.■.. ... • -V 1 66 The Facts of the Cme, CHAPTER VII. VICE AND CRIME. In the majority report of the Royal Commission and in the appendices thereto are numerous tables of figures relat- ing to the criminal record of Canada. These tables unfor- tunately are not arranged so as to show the relationship between the liquor traffic and the offence of drunkenness. Calculations showing ratios of offences per thousand and per million of the population for the chief cities and the differ- ent provinces, and referring to many years, are given, but are not arranged so as to be of any value to the student of the temperance question. The following statement pre- pared by Mr. George Johnson, Dominion Statistician, is instructive : — During the ten years, 1882-91, there have been recorded for the Dominion 348,460 convictions. By years these convictions are as under : — '882 3'. 305 '883 33.388 •884 29,536 1885 33,869 1886 33,874 •887 34.453 1888 37.649 1889 38,431 1890 38,540 '8qi 37.4'5 Total 348,460 « Vice and Crime. 67 By provinces these convictions are divided as follows : — lo Annual YEAKS. AvEKAtiE.- Ontario >97.549 J9.754 Quebec 82,909 8,290 Nova Scotia H»203 1.420 New Brunsvi^ick 22,840 2,284 Prince Edward Island ..... 5.473 547 Manitoba 15.934 ' .593 British Columbia 8,193 ^'9 The Territories i ,359 135 Total , , . . 348,460 34.846 According- to classes of crime these 348,460 convictions are divided as follows: — Murder, manslaug-hter, and attempts at 265 Offences ag°ainst females 847 Other offences ajjfainst the person 47,826 Robbery with violence, burglary, house and shopbreaking' -2,283 Horse, cattle and sheep stealing 421 Other offences against property 30.530 Other felonies and misdemeanors. i ,435 Breaches of municipal by-laws and other minor misdemeanors 142,897 Drunkenness 121 ,956 Total 348,460 The animus of the majority of the commissioners is strik- ingly shown in the fact that in their report they do not quote any of the strong, overwhelming evidence given to show the responsibility of the liquor traffic for immorality of every kind. Such evidence was presented in profusion at every place where inquiry was held. The prominence given tjo these facts in the evidence is largely due to the earnest and faithful efforts of Rev. Dr. McLeod who pressed inquiries on the lines of every clause of the Commission's instructions. The conclusions from this vast array of convincing testimony are inevitable, yet the relationship between intemperance and crime is discussed by the majority report only in the following paragraphs, which need no further comment. . . 68 The Facts of the Case. The buying^ and selling-, or bartering-, of intoxicants for bever- ag-e purposes can hardly be said of itself to produce injurious effects. Such evils as do arise flow from the misuse of the article boug-ht and sold. That many and g-rievous evils and much wretchedness and misery are caused by over-indulg^ence in the use of intoxicants, does not admit of co:, oversy. It is impracticable to reach the number of individuals in the community who are guilty of such over-indulgence, and who thereby inflict injury upon themselves and their families, and dissipate means which might and should be applied to worthier objects. Considering, however, the repeat- ed offences committed by those who so offend, the proportion of them to the total population of the Dominion, the undersigned believe to be comparatively small, and probably smaller in Can- ada than in any other country in regard to which it has been practicable to obtain information. How much of the crime, poverty, and insanity of the country is to be attributed to the use of intoxicating liquors, cannot be accurately determined from any information accessible to the Commissioners. In regard to crime, the evidence taken is fairly unaninious that the more serious offences, such as forgery, perjury, arson, etc., are conmiitted by those who do not over-indulge in the use of intoxicants. The proportions of the different classes of the pauper, insane and criminal population whose condition has been brought about by over-indulgence in intoxicating liquor cannot, the commission- ers consider they are justified in saying, be accurately ascertained ; and opinions on the subject are so varied as to be really of doubtful value. DRUNKENNESS. The tables given ab(»ve show the extent to which drunkenness figures as an offence in the criminal records. The majority report in the quotations given, refers to the fact that the same person is frequently represented by different offences, but omits any mention of the vast amount of drunkenness which finds no record on police court books. Even the convictions for drunkenness as quoted, are far below the actual number of arrests for this offence. From a number of appendices is compiled the following table showing the figures for arrests in the principal cities of Canada for the year 1893 : Vice and Crime. 09 City. f 'opulut ion . Arrests for Ratio per 1,000 Population . Drunl^ennetw. Halifax 39,225 > 762 19.42 CliJJrlottetown 11,325 198 17.48 St. John 39,200 947 24.15 Moncton 9,145 82 8.96 (Quebec G3,G50 430 6.75 Sherbrooke 10,000 203 20.30 Montreal 235,000 2,440 10.38 Hull 22,500 86 6.88 Ottawa 47,850 261 5.45 Brock ville 9,100 164 18.02 Peterboro 10,300 96 9.32 Kingston 20,520 322 15,69 Jielleville 10,000 ., 118 11.80 Toronto 200,000 3,644 18.22 Guelph 10,755 103 9.57 Hamilton 52,000 355 6.83 London 32,750 710 21.68 Brantford 13,340 217 16.26 St. Thomas 10,800 66 6.11 St. Catharines 9,005 88 9.70 Winnipeg 30,100 592 19.66 DRINK AS A CAUSE OP CRIME. The absolute failure of the majority of the Commission to deal with the important (juestion of the relationship of drunkenness to crime in general, adds the more importance to the minority report which deals with this (juestion to some extent. Evidence of this relationship is so plentiful that it is only needful to refer to a few of the important facts that have been presented. The connection between drunkenness and these deplor- able results is forcibly set out by Felix L. Oswald, a well- informed and thoughtful writer in the following terms : — 1. Drunkenness excites the instinct of destructiveness and thus becomes a direct cause of violence and often of wholly unprovoked assaults. 2. Inebriety clouds the perceptive faculties and thus disqualifies its victims for judg'ing' the consequences of their acts or realizinjjf the force of dissuasive artfuments. (5) •• .-. 70 The Fncts of the Case. 3. Habitual iiUiMii|H'rance weakens the infliieiK'e of self-respeet and eventually almost deadens the sense o( shame. 4. Intemperanee tends to idleness, the pari'nt ot" vice. 5. Intemperanee is the ehiet" e.-iuse o\' poverty, and thus indireetly of the erimes prompted by hunger and distress. 6. Aleohol tends to bejji'et a disinelination to intelleetual employment, and thus neutralizes a ehief ag"eney of reform. 7 Intemperanee heg'ets a hereilitary disposition to idleness and vice. The report of the coinmittee of the Convocation of York, Enghind, already mentioned, seta out a startling array of testimony from officials of all kinds who have to deal with crime, showing that drink is both a predisposing and an exciting cause of very much wretchedness and crime. Summing up this evidence, the report says : — Many mag^ist rates, g'overnors oi g'aols, chaplains of jjaols, and sujjcrintendents of police, concur in statinjjf that of those crimes which obtain public notice, from 85 to qo per cent, are the direct result of drunkenness. Others declare that the chief use of the l>olice in their districts appears to be to look after the public houses and their frequenters ; whereas, in those cases where clerjcymen are able to rejoice in the fact that 'there is no known thief, rog-ue or vatjabond in our parish,' they add, as a reason, that ' there is also no public house or beer shop.' The report of the Ontario Prison Reform Commission, in 1891, says : — Drunkenness does more than any other cause to fill the jcfiols, and it unquestionably does much to recruit the ranks of the criminal classes. 0\' the 1 1,893 persons committed ^^^ the jjfaols o\' the province ilurinji;' the year 1889 no less than 4,777 were ch;irjjed with having' been drunk anu disonlerl)', and in all probability excessive use of strong drink was the chief cause oi trouble in the case of 534. persons who were comniitted on the charge of common assault. Of the 11 1587 cases disposed o\ in the police court of the city of Toronto 5,441 were cases of drunkeimessand disorderly conduct caused by drunkenness. The proportion in the other cities, as will be seen by reference to the return published elsewhere, was about the sanie. The number of convictions on charges of drunkenness in the province during the year was 7,059, very nearly one thin! of the whole ; and of th*.- 675 prisoners in the common gaols at the close of the year a very large proportion were habitual drunkards. HEREDITARY VICE. One of the most serious charges made against intemper- ance, and fully su.stained, is that it creates such conditions .A Vice and Crimfi. 71 of heredity and environment as to nuike it almost im- possible for a larjL^e proportion of children to become any- thing else than paupers and criminals. From birth they are handicapped by evil surroundings and tendencies that are the direct result of intemperance. Perhaps one of the strongest statements with reference to this, made by one who has given it \eTy close and careful attention, and whose statements are generally accepted, even by those who do not agree with his proposed remedies for the conditions he sets out, is the following made by General Booth in the work already mentioned : — Thousands upon thousands of these poor wretches are, as Hi shop South truly said, ' not so much born into this world as danuied into if.' The bastard of the harlot, born in a brothel, suck- led on jfin, and tanilliar from earliest infancy with all the beastialities of debauch, violated before she is twelve, and driven out into the streets by her mother a year or two later, what chance is there for such a j>irl in this world — I say nothinjf about the next ? Yet such a case is not exceptional. There are many such, differinjj; in detail, but in essentials the same. And with boys it is almost as had. There are thousands who are bej^otten when both parents were besotted with drink, whose mothers saturated themselves with alcohol every day of their preg-nancy, who may be said to have sucked in the taste for strong' drink with their mother's milk, and who were surrounded from childhood with opportunities and incitements to drink. How can we m.'irvel that the constitu- tion thus disposed to intemperance finds the stimulus of drink indispens;ible ? Even if they make ;" tyramiy. Therefore the result of this investij^'ation, in view of the disproportionate m.'ig'nilude of the exclusively ann offences, and considered in connection with the notorious tendency of liquor to inflame and enlarge the passions and appetites, to import chaos into the moral and physical life, to level the barriers of decency anil self respect, and to transport its victims into an abnormal and irresponsible state, destructive and degrading, calls for earnest and immediate attention at the bar ol" public opinion and the public conscience. TESTIMONY OF EMINENT MEN. The history of vice and crime is full of corroborations of the fact of the responsibility of the litjuor habit for the lamentable things described. Sir Matthew Hale, Chief Justice of England, many years ago, said : — The places o'.* judicature I have long held in this kingdom have given me an opportunity to observe the original cause of most of the enormities that have been committed for the space of nearly twenty years ; and by due observation I have found that if the murders and manslaughters, the burglaries and robberies, the riots and tumults, the adulteries, fornications, rapes and other outrages that have happened in that time were diviiled into five parts, four of them have been the issues and products of excessive drinking. Since then many other eminent men who have carefully studied the (juestion have expressed the results of their observation in like terms, and even more emphatically. The following may be added from distinguished authorities, gentlemen not in any way actively identified with the movement to prohibit the liquor traffic : Among all causes of crime, intemperance stands out the unapproachable chief. — Judtfe Noah Davis. Two-thirds of the crimes that come before the courts of law in this country (England) ;ire occtusioned chiefly by intemperance, -^ Lord Chief Baron Kelly, Vice and Crime. 75 • If till" cases apiH'arinjj in all tho caK'ndars tliroujfhout Knji^laiid woiv takiMi, it WDiild bi> t'ouiul that seviMity-Hvc por rent, of the crime was traceable, directly or indirectly, to the inordinate love liquor. —JuMlve IlawkitiH. I can keep no terms with a vice that fills our j^.'iols, that destroys the comforts oi homes and the peace of families, and debases and brutalizes the people of these \s\iu\i\s. —Cllief J utitice Coleridge. Drunkenness is not only the cause of crime, it is crime ; and the encourajji'ement of drunkenness for the sake t>f prolu on the sale of drink, is certainly one of the most criminal nu-thods of assassination for money ever adopted by the bravos of any aj^e or count ry. — Ruskhi. The jcreat cause of social crime is drink. The jcreat cause of poverty is drink. When I hear of a family broken up ;ind ask the cause — drink. If I «fo to the gallows and ask the victim the cause, the answer is Urink. Then I ask myself in perfect wonder- ment, why do not men put a stop to this thing'? — Archbishop Ireland. The more I examine and travel over the surface oi Kn^land, the more I see the .'ibsolute and indispensable necessity of our temperance associations. I am satisfied that unless they existed we should be immersed in such .'in ocean of immorality, violence and sin as to make this country uninhabitable. — Lord Slutftett- bury. Drunkenness causes every year in Enyfland 60 000 deaths. According to the testimony oi' the magistrates, it is the source, directly or indirectly, of 75 per cent, of the crimes connnitted, causing the disastrous ruination of families and destroying domestic life, together with the practice of religion and the christian education of the cliildren. — Cardliinl Mitniiinq. The diminution of the revenue from drink goes side by side with an increase and extension of the s.-iving h.-ibits of the people. It has been said that greater calamities— greater because more continual — have been inflicted on mankind by intemperance th.-m by the three historic scourges of w;ir, famine .-md pestilence combined. That is true, and it is the measure of our discredit and disgrace. — Gladstone. After all, if we hunt vice and crime back to their lairs, we will be prett)' sure to find them in a gin mill. Drunkenness is the prolific mother of most of the evil doing. Drunkenness is the prime cause of all the trouble. — Police Superintendent, New York City. The liquor traffic is responsible for nine-tenths of the misery among the working classes, and the abolition of that traffic would be the greatest blessing that could come to them. — T. V. Powderly, e.v-Grand Mat,ier Workman of the Knights of Labor. I do not overst.'ite it when I say that the two hundred thousand saloons in this country have been instrumental in destroying more 76 The Facts of the Case. huiTicin lives In the last five years than the two million armed men did durinjf the four years of the civil WJir. Whiskey is a more deadly weapon than shot or shell or ;iny of the implements of our modern warfare. — Hon. Willlarn yVyndom, St'cretart/ of the Treasury, United StatcH, EVIDENCE OF JLDUES. Three hundred circulars were sent by the Commission to judges ftnd magistrates, in which were set out seven ijues- tions, six of which related to legislation and will be con- sidered further on. One hundred and sixty-seven replies to the circulars were received. The first question was in the following form : — In your opinion, what proportion of the criminal cases which have come before you is attributable, directly or indirectly, to the use of intoxicating- beverages ? The answers are classified by the Commission as follows : Under lo per cent 8 lo per cent, to 25 per cent 11 as '* 50 " 9 50 •' 75 " 65 Over 75 per cent 15 Indefinite 53 No reply 6 167 It will be noticed that a large number of answers are indefinite. This no doubt means simply that the persons replying did not give their answers in percentage form, many of them, however, probably being overwhelming evidence that drink is a cause of crime. OPINIONS OF CLEROY. Circulars containing seven questions were sent to the clergy of the diflFerent denominations and replies received from 2,465. Four of the seven questions referred to pro- hibitorv legislation and will be considered hereafter. The first three (juestions have relation to the subject of the present chapter and with the answers given, are in full as follows : — Vice and Crimn. 77 QucHfion. I. — From your oxperii'iifo HMil obm-rvat u.n as a I'lor^fynJiMi ilo you considor tlu* usi* of intoxicating- liquors in any slia|H.' as hurtful morally and socially ? A nswei'H. Affirmative , -. • -.1 Ni'^ativo 272 Kcplifs indcfmite 60 No reply 10 2,463 QucM'wn. 2 -What from such experience and observation is your opinion of the effect of the use, in -my ilegn-e, of inti>xicalin)^ liipiors i>n the family aiul domestic relations, and on the care, education and prospects of children ? AnrnvevH. Hurtful -.'47 \ I.'irmless 204 N'o experiiMice 3 Replies indi'tinite 75 No Reply 36 2.465 Question. 3. — From such experience and observation, do you believe that in families where intoxicating li(.|uors .'ire used in nu>deratii>n, the effect is detrimental to the social and moral habits, the domestic relations and the education and pri>spects of children ? A tun vers. Affirmative -.050 Nejcative 337 No experience 3 Replies indetinite 57 No reply . 18 ' .465 SOME C'ONDKiNHKI) KVIDKNCE. A volume ini<^ht be filled witii extracts from the evidence jjjiven by the witnesses examined by the Commission all bearing out what has already been stated. A few extracts are submitted which are little more than specimens of a great mass of recorded testimony : — 78 The Facts of the Case. Montreal. — Judge De Montigny, recorder of the city of Montreal, one of the presiding judges of the city court, gave evidence to the effect that of the several thousands of casp;i which come before him each year, including " dis- orderly conduct, refusing to work for a living, indecent exposure, living on the profit of prostitution, begging with- out permission, and other charges, amounting to 5,436 for the year 1890, the most of them may be traced to drink." Of houses of prostitution, he said : " It is generally licjuor that has brought those girls there." And of lunacy cases which come before him, half of them are due to drink. Of the effect the drink trade has on business interests he said : It has tlie efFoct that whcMi a in;iii bejfins to drink and g'ots nito the habit of di"inkiiij>f, he does not care if he loses his honor, his reputation and his fortune. It has the effect of ruining a man in his soul and in his body, and putting- him in an asylum. Of the effect the licjuor trattic has upon the people engaged in it, he said : — It is awful, because they g-enerally become drunkards 'hemselves, and their children grow up with bail habits. And the spending of so much money in liquor injuriously affects the working classes. If you see a family in a poor condition and asking for charity, or to be helped through the winter, you are sure to discover it is due to the drinking habit of the head o\' the family. He said, also, tliat the drunkards — Are from all classes of society If we had not the abuse of liquor in this country we would have the best people in the world, and I think it would not be necessary to have a recorder ill the city of Montreal ; at all events, he would have a good time if there were no liquor. Judge Dagas, of Montreal, gave similar testimony. Of the cases which come before his court, he said : *' To in- temperance, leaving asif inloxiratinj;' lii|iuirs has boon promoted, no iloulit, by wrt>n^' iileas in ri'l'iTiMU'i- lo Ih'.'ir natiiiv .'itul olVofts. This i^nt>r.'iiu'i; is boinic (.h'aU with anil ooiroiMoil by the ilissiMuin- ation of kntnvli'tljjfo, notably !>y tlio toai-hiiij^ tif what is kiu>wn as sfiontitlr tiMuporanoo in ptil>lio si"lun>ls. AnothiT finMor in t'lu-oura^inj;' ami oxtiMulinj;- ih-ink ronsuinjition is, niuloul>ti'dly, the t-iistt>ins of soi-icMy and the hal>its thoy oroate. UIUmu'ss fro- ipionlly i-ontril>iitfs its share as a cause of intlulj^tMU'e in ilrink. Troulile ami pmerty ini|>el some to seek in the exeitement oi' liipior a ri'Hi'f from these trials. It is, hi>wever, manifest that without faeilities tor the supply of drink the causes nameil would be \o a )^reat extent inoperative. The comnu^n tratlic in intoxica- tinj;- bevera^;es supplies these facilities. That tralVic, carried on by persons who are naturally desirous o\' doinij as extensive and profitable a business as possible, is in itself a temptation and an incentive to tlrinkinjjf practices. Much of the ilrink habit in a communitv is thus directly brou);-ht about by the operation of the ilrink traffic. The drink habit is specially charjicterized by its tendency to rapid j^-rowth when it is fostered. The liipior traffic difVers from other business which simply furnishes a supply of that of svhich there exists a demaiid. The sale of liquor is j^enerally reco^nizeil by those who have studieil the subject as a cause of ilrinkinjc and as being' charj^'eable with the drunkenness that exists and the evils that folltuv drunkenness. ResjHytisib'dity af thr Trajfir. 85 THb report <»f tho Convocation of the Province of York, iilrcudy (juoted, declares that : — Till' limit iplii'd t'iu'ilitios for obtciiniiig^ dritik ip;iy bo roj^ariUnl as the ^roatest coiulucinj;' cause of inlemperaiiee. Tlie returns invariably show that wlien these facilities are increased, drunken- ness increases also ; that when they are lessened, there is a cor- respondinjc diniinution in intemperance ; and this rule seems to operate with all the force of a natural law. Nearly all the liquor legislation at present in existence, is based upon the theory that the traffic in drink promotes the vice of drunkenness. Restrictions, prohibitions, conditions are imposed with the object of protecting the community to some extent from the evils which that traffic so surely brings. There is little need for prtMjf of this patent fact. Two quotations from the minority report are added, the first is in the words of the late Cardinal Manning, who had given much attention to this subject, and the other is a statement by Hon. George E. Fostor, who had studied it in all its details. It is mere mockery to ask us to put down drunkenness by moral and reli^fious means when the Lejfislature facilitates the multiplica- tion of incitements to intemperance on every side. You mi^ht as well call upon me as the captain oV a sinkinjf ship and say, ' why don't you pump the water out ?' when you are scuttlinjjf the ship in every direction. If you will cut o(T the supply of temptation I will be boinul by the help of Ciod to convert drunkards ; but until you have tc'iken oflFthis perpetual supply o^ intoxicating' drink we never can cultiv.'ite the fields. No intelligent observer will, for a nioment, attempt to deny that a Itirge part of the intemperance o\' our people arises from the multiplieil facilities for drinking which are set up anil maintained by authority of our laws. These facilities act as a school in which the A n C of drunkenness is taught to each generation of youth, and as powerful and invincible temptations to those whose appetite has been alreaily set. (8) PART !I. Tke measures tv/iic/i liace been adopted Ut Lessen, Reijulale or Prohihii the Traffic. CHAPTER I. THE TOTAL ABSTINENCE MOVEMENT. The second subject on which the Commission was asked to report is : " The measures wliich have been adopted in this and other countries with a view to lessen, reguhite or prohibit the traffic." The measures referred to are no doubt legislative measures. In this connection, however, the work done by temperance organizations and churches must not be ignored. Imjuiry was made by the Commission regarding this work, and in the appendices to the report are articles upon tem- perance work in Nova Scotia, New Brunswick, Prince Edward Island, Quebec and Ontario, from which statements a few interesting facts may be gleaned. The earliest form of organized temperai.ce effort in this country seems to have Vjeen the formation of a temperance society at West River, Pictou County, Nova Scotia, in 1827, when a pledge was written and signed by a few persons. On April 25th, 1828, another temperance society was organized at Be;«.ver River, Nova Scotia. The following pledge was drawn up and eight signatures to it were obtained : We, the undersig'ned, firmly believe that the use of intoxioatinjf liquors d to ost.iblish our hearts and htronjfthon our sorioiis rosolutions. After Home months more names were added. The society increased in numbers and influence, and is still in active operation. The movement thus inaugurated gn;w slowly at first, hut secured a firm place in the appreciation of th(5 people of the Maritime Provinces. That part of the Dominion is still a stronghold of advanced temperance sentiment. The first recorded temperance convention was held at Halifax in 1834. An address to the Lieutenant-Governor stated that the meeting represented 14,000 persons. The address made special reference to the fact that intemp«!r- ance was exerting a strong infiuence in perpetuating and cherishing the existence of the cholera, which was then prevalent in the town. Church temperance societies were the next phase of the movement. One was organized among Roman Catholics in Montreal in 1840. Later on the Sons of Temperance began operations. They were followed by the Independent Order of Good Templars. Other orders and organizations have also done some work, but the two ju^t named obtained the greatest hold upon the public and are still the strongest, numerically speaking. The lloyal Templars of Temperance formed by the union of some previously existing organiza- tions has lately come into prominence as an active force in a similar field. Previous to its organization the W.C.T.U. had been established, and had almost innnediately sprung into public favor. It is still wide-spread, strong and infiuential. Temperance societies have been organized in connection with nearly every church represented in Canada. Many of these churches have as organizations taken advanced positions in reference to total abstinence and total proliibi- tion. The attitude and deliverances of these bodies will be referred to more fully in Part VI, of this book. At present the legislative measures into which the Commission imjuired will receive more attention. Lfif/isfnfivf M^nMurttii. 89 CllAlTEU II. LEUISLATIVK MHASUUES. Tlie report of the Coiiiinission and tho appendices thereto contain interestin*^ HuniinarieH of tho Htatute.s that have heen enacted in Canada from time to time rehitin*; to thc^ li(juor tratHc. This information is, however, less useful than the summaries also given of existing legislation. The earliest form of license law enacted in Canada, as in other countries, sciems to have been simply the imposition of a fee, and was probably enacted mainly from a revenue standpoint. Very soon, however, the evil results of the li«luor traffic commanded attention and laws were passed restricting to some extent that tratlic's operation. At first the fees and restrictions imposed were light. They gradually increased. Higher fees were exacted ; enactments relating to manufacturers and dealers in intoxi- cants were extended so as to regulate the (juantities of li(|Uor disposed of in one act of sale, requiring the licensee to have a good reputation, limiting the number of licen.ses to be issued, discriminating between sales of liquor to l)e consumed on the premises on which it was sold and sales of liquor to be removed. The sale of liquor manufactured by the dealers from the products of their own farms was at first exempt from the operation of the law. The scope of legislation was extended ; the sale to aborigines was pro- hibited ; inspection was provided for. At first licenses were issued by the general government. This power was subsequently delegated to municipalities, liater on these municipalities were given more authority to enact regulations controlling the liquor trafiic ; but the 90 The FactH of the Case. tendency now is towards retainin*:; the right of licensing in the hands of provincial authorities. A share of the control of the local liquor traffic has been given under certain cir- cumstances to the electors interested, and local option in some form is now established in every part of the Dominion. About the middle of the present century a prohibitory agitation sprang up in the United States and spread to Canada. A number of the states enacted prohibitory laws of varying stringency. In 1855 the Legislature of Is'ew Brunswick, under the leadership of Hon. S. L. Tilley, enacted a prohibitory law which was, however, repealed before there was time to judge of its effectiveness. Early in the history of the Dominion a law of total pro- hibition was enacted for the Northwest Territories. It was very effective at the time, but its value was subse- quently much impaired by the free issue of permits, to which reference will hereafter be made. In 18G4 the Legislature of Canada passed the Dunkin Act, and in 1878 the Canada Temperance Act came into operation. The British North America Act did not define the respective powers of the Dominion Parliament and Provincial Legislatures in relation to the question of pro- hibition, and disputes in reference to the jurisdiction of these respective bodies in the matter have hitherto delayed liquor legislation. When the Commission reported, a series of questions had been submitted to the courts with the object of settling this matter, and, pending the decision, work for legislative action was at a standstill. While waiting for this decision, however, temperance people had taken up the plan of test ing public opinion by means of plebiscites on prohibition^ and the legislatures of different provinces had provided for general voting on the question. The result of these plebis- cites will be found in Part VI. Herewith is presented a summary of the present Dominion and Provincial legislation relating to the liquor traffic, and some similar information regarding the liquor laws of the United States and other countries . ,; ■>'-<\\ •- i>,> : ' .'■ ' . •■'. ; I. •- ■ .:'^i''':.-»l •»;• IDomhiioti Legislation. 91 CHAPTER III. DOMINION LEGISLATION. The li(iuor legislation of the Dominion Parliament deals mainly with the raising of revenue for national purposes. Licenses are issued to distillers, brewers, malsters and com- pounders. Excise duties are imposed upon the product of distilleries and malt houses and on beer not manufactured from malt. Customs duties are imposed upon all intoxicat- ing liquors imported. The license fee for a distillery is $250, for a brewery or a malt h(>use $100, for a compounding establishment $50. The excise duties imposed are as follows : On spirits $i • ,SO per ga.1. On malt i}^ cts. per lb. On beer made from other substances than malt lo cts. per g'al. The custom duties imposed on imported licjuors are as follows : ' On spirits including' brandy, gin, rum, whiskey absinthe, cordials, alcohol, etc $2.12^ per gal. On wines according to the following scale : — Per dozen for quarts $3 • 30 " " •' pints 1 .6s •« " " half-pints 82 In packages larger than one quart, for the amount over one quart ' -65 per gal. Also on all, 30 pe^ cent, ad valorum. On malt liquor as follows : — • Imported in bottles, per gallon 24 cts. Imported in casks, per gallon 16 cts. Vermouth and ginger wine containing not more than 40 per cent, of proof spirits, 75 cts. per gallon. If stronger, the charge is the same as for spirits. Th^ Facts of the Case. An Act providing for the licensing of the liquor traffic throughout the Dominion, popularly known as . the McCarthy Act, was passed in 1883. It was, however, declared by the courts to be ultra viresi of the Dominion Parliament, the privilege of licensing the sale of liquor being held to belong exclusively to the provincial authorities. There is a stringent Dominion law prohibiting, under severe penalties, the sale of intoxicating liquors to Indians- Another general Act provides for the prohibition of the sale of liquors under certain conditions near a public work in the course of construction. There is also in operation a law entirely prohibiting the manufacture, importation or sale of intoxicating liquors, except by special pei-mission in writing of the Lieutenant- Governor, in or into any part of the great District of Keewatin which as yet has scarcely any population except Indians and traders. The penalties for violation of this law for a first offence, range from $50 to $200, or in de- fault of payment imprisonment for a term not exceeding six months ; for the second offence the penalty is a fine not exceeding $400 and not less that $200, and also imprison- ment for a term not exceeding six months. The courts have held that the Dominion Parliament has no right to enact legislation for the licensing of the sale of liquor ; that the Dominion Parliament has authority to pass legislation prohibiting the liquor traffic ; and that a Pro- vincial Legislature has authority to enact legislation licens- ing and restricting the sale of lic^uor. The question of the authority of a Legislature to prohibit the liquor tratlic has not yet been decided. ' THE CANADA TEMPERANCE ACT. Under its right to prohibit the liquor traffic the Dominion Parliament passed in 1878 a general local option law entitled the Canada Temperance Act, more commonly known as the " Scott Act." A summary of its provisions is herewith presented. .; . ! On a petition to His Excellency the Governor-General in Coun- cil, sig'ned by one-fourth of the electors in any county or city of Canada, asking' for a vote under this Act, a proclamation is issued, .appointing- a returning officer and fixing a voting day. Voting is Dominion Legislation. 93 by ballot. If more tban balf the votes polled are in favor of pro- hibition the Act is adopted for the city or county. When half or more of the votes polled are ag-ainst prohibition no similar petition shall be voted upon for three years. The Act must remain in force three years before being- repealed. There are elaborate safeg-uards providing for secrecy in voting, preservation of the peace and prevention of corruption. The Governor issues an Order in Council bring"tng the result of the voting into operation. The Order must be issued within sixty- days from the voting- and takes effect not less than ninety days from its issue. Where adopted, the Act prohibits the selling or keeping for sale of intoxicating liquor subject to the following exceptions : — (i) Wine for sacramental purposes may be sold on a clergy- man's certificate ; (2) Liquor may be sold on a physician's certi- ficate or prescription, exclusively for medicinal purposes ; (3) Liquor exclusively for use in some art, trade or manufacture may be sold on the certificate of two Justices of the Peace ; (4) W^holesale dealers in liquor may sell in quantities of not less than ten gallons, the liquor to be inmiediately carried outside the territory in which the law is in force. Such sales, if not by whole- sale, must be only by drug-gists or vendors specially authorized, who are required to record all sales and make returns thereof to the collectors of Inland Revenue. . Everyone who directly or indirectly violates the Act shall be punished as follows : For a first offence, a fine of not less than $50. For a second offence not less than $100. For a third or subsequent offence imprisonment not exceeding two months. A medical man giving a false certificate is liable to a fine of $20 for a first offence and $40 for a subsequent offence. Employees are equally guilty with principals, and liable to the same penalty. All intoxicating liquors in respect of which offen- ces have been committed, and their packages, shall be forfeited and may be destroyed. The Act makes special and effective provision for the procedure to be taken in its enforcement. Every prosecution must be com- menced within three months of the offence. The finding of intoxi- cating- liquor, with appliances for sale, is presumptive proof of law violation. It is not necessary to prove the payment of money if the facts show unlawful disposal. The wife or husbaiul of an accused person is a competent and compellable witness. Tam- pering with witnesses or compromising offences is punishable with Imprisonment not exceeding three months with hard labor. Imprisonment is provided for default in payment of fines. 94 The FaetH of the Casd. CHAPTER TV. LICENSE LAWS OF THE DIFFERENT PROVINCES. As has been said, tlie control of the sale of intoxicatin<( li(luor is in the hands of tlie provincial legislatures and laws relating to it have been enacted by all the provinces. In neaily every instance the provinces have among their enactments provisions undei which the electors of a munici- pality or other political sub-division may prohibit the retail sale of liquor. This result is sometimes obtained by directly authorizing local bodies to enact prohibitory by-laws, some- times by giving the petition of a certain number of inhabi- tants a veto power against the issue of licenses, and some- times by requiring applicants for licenses to secure in favor of their applications the signatures of a large proportion of the electors. The municipal divisions which have local power under these provisions are generally less in area .and population than the counties and cities to which the provisions of the Canada Temperance Act may be applied. A great many places have availed themselves of the power thus given. Before the time of the making of the Com- mission's report the question of the jurisdiction of legislatures to enact such prohibitory legislation had been raised, and a series of test questions framed with a view to securing a definite decision upon that point is now before the courts. Summaries of the legislation in operation in the different provinces are to be found in th^ report and appendices. The principal provisions of them are the following : fe- Licfmse Lau's of the. Different Proviiwj'ti. 96 NOVA SCOTIA, Municipal councils appoint a chief and assistant inspectors, who must be members in g'ood standing of temperance societies. Licenses are divided into hotel, shop and wholesale licenses. They are sig-ned by the mayor or warden and chief inspector, and are limited to one year. Hotel licenses authorize sale to bona fide jfuests or lodg'crs, Jo be drunk at their meals or in their rooms. No bars are allowed. Shop licenses authorize sale in quantities not less than one pint, and not to be drunk on the premises. The fees are, for a hotel license, $150; shop license, $100; wholesale license, $300 ; brewers' wholesale license, $150. Every application for license must be made to the municipal council and accomplished by a certificate sig-ned by two-thirds of the ratepayers within a certain area. Every hotel to be licensed must have a certain number of furnished bedrooms and a well appoitited eating- house. In country places it must have also stai>ling for at least six horses besides those of the proprietors. If the first application be refused on the g-roimd of non-fitness, a second application shall not be entertained for two years. No license shall be granted to a member of a municipid council or an inspector. Each license holder must furnish two sureties to be approved liy the chief inspector, for $150 each, and enter into a bond for $500, to guarantee payment of all fines and penalties. The revenue from licenses belongs to the municipality. Hours of closing are, nine o'clock at night, and from six o'clock Saturday night until seven o'clock Monday morning. Liquor may be sold on Sundays to lodgers during meals to be used at talile but not to be drunk in their rooms. Penalties for infraction are $100 first offence ; $100 and 2 months gaol every subsequent offence. No payment except in money or by cheque may be taken for liquor by a hotel keeper, under a penalty o\' $20. Any pledge given may be recovered, or any payment made in advance, even if the liquor be afterwards supplied. There is a penalty not exceeding $50 for sale to a drunken person, or for allowing g.ambling on the premises, or for supplying liquor to a constable on duty, or to a minor. Every licenseholder who knowingly sells to a person not a licensee, liquor to be resold, shall incur a penalty of $50 and shall not be entitled to recover the price. In any municipality where there are no licenses, the council may appoint an agent for the sale of liquors for medicinal, mechani- cal and manufacturing- purposes. 96 The FacM of the. Case. Drug'g'ists are allowed to sell under certain restrictions. Near relatives, curators, etc., may require the chief inspectors to notify license holders not to sell to drunkards, minors, lunatics, etc. In case of death by suicide or accident due lo intoxication, the liquor seller is responsible for damages not exceeding' $ 1,000. NEW BRUNSWICK. Inspectors of licenses are appointed by municipal and city councils. Licenses are of two classes, tavern and wholesale. Taverns may not sell in greater quantities than one quart ; wholesale dealers not less than one pint. The license fees are fixed by the council ; but cannot be less than $50 nor more than $200 for taverns, and not less than $100 nor more than $400 for wholesale in towns and cities ; in other dis- tricts $25 to $200, and $50 to $200, for taverns and wholesale respectively. An application for license must be accompanied by a certificate signed by one-third the ratepayers of the polling division in which the place of sale is situate, the genuineness of the signatures and the qualification of signers to be established on oath. Licenses may not be granted if a majority of the ratepayers in a city, town or district petition against them. The number of licenses shall not exceed, in towns and cities, one for each 250 of the first thousand population and one for each full 500 over 1,000, in parishes, one for each 400 up to 1,200 popu- lation, and one for each full 1,000 beyond 1,200. Any council may, by by-law, still further limit the number of icenses to be issued, or may ordain that no license shall be issued. The license fees and fines shall be applied for payment of salary of inspector, and expenses incurred in carrying out the law, the balance to be paid to the treasurer of the municipality for public uses. No sale is allowed from 7 p.m. Saturday till 6 a.m. Monday, nor after 10 p.m. until 6 a.m. on the following morning, on all other nights of the week. No sale or other disposal of liquor is allowed within the limits of a polling subdivision on any day in which a vote of any kind is being taken. Selling or giving liquors to intoxicated persons, drunkenness, violent or disorderly conduct on the premises, permitting a con- stable on duty to remain on premises, or supplying him with liquors by gift or sale, is punishable by a fine of $50 ; or selling or giving liquors to a minor either for himself or any other person is punishable by a fine of $20. License Laws of the Dljf'erent Provinces. 97 License cannot be granted to sell liquor in any place where ijroceries or other merchandise are sold, or in any place connec- ted with such store. A tavern-keeper cannot be appointed to or hold office as justice o\' the peace, or be elected to serve in any town, city or municipal council, or hold any office in the appointment of any town, city, or municipal council, or be elected to, appoint or serve as a trustee ot" schools. The penalties for selling- without license are : for first offence, $50 ; second offence, $80 ; third offence, $80 and three months imprisonment, with hard labor. Magistrates may forbid sales for one year to persons who have in open court been shown to be wasting their property, injuring their health, or endangering the peace of their families. Any husband, wife, father, mother, guardian, tutor, or person in charge of asylum, hospital or other charitable institution, may require the inspector to give notice to any license dealer that he is not to sell to such persons connected with them, or under their control, as have become addicted to excessive drinking. Whenever, in any place where liquors are sold, whether legally or illegally, any person has drunk to excess, and while in a state of intoxication, has come to his death by suicide or drowning, or from cold or other accident occasioned by such intoxication, the keeper of said place, and also any person or persons who delivered to such person liquor, shall be liable to an action as for personal wrong at the suit of the legal representatives of the deceased person, who may recover not less than one hundred or not more than one thousand dollars. PRINCE EDWARD ISLAND. Temperance sentiment is very strong in the Province of Prince Edward Island. Before the enactment of the Canada Temper- ance Act by the Dominion Parliament, this province had a license law in operation. The province contains three counties and one city, in all of which the Canada Temperance Act was almost im- mediately adopted. The Legislature then passed an Act suspend- ing the operation of the license law in every place in which the Canada Temperance Act was in force. In 1891 the city of Charlottetown repealed the Scott Act by a majority of 14 votes, and for about a year there was no law in force relating to the liquor traffic which was carried on without any special legal restrictions. An attempt was made to secure provincial legislation reviving the license Act so as to make it applicable to Charlottetown. The sentiment of the province was found to be so strong in favor of prohibition, and so much averse to any legislation authorizing liquor selling, that the Legislature refused to revive the license law. Unrestricted sale of liquor however, was productive of con- sequences so serious that in 1892 the Legislature enacted a law '98 The Facts of the Case. imposing- oertain restrictions upon all persons eng-aged in liquor selling, but making no provision for the issuing of licenses, the authorization of sale, or the collection of any revenue from the traffic. This legfislation provided that any place in which liquor was sold should have but one door, and that opening' on the public street, should have no screens or curtains on any window, no stall or other partition within, and no furniture beyond a counter. The hours of opening and closing were also fixed and it was ordered that no other business than liquor selling should be conducted on the premises. This condition of affairs lasted only for a short time. The Scott Act was again adopted in Chcirlottetown in 1893 and is now the Uiw of the whole province. QUEBEC. The Quebec License Law is complicated. It provides for the issuing of licenses for temperance hotels, restaurants or bars on steamers, dining- or buffet railway cars, wholesale or retail liquor stores, railway stations or lunch counters, taverns in mining- districts, the sale of liquors by sample, the sale of wine, ale, beer, lager, porter, ; nd cider, the sale of home-made cider and wines, the trade of bottler, ;ind sale by drug-g-ists. The Provincial Treasurer may also grant special licenses for the Scile of liquors at ag-ricultural and industrial exhibitions, at pic-nics and at races. No intoxicating liquor may be sold or given in rural munici- palities, at auction sales, ploug-hing matches, fairs or political meetings, nor during municipal or school elections, except wine or beer, and that only at table during meals. License fees run from ten dollars which is the fee for a license to sell apple cider or native wines, up to eight hundred dollars, which is the highest hotel license fee charged in Montreal. Licenses grade according to their character, and the locality, between these sums. The penalty for selling liquor without licenses is $150 in Montreal, $120 in any other organized territory, and $60 in any portion of un-organized territory. Licenses are issued by the collectors of revenue. The applicant must secure a certificate of his honesty, sobriety and good repute. In some cases this application nust be signed by one-fourth of the resident municipal electors. In the cities of Quebec and Montreal a certificate cannot be obtained if a majority of the electors of the Ward petition against it. . Outside the cities of Montreal and Quebec, the certificates must be confirmed by decision of the Municipal Councils, which may refuse to confirm for g-ood reasons. In the city of Quebec the confirmation is by the police court, judg-e of sessions, or recorder. License Lawn of the I)iJ/ereiU I'rovinces. 99 In the city of Montreal by the police court, two judges of the sessions .'ind recorder, or .-my two of them. A rel.-itive or curator of any person who drinks to excess niay notify Hcensees not to sell such person intoxicating liquors. If a licensee disreg'ards this notice, the party giving- it may prosecute him for personal damages. The proprietor of a place where liquor is sold is liable to an action for damages, if a person who has become intoxicated in his establishment meets with death through some cause resulting from the intoxication. Habitual drunkards may be interdicted, and in the discretion of the court committed to an establishment for the reception of habitual drunkards. Private asylums for the treatment of liabitual drunkards are authorized by the Lieutenant-Governor, and are under official inspection. Municipal councils may make by-laws for closing at 7 p.m. on Saturdays, and 10 p.m. on other days. They may also pass by- laws prohibiting the sale of liquor within the limits ot their jurisdiction. In such cases sale may be allowed by a speci.'illy authorized person, for medicinal purposes, on the certificate of a piiysician or a clergyman. ONTARIO. The following are the principal provisions of the License law of the Province of Ontario, commonly known as the Crooks Act : — . The province is divided for license purposes into 96 districts for each of which the Provincial Government appoints three commis- sioners who have the sole right to grant or withdraw licenses, and an inspector to enforce the law. The license fees are fixed by statute. They form in each dis- trict the license fund from which the expense of administrating the license law is paid. Part of the remainder goes to the munici- palities and part to the province. Municipal councils have' power tii increase the fees, such increase to be for their own use. Municipal councils also have power to limit the number of tavern and shop licenses to be issued. Every applicant for license for premises not previously under license is required to produce a certificate signed by a majority of the electors of the polling subdivision in which the premises sought to be licensed are situate, to the effect that the applicant is a fit and proper person to be licensed, that the premises are suitable and are situate in a place where the carrying on of the business will not be an anoyance to the general public. Licenses are divided into shop, tavern and wholesale. Shop licenses authorise the sale of liquor not to be consumed on the premises and are confined to places in which no othergoodsare sold. The holder of a tavern license is required to have certain accom- modation for guests. . ,^_ . 100 . The Facts of the Cuse. No liciMisos arc ^rantod to vessels or ferries, nor to license com- missioners or inspectors. Heer and wine licenses are jj ranted for a reduced fee to persons to sell lajfer beer, ale, porter and native wines containing not more than fifteen per cent, of alcohol, or lijcht foreig^n wines con- taining' not more than fifteen per cent, of alcohol, in quantities less than one quart. Chemists and druggists registered under the Pharmacy Act are permitted to sell liquors for medicinal purposes in quantities of not more than six ounces, such sales to be recorded in a book kept for the purpose. Unincorporated societies or clubs and those incorporated under the Act respecting benevolent, provident and other societies, together with their members, are prohibited from selling or keeping, or having liquors upon their premises for sale or barter. Sales of liquors in licensed premises are prohibited from the the hour of 7 o'clock on Saturday night until 6 t)'clock on Monday morning, and on all election days. A license commissioner or inspector or license holder is not eligible to a seat in a municipal council. Sales of liquors to minors under 18 years of age are prohibited, and also to those under the age of 21, after notice not to do so from the father, mother, guardian or master. Inn-keepers and holders of licenses are liable to the legal representatives of a deceased person if he has come to his death by suicide or drowning, or has perished from cold or other ciccident while in a state of intoxication, and having become so intoxicated on the premises of such inn-keeper or holder of license. Search for liquor may be made either with or without warrant in all unlicensed places where liquors are suspected of being sold, and if liquors are found they may be confiscated and destroyed. It is the duty of every officer, policeman, constable or inspector, in each municipality, to see that the several provisions of the Act are duly observed. Municipal councils may by by-law ratified by the electors, pro- hibit wholly the issue of any tavern or shop license within the boundaries of the municipality. Habitual drunkards may be interdicted as in Quebec, or may be committed to places licensed by the Government for their inter- diction, the expense being borne by their friends. MANITOBA. The license law of Manitoba is much like that of the Province of Ontario. The principjil provisions of a different nature being the following : — ; ■ ' An applicant for ci new license in a rural place must present a certificate signed by sixteen out of the nearest twenty house- License Laws of Different Provinces. 101 holders to the place in which he proposes to sell liquor. The re- newal of a license may be prevented by a petition sijjned by eig^ht out of the nearest twenty householders. The statutory license fees are paid to the Provincial Govern- ment. Municipalities may by by-law require licensees to pay toward the municipal revenue such sums as they may determine not greater than the provincial license fees. Municipal councils may pass by-laws prohibiting the sale of liquor within their respective limits. Such by-laws shall be sub- mitted to the electors on a petition of twenty-five per cent, of them. A three-fifths vote shall be necessary to secure the adop- tion of the by-law. Such a by-law, or the repeal of it must remain in force at least two years and cannot be changed except by the same formalities as those through which it was adopted. The penalties for violation of the 1 w are : — F'or a first offence from $50 to $250, for a second offence from $200 to $500, for a third offence from $500 to $1,000; proportionate imprisonment is provided in case of default. NORTH- WEST TERRITORIES. The principles and methods embodied in the license laws of Ontario and Manitoba have been followed in the license laws of the Northwest Territories, the following being the principal points of difference : — An applicant for a license outside a town must present the recommendation often out ot the twenty householders nearest to his premises, ana certain affidavits that he is twenty-one years of age, has never been convicted of felony, etc. The license fee is $200, to be paid to the Government. Town municipalities may require the payment for their own purposes of an additional amount, not in excess of the government fees. The local option provisions of the law are similar to those of Manitoba with the difference that the petitioners for the taking of a vote on a by-law must pay to the commissioners $200 to defray the expense of the voting. , BRITISH COLUMBIA. In cities licenses are granted by a board of license com- missioners, composed of the mayor (or substitute), the police magistrate, an alderman, and two justices of the peace chosen by the council. In township or district municipalities, licenses are granted by a board of commissioners composed of the reeve (or substitute), two councillors, and two justices of the peace chosen by the council. To obtain a license in a city, a petition has to be sent in to the board of license commissioners by the applicant, and also a petition or requisition signed by two-thirds of the lot owners, and two-thirds of their wives (if any), also by at least two-thirds of the (7) 102 The Facts of the Case. resident householders' and their wives living u'ith them (if any) on the block of land within which the place to be licensed is situated, and the same proportion of the same classes on the block on the same street opposite the premises to be licensed. In the case of a corner house being proposed to be licensed, the same classes in the same proportions opposite to each front of the said house have to sign the requisition. No new license can be issued in any city or town municipality containing a population of less that i,ooo, unless in addition to other requirements and provisions, a petition or requisition in favour of the granting of such license, signed by at least two-thirds of the lot owners and resident householders, and the wives of such lot owners and householders living with them within the city or town municipality in which the premises sought to be licensed are situated, shall be presented to the board of licensing commis- sioners. The holders of licenses issued prior to the passing of the Municipal Act of 1891, namely, 20th April, are not required to make application for a renewal of their licenses. They simply require to pay each six months the amounts of their license fees, and apparently their licenses continue, except under the con- ditions hereinafter referred lo. No new license is granted or renewed for a longer period than six months, and no such license is saleable or transferable under any conditions. A stipendiary magistrate may, in open court held in the county within which the person concerned resides, prohibit the selling by any licensed person of liquor to a drunkard, the law defining the meaning of the term "drunkard,' and inflicting penalties for selling or procuring, contrary to such order, liquor for such drunkard, except under the direction of a medical practitioner or minister of religion. The drunkard may himself make application for such order. Penalties are imposed upon licensed vendors selling to intoxicated persons. Prior to the law of 1891, there does not appear to have been any provincial enactment prescribing the hours of opening and closing licensed places, or against the sale on Sunday or any part of Sunday. The municipal councils had, it is true, been empowered to make by-laws in regard to these matters, but it would appear that the municipal authorities had taken no efficient action on the subject, seeing that the Provincial Legislature found it necessary in this year (1891) to enact that there should be no selling in licensed places between eleven o'clock on Saturday night and one o'clock on Monday morning. License fees are fixed by the Provincial Government, but are paid to the municipal authority of the municipal districts in which they are issued. They vary, according to their character and locality, from $50 to $200. The provincial law does not contain any local option provisions, and, as nearly all the licenses were issued prior to the change in the law made in iJ>9i, only those seeking new licenses are required to obtain the petition or recommendation of the lot owners and householders provided for in the law. The number of licenses which may be issued is not restricted under the g^eneral law, but selling to drunkards, minors and Indians is prohibited. Liquor Laws of the United States. 103 CHAPTER V. LIQUOR LAWS OF THE UNITED STATES. (( (( In the United States the laws relating to the liquor traffic are enacted by the separate states. The national government imposes certain taxes upon all liquor dealers, custom duties upon imported liquor and excise duties upon manufactured liquor. The taxes imposed other than cus- toms and excise duties are the following : Wholesale liquor dealers $100 00 per year. Retail liquor dealers 25 00 Wholesale dealers in malt liquors . . 50 00 Retail dealers in malt liquors 20 00 Manufacturers of stills are also taxed. The duties on liquors manufactured are, ninety cents per gallon on spirits, and one dollar per gallon on fermented liquors. The national government exacts these taxes and duties everywhere, regardless of whether the parties paying are in states that license the liquor traffi^c or states that have pro- hibitory laws. General prohibitory laws are in force in several states, namely, Iowa, Kansas, Maine, New Hampshire, North Dakota, South Dakota and Vermont. Prohibition is also the law in Alaska and the Indian Territory under special enactment of the general government. All the other states excepting South Carolina and Ohio have license laws. South Carolina has a dispensary law under which the liquor traffic is carried on by government officials. Ohio has a tax law which practically is the same thing as license legislation. / 104 The Factg of the Case, Local option, that is, prohibition in certain localities, exists in different forms in the following states : Alabama, Arkansas, California, Colorado, Florida, Georgia, Illinois, Kentucky, Louisiana, Maryland, Massachusetts, Michigan. Minnesota, Mississippi, Missouri, Montana, Nebraska, New Jersey, New Mexico, New York, North Carolina, Ohio, Oregon, Pennsylvania, South Carolina, Tennessee, Texas, Virginia, Washington, Wisconsin. The majority and minority reports both discuss at much length the provisions and working of the prohibitory and license laws in operation in these states. A good deal of the information that is scattered through the evidence of many witnesses is much more intelligently condensed in a summary of the license and prohibitory laws in force in 1891, as given in the Hand Book of Prohibition Facts, an interesting manual edited by W. F. Copeland and published by the Funk k Wagnalls Co., of New York, London and Toronto. This summary is as follows : PROHIBITORY LAWS. The following' is a brief summary of the laws, constitutional and statutory, in force in states that are under a general prohibitory law throughout their entire extent. It does not aim to be com- plete, but only to present the principal features of each State's laws. Maine. — The Constitutional Amendment, adopted September 8th, 1884, provides : " The manufacture and sale of intoxicating liquors not including cider, and the sale and keeping for sale of intoxicating- liquors, are and shall be forever prohibited. Ex- cept, however, that the sale and keeping- for sale of such liquors for medicinal and mechanical purposes and the arts, and the sale and keeping- of cider, may be permitted under such rules as the leg-islature may provide." Previous to the passage of the Con- stitutional Amendment, a statutory prohibitory law had been in force since 1851, except two years, from 1856 to 1858. The Con- stitutional Amendment is reinforced by stringent statutor}' laws, among the features of which are : Imprisonment two months and fine of $1,000 for manufacturing intoxicating liquor for sale (except cider) ; peddlers taking orders fined $20 to $500 ; trans- porting liquors illeg-ally, $50 fine ; common sellers fined $50 and imprisoned 10 days for first offence, for subsequent offences, 6 months and $200 ; an officer may seize without a warrant liquor intended for unlawful sale ; for advertising liquors, $20 fine ; the possession of a United States permit is prima facie evidence of common seller ; bringing- liquor into the State, or carrying it about, $500 fine ; keeping drinking place, $100 and 60 days ; ■ , . ./: J.-. V-- - > ■■ .- ill ^;»*ifc'v' Lupior Laws of the United States. 105 ag'ents are appointed to sell for medicinal, mechanical, and manu- facturing' purposes only, under bond of $600, and if convicted of illegal selling, they are disqualified for the position. Vermont. — A statutory prohibitory law has been in effect since 1852, though it has been amended and strengthened from time to time. No Constitutional Amendment has ever been submitted. Agents are appointed to sell for excepted purposes as in Maine, under bond of $600 ; if anyone sells liquor in violation of law, he forfeits $10 for first conviction, $20 and one month imprisonment for second, $20 and three to six months for third ; common seller, first conviction $100, subsequent convictions, imprisonment four to twelve months ; bringing liquor into the State, $20 ; second conviction $50 and three to ten months ; places where liquor is kept and sold unlawfully are common nuisances, and shall be abated as such ; tenant engaged in unlawful traffic forfeits right to premises ; lessor knowingly permitting such use, fined $20 to $200 ; officer neglecting to prosecute, fined $20 to $100 ; pay- ment of United States special tax prima facie evidence of being a common seller, and of the place being a nuisance. New Hampshire. — The prohibitory law is very defective, pro- liibiting sale only, and not manufacture. It was passed in 1855. Town agents may sell spirituous liquors to be used in the arts, and for medicinal, mechanical and chemical purposes and wine for the sacrament, only ; a person not a town agent who shall sell or keep for sale spirituous liquors shall be fined $50, and for subsequent offences, $100 or 90 days' imprisonment or both ; com- mon seller, fined $100 and imprisoned not more than six months ; exposing signs, bottles, liquor labels, or a United States special tax receipt is prima facie evidence of violation of liquor law ; domestic wine or cider — except to be drunk on the premises — is not prohibited, nor are sales of *' original packages " as imported into the United States. A Constitutional Amendment was submit- ted in 1889, but was defeated. Kansas. — The Constitutional Amendment, passed November 2nd, t88o, provides : "The manufacture and sale of intoxica- ting liquors shall be forever prohibited in this State, except for medicinal, scientific, and mechanical purposes." Only druggists are permitted to sell for excepted purposes, under bond of $1,000 not to violate the law ; petition for such permit must be signed by 25 reputable women over 21 years of age ; a physician prescrib- ing or administering liquor in evasion of the law is fined $100 to $500 or be imprisoned 10 to 90 days ; purchaser must make affi- davit that he wants liquor for medicine and not for beverage ; to manufacture for excepted purposes, one must have petition signed by 100 voters, and file bond for $10,000 not to sell except to duly authorized druggists ; persons selling without permit fined $100 to $500 and imprisonment 30 to 90 days, and a druggist not keep- ing a record of sales, the same ; places where liquors ;iro sold or manufactured unlawfully are nuisances, and the county attorne}' or any citizen may maintain action for abatement, and injunction 106 The Facts of the Case. sh;i.11 be granted at commencement of each action, without bond ; persons violating" an injunction fined $ioo to $500 and imprisoned 30 days to six months ; any person causing the intoxication of another person is liable for the charge of the intoxicated person and $6 a day besides ; the county attorney may summon anyone he believes to have knowledge of a violation of the law ; county attorneys failing to prosecute violations of the law are fined $100 to $500 and imprisoned 10 to 90 days and forfeit their offices ; any person (not duly authorized) who receives an order for liquor shall be punished for selling ; druggist selling to a person who he has been notified by relatives uses liquor as a beverag"e, pun- ished as a seller ; treating or gfiving liquor to any minor, pun- ished by a fine o\ $100 to $300 and imprisonment 30 days to six months ; common carriers knowingly delivering liquor to a person to be used unlawfully, $100 to $500 fine and 30 to 60 days' impri- sonment ; selling liquor in soldier's homes, $500 fine, or imprison- ment one year, minimum or both. Iowa. — A Constitutional Amendment was adopted in 1882, but was invalidated through a clerical error that occurred in the jour- nal of the Legislature. A statutory law was passed in 1884, and strengthened by further enactment iik 1886 and 1888. District Court may issue permits for the sale of intoxicating liquors for pharmaceutical and medicinal purposes, and wine for sacramental purposes ; notice of application for a permit must be published three weeks in a newspaper of the city, town, or country ; bond $1,000; permits are deemed trusts reposed in the recipients, not as matters of right, and may be revoked by the court upon suffi- cient showing ; a permit-holder must obtain through the county auditor a certificate authorizing him to purchase liquor ; any per- son making false representation upon papers required under the Act is fined $20 to $100 or imprisonment 10 to 30 days; selling without permit, by any device, $50 to $100 for first offence, $300 to $500 with imprisonment not exceeding six months for subse- quent offences ; in cases of unlawful manufacture, sale, or keep- ing, the building or ground in which it happens is a nuisance, and the user is fined not over $1,000 ; any citizen of the county may maintain an action to abate and perpetually enjoin the same, and any person violating such injunction shall be fined $500 to $1,000, or imprisoned not more than six months, or both ; after conviction of keeping a nuisance any person engaging in such unlawful busi- ness shall be imprisoned three months to one year ; keeping a United States revenue permit posted in any place of business is evidence that the person owning it is engaged in unlawful selling ; transporting liquor without a certificate from the auditor designa- ting for whom it is intended, and that the party is duly author- ized to sell for legitimate purposes, fined SJioo; keeping a club or place where liquors fire distributed, fined $100 to $500 and imprisonment 30 days to six months ; persons making false state- ments to procure liquor of those authorized to sell, first offence $10 fine, second offence $20 fine and imprisonment 10 to 30 days. North Dakota.— The Constitution, adopted in 1890, provides: " No person, association or corporation shall within this State Liquor Laws of the Uidted States. 107 tn.'inuf'acture for sale or for gift any intoxicating liquor, and no person, association or corporation shall import any of the same tor sale or gift, or keep or sell, or offer the same for sale or gift, barter or trade, as a beverage. The Legislative Assembly shall by law prescribe regulations for the enforcement of the provisions of this article, and shall thereby provide suitable penalties for the violations thereof." Any contravention of this constitutional prohibition is punished for the first offence by a fine of $200 to $1 ,000 and imprisonment 90 days to one year ; subsequent offences, imprisonment one to two years ; county judges iss.'*^ o registered pharmacists permits to sell intoxicating liquor for medicinal, mechanical and scientific purposes, and wine for sacramental purposes ; a physician may prescribe liquor for a patient in absolute need of it, otherwise prescribing it is fined $500 to $800 with imprisonment 30 days to six months ; sales by permit-holders are made upon printed affidavits minutely specifying intended use, and a false affidavit is punishable as perjury, by six months to two years' imprisonment ; re-selling liquor obtained under such affidavit, $100 to $500 fine with imprisonment 30 to 90 days ; druggists failing to record sales for inspection, or selling illegally, $200 to $1,000 fine, 90 days to one year imprisonment, and disqualified to have permit again for five years ; State attorneys tailing to prosecute violations of the law, $100 to $500 fine and 30 to 90 days* imprisonment and forfeiture of office ; places where liquors are sold or kept in violation of law are nuisances, and upon establishment of the fact shall be abated, injunctions being ■granted at the beginning of action, violation of injunction punished as illegal selling ; clubs punished same as illegal sellers ; giving away liquor or evasions of the law, deemed unlawful selling ; treating or giving liquor to a minor, punished as illegal selling ; carriers of liquors to be sold contrary to law, $100 to $500 fine and 30 to 60 days' imprisonment. South Dakota. —The Constitution, adopted in 1890, provides : " No person shall manufacture or aid in the manufacture for sale, any intoxicating liquor ; no person shall sell or keep for sale, as a beverage, any intoxicating liquor. The legislature shall by law prescribe regulations for the enforcement of the provisions of this section, and provide suitable and adequate penalties for the violation thereof." The statutes provide that a violation of the foregoing shall be punished by a fine of $100 to $500 and impris- onment 60 days to six months ; county judges may issue permits to registered pharmacists to sell for medicinal, mechanical, scien- tific and sacramental purposes ; any person signing a druggist's petition for a permit, knowing him to be in the habit of becoming intoxicated, or not in good faith in the pharmacy business, is fined $50 to $100, and a county judge granting a permit to such an applicant is fined $500 to $1,000; any officer wilfully failing to perform duties imposed by this law, is fined $100 to $500, impris- oned 60 days to six months, and forfeits his office. Injunction provisions are same as in North Dakota. 108 The Facts of the Case. EXTENT OF TERRITORY COVERED BY PROHIBITION. The states included in the foreg'oing' summary have an aggre- g'ate area of 339.460 square miles, and an ag-g-regate population of 5,220,477 people. This does not include Alaska, with its 577.390 square miles of territory and 31,795 inhabitants, nor Indian terri- tory, with its 31,400 square miles of territory .and 74,997 inhabi- tants. Adding- those to the states named the total territory covered by prohibitory laws is 948,250 square miles, or 26 per cent, of the entire domain in the United States. The population is 5,327,269, or about 9 per cent, of the total population. This does not take into account the territory under local prohibition laws which is considerable — probably as much more, with a popu- lation fully as g-reat. It is not possible, however, to make an accurate estimate from data at hand. PRESENT LICENSE LAWS OF DIFFERENT STATES. The main features of the liquor laws in force in the several states, amount of license fees and of bonds, the local option pro- visions, and the principal prohibitions under each law, have been summarized in the following table, which is explained by the key at the bottom : Alabama.— R 125 to 300 : a, c, d. 10, n. Alaska.— Prohibition by an executive order issued May 4, 1887, by President Cleveland through Secretary of the Treasury Fairchild. Arizona.— R 40 to 200 ; a. d, e, i. Arkansas. -R 8(K) ; L O c ; a, e,f, t\ <. California.— R (K) to 480 ; L O c or ni ; q, i\ a, t, o. x, d, i. Colorado.— R (500 min. in cities^, 500 min. in towns, 300 inin. in coun- ties ; R 2,000 ; n, e, d,f, r\ i, t\. z, y, x. CONNKCTICUT.— R 100 to 500 in cities, 100 in towns ; LO m ; p, rf, 9, y, z, u, ij, w. Dklaware.— R 100, 300 ; houses licensed, not persons; y, x, a, c, a, ). District of Columbia.— R 100 ; «,/, rf, y, z, t. Florida.- R 500 ; L O c & ni ; a, rf, d*, x, rt. Georgia.— R .50 min. ; B 500 : L O c ; o, d, x, y, r, s. Idaho. -R 100 to 200 . c, d, d*, g, y, i, x. Illinois.— R 500 min. ; B 3,000 ; L O m ; i, a, b, c, d, d*, o, p, Indiana.— R 350 max. in cities, 150 max. in towns ; B 2,000 ; a, d, d*\ g, x,y, z, u, V. Indian Territory.— Prohibition by acts of Congress relating to the different tribes. Iowa.— Prohibition, see page 106 Kansas.— Prohibition, seepage 105. Kentucky.— R 150 ; L O c & ni ; a, n, y, v, r, i, d. Louisiana.— R 50 to 750 ; LO c; a, x, d. M\INE.— Prohibition, see pae:e 104. Maryland.— R 200 ; a, a*, h*. Massachusetts— R 1,000 min, ; licenses limited to 1 in 1,000 population (1 in 500 in Boston) ; L O ni ; a, a'', d, y, z, s, i\ Michigan.— R 500 ; B 1,000 to 6,000 ; hO c; a, e, d, i, g. y, z, x. Minnesota,- R 1,000 in cities; 50C in towns; B 2,000; a, d, d*, n, i, JC It 2 kississiPPL— R 200 to 1,000 ; B 2,000 ; L O c or m;a,g, i, k* n. r, <. x, y. Missouri.- R 50 to 400 State, 500 to 800 co., no limit m. ; B 2,vaJ0 ; L O c & m * Cl lit /* 7Yh 'it 3C IJ* ' Montana,' -11 100 to 500 ; L O c ; a, a*, c, d, i,f, q,t*,x. Nebraska.- R 500 min. ; 1,000 min. in cities ; I.. O m ; a, b, c, d, e, x, y^ i, i, V. Lifjuor Laws of the United States. 109 Nevada.— R 120; a, c, e, i, k, t, x, z. New Hampshire.— Prohibition of sale (not manufacture), sec page 105 New .IKR8KY.— R 100 to 250 ; L O m ; a, rf. New Mexico.— R 100 to 400 ; L O m ; a, d, e*, u, i, n, jr. New York.— R 30 to 150 in towns, 30 to 250 in cities ; B 250 ; L O m (at the discretion of the excise commissioners) ; a, d, e, i, p, x, y, ce. North Carolina — R 100: L O c & ni ; a, a, t, r, y, v, r*. North Dakota.— Prohibition, see pa^c 106. Ohio.— R 250 ; L O m ; a, a*, g, h\, q*, t, u, v, .r, y^, (e*. Oklahoma.— U 250 to 750 ; a, r, rf, v, x, y. Oregon.— R 400; B 1,000 ; L O ni ; a, a*, d, rf*, «, m, y. Pennsylvania.— R. 75 to 500 (in citius Ist and 2nd class 1,000) ; B 2,000; Rhode Island. -R 200 to 400 ; B 2,000 ; L O m ; a, d, A, y. South Dakota.— Prohibition, see page 107. Tennessee.— R 150 to 200 ; a, b, rf*, t, g. r, s, U «. V- Texas — R 600 ; B 5,000 ; L O c & m ; a, rf, e, j, m, q, x, y. Utah.— R 600 to 1,000 ; B 100 to 1,000 ; a, b, c, e,J, m, q, v, x, y. Vermont.— Prohibition, see page 42. Virginia.— R 75 to 125 ; L O m : a, r, x, ;/. Washington.— R .300 to 1,000 ; L O in ; a. West Virginia.- R 350 State (cities and towns may increase ad lib ) ; a. c, rf. V, X, y. Wisconsin,- R 100 to 200 ; B 500 ; L O on increasing fee ; a, rf, e, i, g, t, V, X, y. Wyoming . — R 150 to 300 ; rf, g. x, y. R. Retail liquor licence or tax yearly (min., minimum; max., maxi- mum). B. Bond required to be given by licensees. L. O. Local Option (c, by counties ; m., by municipalities). a. Prohibition of sales to minors ; a*, sales by minors ; at, minors pro- hibited from buying, b. Prohibition of sales to apprentices ; b*, to stu- dents, c. Prohibition of sales to persons of unsound mind. rf. Prohibition of sales to drunkards ; rf*, intoxicated persons, c. Prohibition of sales to Indians ; e*, except Pueblos. /. Prohibition of sales to United States soldiers, g. Prohioitioii of sales to prisoners, h. Prohibition of sales to women, h*, of sales by women ; hi, of sales to women in order to induce illicit intercourse, i. Prohibition of adulteration of liquors, i*, of beer. ./. Prohibition of screens ; j, during illegal hours, k. Prohibition of treat- ing ; k*, by candidates. /. Prohibition of tables and chairs in saloons ; /* of selling at tables, m. Prohibition of music, n. Prohibition of certain specified games, o. Prohibition of selling in State Capitol, p. Prohibi- tioti of selling in an^J public buildings, q. Prohibition of selling at con- certs, theatres, etc.; q*, of selling in brothels, r. Prohibition of selling within a specified distance of a church, s. Prohibition of selling within specified distance of a school or institution of learning, t. Prohibition within specified distances of certain public institutions ; t*, of a railway in process of construction ; ti, of a laborers' camp. u. Prohibition of selling within certain distances from a fair ; u*, except in cities of 500,000 population, v. Prohibition of sales within a speciflen distance of a camp meeting ; v*, of a political meeting ; I't, prohibition of all selling in case of a riot. n\ Prohibition of selling in a dwelling-house, x. Prohibition of selling on election day. y. Prohibition of selling on Sunday; ^*, un loss city councils suspend it. z. Prohibition of selling within certain hours of the night, at. Common carriers prohibited from employing per- sons addicted to intoxicants ; o;*, as engineers. STATE MONOPOLY IN SOUTH CAROLINA. At the time of the Commission's inquiry the State of South Carolina was making an experiment in state control of the liquor traffic. The measure under which this was done was popularly called the Dispensary Law. It was no The Facts of the Case. entitled "An Act to Prohibit the Manufacture and Sale of Intoxicating Liquors as p. Beverage in thia State Except as Herein Permitted." Under it a State Commissioner was appointed to superintend the traffic. Pure liquor was o be purchased by him for the state from manufacturers and sold to county dispensers. The latter were to be appointed, one for cttch county, except in the county of Charlestown, including the city of Charlestown, in which there might be ten, and in the county of Richland, including the city of Columbia, in which there might be three. These county dispensers were to be permitted to sell liquor only in unbroken packages, at a fixed profit, each dispenser to apply for the quantity wanted in writing and all applications to be filed. The profits of sales by the state commissioner were to go to the state, the profits of sales by county dis- pensers, after paying expenses, were to be equally divided between the county and the municipality. Except as thus provided no sale was to be permitted, and manufacturers were not permitted to sell except to the state commissioner or for export. The constitutionality of this law was in question and its enforcement was therefore difficult. No information was obtained as to its success or otherwise. Previous to the enactment of the dispensary law. South Carolina had local option for cities, towns and villages having charters. Outside such places the state was under prohibitory law. ...... A t» (, ■• ->■■■■, rtd' Liquor Laws of other Contttrie.'t. ui CHxVPTER VI. LIQUOR LAWS OF OTHER COUNTRIES. The personal investigations of the Royal Commission were confined to Canada and the United States. The reports however deal to some extent with the liquor laws of other countries, which in most cases differ from those already set out only in unimportant details. BRITISH LEGISLATION. There is very little information given regarding Great Britain. A summary of the License Act of 1872 contains a reference to the salient features of that measure. There is also mention made of the Sunday closing and other amend- ing Acts. Tables are submitted showing the ratio of licenses to the population in different localities, the range being from about two to about twelve per thousand. A synopsis is also made of the Local Control Bill and the Sale by Authorized Companies Bill, which were introduced into Parliament in 1893, but did not become law. The report is strikingly barren of information regarding the working of different liquor laws, and the lessons to be learned from the operation of any changes in them, either in the direction of restriction or relaxation. It is needless to spend any time over this part of the report. There are in Great Britain a number of small localities in which prohibition is in force through the determination of large land proprietors to allow no sale of liquor on their estates. Some reference to the results of this kind of pro- hibition is to he found in the minority report. 112 The Facts of the Case. lleference is made to the liquor laws of the British pos- sessions in different parts of the world. They present no peculiar features. In most colonies the liquor laws rigor- ously prohibit sale to aboriginies. Some of thes6 laws contain important local option features. There is however no information of any special value as to the extent to which this power is exercised, or as to the results of the prohibition thus secured, or the results of the license law restrictions. PITCAIRN ISLAND. There was submitted to the Commission an interesting paper by F. R. Lees, Ph. D , F. S. A. E., setting out the peculiar system of government in force in Pitcairn Island, which legislation provided for the total prohibition of the manufacture, importation and sale of intoxicating liquors. Pitcairn Island had a peculiar history. It is comparatively small, but the prohibition there was complete and the results remarkably beneficial. The report contains some information about Pitcairn not relating to the question under discussion, and publishes none of the valuable infor- luation supplied by Dr. Lee's article. FRANCE AND GERMANY. The extent of the liquor traffic in France, and the legis- lation relating to it, were discussed to some extent in a summary made by Mr. Gigault, one of the commissioners, of certain reports of commissions of investigation appointed in France to enquire into the liquor traffic. The most important information to be gathered from these docu- ments is the fact that the consumption of alcohol has been rapidly increasing and that it is attended with frightful mortality and other alarming results. Under the heading of liquor selling places (debits) the report under considera- tion, says : If the bouilleurs de cru (persons selling' liquor made from fruits which are their own produce) are the scourg-e of the rural districts, the dealers in liquors are undeniable the plag"ue of the cities ; at the present time they burst forth in the smallest villages. Their increasing numbers become a universal ground of anxiety and are one of the recognized causes of drunkenness. We know how readily, even when his inclination does not point Liquor Laws of other Countries. 113 in that direction, the workin^j^man who is addicted to drink suffers himself to be drawn into the saloon. In 1881; there was, at a medium, 94 inhabitants for every saloon (d^bit). The French Temperance Society has asked that there should be not more than one debit for each two hundred inhabitants. The French commissioners, while refraining from recom- mending monopoly, believed that the best results would be attained by a monopoly of the traffic in spirits by the state, accompanied with legislation freeing from taxation such liquors as wines, beers and ciders. They recommend that license fees should be increased fourfold. An appendix to the report contains an epitome of the German legislation relating to the manufacture and sale of intoxicating liquors. It is not accompanied by any infor- mation as to its working or results and has therefore little importance. SWITZERLAND, MONOPOLY. Mr. Gigault's report deals to some extent with the ques- tion of government monopoly of the liquor traffic. In Switzerland this plan has been tried. The report says : The federal government receives the whole revenue from the wholesale taxes, and customs, and the net income is divided among- the cantons in proportion to the population. The latter are required to devote ten per cent, of the funds to combatting drunkenness and its effects. Three objects were sought by the introduction of the monopoly : — (i) to restrain consumption ; (2) to furnish pure spirits; and (3) to obtain a larger income for the cantons. From the information at hand, it does not appear that the first object has been largely realized, nor could this in any reason be expected as long as the monopoly has no power to restrict or even supervise the actual consumption of spirits. Only one canton, that of the town of BA,le, has given its government the monopoly of the retail trade in spirits ; but it is not clear that the effect has been to diminish the number of public houses nor the consumption of intoxicating liquors in this canton more than any other part of Switzerland. The root of the evil is left to flourish. As a financial scheme, the monoply has been a great success. The revenue derived from the traffic is not, as already remarked, at the disposal of the federal government, but must be divided among the several cantons. In other words, the federal government has all the care and trouble of the monoply, while the local governments spend the surplus, which they have not even been obliged to collect. The only provision relating to the ..JS.-J-iWlv lU The Facta of the Case. manner in which the money shall be spent is thjit every canton must devote one-tenth of its shjire to combatinjf the evils of alcohol. The cantons allow themselves great liberty in interpret- ing' the phrase '* evils of alcohol." NORWAY AND SWEDEN. There only remains to be considered the system in force in Scandinavia, to which the Commission has paid a great deal of attention. It is sometimes spoken of as the Crothenburg System. The term most correctly describing it is probably the " Company System." It prevails through- out Norway and Sweden. The history of the liquor traffic in these countries is instructive. The most commonly used intoxicant is " brandevin " a term commonly translated "brandy "and applied to a liquor made from corn and potatoes, contain ing from 44 to 50 per cent, of alcohol. The distillers for the manufacture of this brandy were at one time very numerous. As late as 1883, there were in Sweden 9,576 stills in the country districts, and 151 in the cities. The present system may be briefly described as follows : — In Sweden sale for consumption goes on under what are called bar licenses. In large towns the magistracy and municipal council, and in less populous places the magistracy and general assembly of the people, at an open meeting decide as to the number of licenses to be issued. These licenses are offered at auction upon a given day, one at a time, and awarded to the persons offering to pay the largest tax on the probable consump- tion. The municipality may, instead of selling by auction, create a monopoly of retail and bar liquor,selling by turning all the licenses to be issued, over, under certain conditions to a company for a fixed period, usually three years. Licenses, however, may be revoked at any time for cause. The proceeds of the licenses are divided between the town government and the local municipality. In Norway, in country districts bar licenses are issued only to inns necessary for travellers, and liquor must not be sold under them to any person living or staying nearer than three and one- half English miles from the licensed premises. One, or several, or all of the licenses issued in any place may be granted to a company that will bind itself to devote the possible surplus of the license to objects • of public utility and according to by-laws duly approved by the authorities. , > ' ' ■ ■ -■■^ Under both these systems, companies are formed which bid for, and purchase all the licenses in a given district. Liquor Laws of other Cmcniriea. 115 These companies carry on the traffic under regulations which require them to take from the business only a small proportion of profit. The by-laws of these companies must be approved by municipal councils and sanctioned by the king. They provide that the surplus of profits shall l)e applied for useful public and charitable purposes. The dis- tribution is generally made among the national, county and municipal governments, agricultural societies, and charitable and philanthropic organizations. This system applies only to spirituous liquors. The sale of fermented liquors may still be licensed. Both Norway and Sweden have local option laws under which prohibition largely prevails in rural localities. In subsequent chapters of this work, dealing with the effects of the different systems of liquor legislation, it will sometimes be necessary to refer to further details of the different laws that have just been summarized. The object of the present part is simply to give a brief outline of the different systems in operation, and to indicate the places in which they have been tried. PART III. The Result of the Measures which have been adopted to Lessen, Regtilate or Prohibit the Traffic, CHAPTER I. LEGISLATIVE METHODS IN GENERAL. ■ The connection between the liquor traffic and the evil of intemperance is clear. (See Chapter 8 of Part L) The main object of the Commission's inquiry was the extent to which laws have lessened intemperance by curtailing the traffic. The majority report affirms that license laws are most effective in this direction. The minority finds that prohibitory laws have produced the best results. With the exception of the system in operation in Pit- cairn, no example of absolute prohibition was found, all other prohibitory laws permitting sale, under some circum- stances, for specified purposes. Every license law examined had certain prohibitory features which were admittedly the beneficial parts of these laws. There is, however, the broad general distinction that prohibitory laws aim to prevent the sale of liquor for beverage purposes, while license laws provide facf'^'ties for such sale. High license is a modifica- tion with special financial features supposed to further limit the traffic. The state monopoly and company systems embody the same general principles as do license laws. Another modification of this restrictive permissive system (8) 118 The. Facts of the Case. is the plan of prohibiting the sale of ardent spirits, or pro- moting or encouraging the traffic in beer, wine, cider and such beverages, on the ground tlu^o these milder liquors are less dangerous than the others. These different forms of restriction, and the most important experiments in prohibition, will be treated in separate chapters. An important matter that affects nearly all these systems, may however be here considered. Tt is an unfortunate tendency that finds fullest scope under license and is discussed as follows in the minority report : — LAWLESSNESS OF THE TRAFFIC. It is shown that licensees, except in very rare instances, persis- tently disreg'ard the restrictive features of license laws, and the illicit sales by both licensed and unlicensed vendors are general, and do not cause surprise. The evidence in all Canadian license cities visited is strong- on these points. Montreal, Canada's larg- est city, may be quoted in illustration of the general and system- atic defiance of the liquor law, both by licensed and unlicensed vendors. Major E. L. Bond, president of the Citizens' Law and Order League, which was organized in 1888 for the purpose of assisting in the better "enforcement of the law prohibiting the sale of liquor to minors, enforcing the observance of the law regulating the liquor traffic and public morals, and to do that work in concert with the Society for the Prevention of Cruelty to Women and Children and Animals, so far as that cruelty arises out of the liquor traffic," said : "In all these years they had found the liquor traffic most difficult and lawless. There is only one other evil so lawless and that is the social evil, which is so closely bound up with the liquor traffic that it is almost impossible to separate them." Mr. W. B. Lambe, Collector of Provincial Revenue for the dis- trict of Montreal, said : "As far as I can judge, there are pro- bably two thousand shebeens, and there may be four thousand altogether, where they sell liquor without license They are called candy shops and fruit shops, while they are really decoy shops for assignation, purposes of prostitution and illegal mg. Chief Detective Cullen, Montreal, said there is much slackness in the enforcement of the license law. Notwithstanding frequent representations showing the unworthy character of certain licen- sees, and violations of the law, the authorities contrive to grant licenses to them. In one case over forty complaints against the place and the licensee have been made, and yet the license con- tinues. Legislative Methods in General. 119 Hon. B. A. De Montigny, Recorder of Montreal, said : " The license law and reg'ulations in regard to the liquor traffic are not well observed. High license has been tried. The fee was increased last year, but I do not think that drunkenness has decreased at all. We have been decreasing their number (the licensed places) for the last couple of years. I was of opinion that the smallest number we could have the better, but now I really do not know." In Halifax a similar condition of things was found. Mr. John A. Mackasey, license inspector for that city, said : "They (the licensees) are all law-breakers." And they do not assist in pre- venting sale in unlicensed places, because as he said, " they are in nearly the same position as the illicit sellers. They can hardly turn around and accuse them of breaking the law. . . . They terrorize the liquor dealers, who do t70t care to come to court, because they feel they are in the power of these men." The records of St. John, Quebec, Hamilton, Winnipeg, Victoria and, generally, of the Canadian license cities and towns visited by tne Commission, are substantially the same. Examination of the evidence will discover that in them all is much known illicit sale, and that many, if not all, of the licensees disregard the prohibi- bitions of the license laws. 120 The Facts of ths Case. CHAPTER 11. THE COMPANY SYSTEM. The Company plan, of dealing with the liquor traffic, generally spoken of as the Gothenburg System, receives a great deal of attention in both majority and minority reports. The latter mentions the following as the sources of information drawn upon : " The Gothenburg system of the liquor traffic, 1893, prepared by Dr. E. R. L. Gould, under the direction of Hon. Carroll D. Wrig-ht, Commissioner of Labor in the United States ; the report of a Commission appointed by the Governor of Massachusetts in 1893: "Local Option in Norway, with an account of the establishment and working- of the society for retailing ardent spirits in Bergen," 1891, by Thomas M. Wilson, C.E.; "The Gothenburg and Bergen Public House system," 1893, by James White, Secretary of the United Kingdom Alliance ; and " Report on the Gothenburg system regulating the sale of liquors in Norway," 1893, by Consul General Michell, to the Earl of Rose- bery, and presented to both Houses of Parliament by command of Her Majesty. These reports contain much valuable in- formation : and in what follows they are freely quoted. The fundamental idea in the organization of these com- panies was the limitation of the liquor traffic, by placing it in the hands of persons who had no special financial interest in extending their business. The Prime Minister of Sweden in speaking of the subject said : I am convinced that those companies, if properly administered, will prove the most effective means of promoting order in the brandy traffic, and it is only by their means that the said trade can be carried on in such a manner as not to encourage an increased consumption of spirits. It stands to reason that when Thi Company Syatem. 121 a private individual is eng'ag^ed in the brandy trade, as in any i>ther, his interests will induce him to sell as much as he can ; whereas the companies, it" they properly fulfil their mission — and happily our country can boast of many snch— need never be influenced by selfish motives. In Norway and Sweden early in the present century intemperance prevailed to a fearful extent. Mr. White speaks thus of the condition of affairs : Sweden and Norway were blig-hted and cursed by drunkenness to an extent probably unparalleled in the experience of other civilized nations. This was the result of free trade in intoxicants. The manufacture and sale of both distilled and fermented liquors were practically free. In Sweden in 1829, the number of stills paying- a (merely nominal) license fee was 173,124. Through economic causes the number was reduced, by the year 1850, to 43,947, yet no diminution in the production of spirits took place. The popula- tion was about 3,500,000. The consequences of such drinking was frightful. Drunkenness, crime, pauperism, every species of misery, every form of tlegradation and demoralization abounded. Dr. Wieselgren says : " The very marrow of the nation was sapped. Moral and physical degradation, insanity, poverty and crime, fanuly ties broken up, brutal habits, all those grim legions that ever range themselves under the banner of intemperance, took possession of the land. It was bleeding at every pore, yet seemed unwilling to be healed." The condition of Norway was not any better. SWEDEN. As the result of earnest appeals from friends of morality and temperance, the Diet passed certain laws which received the Royal sanction in January, 1855. One of these referred to the manufacture of brandy, on which rigid restrictions were imposed. Another of still more importance related to retail sale, providing that the num- ber of licenses to be issued should be fixed by local authori- ties and sold by auction. It also contained a clause to the effect that where a company was formed for assuming the whole of the retail trade in towns, the town authorities should be empowered to confer all the licenses to be issued upon such company. The restrictions upon the manufacture did good. The number of distilleries for the year 1855 dropped to 3,481, and the production of brandy to 6,519,191 gallons, though 122 The Facts of the Case. the prohibition against small stills was not fully carried out until later. It does not seem, however, that the company legislation was taken advantage of for some time. In 1864 a committee of the Gothenburg Council recommended the adoption of the company system in the public interest, and organized a company with the object of carrying out -heir suggestions. About twenty highly respectable JBrms and individuals agreed to take stock in the company. The pro- position was approved, and the company began its opera- tions on October 1st, 1865. The majority report sum- marizes the changes thus brought about in the followir.g paragraphs : The magistrates are said to have annually placed 6i licenses at the disposal of the company, but before it had been established 72 such licenses existed in the town, and although the population had been steadily increasing, the company has never made use of the whole of its licenses, and that in 1885, when the population was 83,000, the number of the company's licenses was only 19. It had established four eating-houses where no spirituous liquors were served, except the usual dram at meal times, the object being to supply workingmen, who did not wish to frequent the public houses, with food. The company had also fitted up several reading rooms, where no spirituous liquors, only coffee, tea, chocolate, milk and small beer were served, besides light food, at a low price fixed by tariflF. In these, books, newspapers and periodicals are provided for the use of visitors. On the wall of every one of the company's public houses is posted a printed card showing how much money can be saved every day, week, month and year, by abstaining from the taking of so many drams, and what sums may, by this means, be laid aside for the future. The company, it is said, has also curtailed the time of selling, nothing being sold on Sundays or public holidays, or from 6 p. m. on the day preceding such days, except the small dram served at meals. They have also curtiiled the time of selling over the bars on ordinary week days, closing, instead of at 10, as the law would permit, at 7 in autumn and winter, and 8 p.m. during the rest of the year. The rules under which the Company's officials acted were very rigid. Accounts were to be carefully kept. Shareholders were to receive six per cent, of the profits of the business, the remainder being paid over to the city, county and national officials for public uses. The Company System was introduced into Stockholm in 1877. Later on the right to adopt the Company System The Company System. 123 was given to rural places. Local option was also granted in reference to the sale of all intoxicants. Through the operation of both these measures the liquor traffic has been very much restricted, so that the number of licenses now in operation is comparatively small. A difficulty in the way of working the Company System was the fact that, besides the licenses controlled by the authorities, there was also a number of licenses held by persons who had in them a vested interest, so that other selling went on by these parties in places where the com- pany controlled all the licenses which they could secure. Partly through the death of the holders of these licenses, and partly through the purchase of their rights, the num- ber of such places has been gradually diminished, and it is predicted by Dr. Gould that companies will soon control the entire remaining retail liquor traffic in both Norway and Sweden. Another matter to be considered is the custom which the companies have of selling to local wine merchants, the privilege to retail liquors in bulk, the companies carrying on the business of sale to be consumed on the premises. It must also be borne in mind that the com- panies do not control vhe sale of malt liquor and wine. RESULTS. To set out the exact results of the Gothenburg System is aot easy. Its first operation reducing very much the number of spirit licenses must have materially affected the liqior traffic. This is strikingly shown in a table setting ou t the cases of drunkenness and delirium tremens in Gothen- burg from 1855 to 1891, part of which is given below. It will be readily seen that on the enactment of the present law in 1855 there was an immediate, remarkable improve- ment, and that another great change took place wlien the company system was inaugurated in 1865. 124 The Factfs of the. Case. CASES OP DRUNKENNESS AND DELIRIUM TREMENS IN OOTHENRURO FROM 1855 TO 1891. Year. 1855- • 1856.. 1864 . 1 86s . 1866.. 1870.. 1875 •• 1880.. 1885.. 1890.. l8qi . . Population 24,804 33»424 42,433 45.750 47.332 53.822 59.986 68,477 84,450 101,502 104,215 Persons fined for drunk 'ness 3.431 2,658 2,161 2,070 1,424 1,416 2,490 2,101 2,475 4,010 4,624 No. per 1,000 inhabit 'nts 138 80 SI 45 30 26 42 31 29 40 44 Cases of delirium tremens. 118 107 90 80 44 84 44 31 The following statement gives the average annual con- sumption of spirituous liquors in Sweden from 1856 to 1890, by five years periods (page 200, U. S. Report): Quarts per Periods. inhabitant. 1856-1860 io'03 1861-1865 1131 1866-1870 940 1871-1875 1247 1876-1880 10-67 1881-1885 8-66 1886-1890 742 This is of liquor said to contain 50 per cent, of alcohol. The development of the beer business during the period above referred to is shown in the following table prepared under the auspices of the Swedish Brewer's Association and published in the Massachusetts report which gives the consumption of malt liquors in Sweden : / Quarts per ; III- inhabitant. 1861 74 1871 12-8 ^~ 1881 194 1890 28 2 The Company Syfttfim. 125 The convictions for drunkenness in Sweden were (p. 82, Mass. H. D., 192) :— 1874. 1884 . 1891 . Population. 4.34 '.559 4,644,448 4,802,751 Number of convictions. 16,422 19.913 25.548 Per 1,000 of population. 3-7 42 53 The reports estimate the consumption of spirits in Gothenburg as being : In 1876, — 34 '9 quarts per capita of the population. 1885, — 19*6 do do 1892, — 14*2 do do This of course does not include the beer consumed, and it is not clear whether or not it includes the amount sold by retail, that is, not sold by the company but sold in quantities not to be consumed on the premises. The ratio of persons fined for drunkenness in the city of Gothenburg was : In 1855 — 138 per 1,000 inhabitants. 1865- 45 1875— 42 1885— 29 " " 1892— 42 " " Mr. Whyte re3ords an interview with the chief of police of Gothenburg, in which he got the chief's explanation of the increased drunkenness. He (the chief of police) did not hesitate one moment, but at once said : Oh, it's the beer. It's the malt liquor. For more beer is now being- used, and much stronger than was the case formerly. The people drink spirits, and then drink beer and stout, and become drunk. He further stated that the " off" beer shops — and every shop keeper can sell beer for consumption off the premises — were doing a vast amount of harm, more particularly amongst women and boys — and that drunkenness, all of it from beer, was now showing itself amongst women. It had not gone so far, he added, as to bring any considerable number of women into the hands of the police ; indeed, out of the total number of convictions for drunkenness, of 4,624 for 1892, only about 100 were convictions of women. But he expressed a fear 126 The Facts of the Case. that there was a jfood deal of sottinj;;- among' women at their homes — not murh when compared with the intemperance amonj^ men — but a g-ood deal more than there used to be ; and he felt that the most painful thing about it was that it was fast getting worse. He added that the beer shops which did the most mischief amongst women and boys were the small provision shops where beer was sold. Another cause of the recent marked increase of drunkenness on which he laid a great deal of stress — and this has a very direct bearing on the question of the use of the bolag's figures in the foreign office report — was the great extension of the trade of wine and spirit merchants in cheap foreign spirits which he said were now being used more than formerly by the working classes and were causing much drunkenness. Comparisons — Mr. Whyte compares Gothenburg and Cardiff, England, as to the arrests for drunkenness. They are both seaports. Cardiff, in 1890, had a popuhition of 128,000, and G20 convictions for drunkenness ; Gothenburg liad a population of 104,000, and 4,010 convictions. Comparison might be made with almost any Canadian city. St. John, N.B., has a population of 40,385, and in 1891 its arrests for drunkenness were 1,030 ; in the same year Gothenburg with 104,000 population has 4,524 arrests. Sweden, as a whole, has 5*3 arrests for drunkenness per thousand of the population ; Canada has 2*6 per thousand. Dr. Gould presents a table showing an increase of pau- perism in Sweden from 3*93 of the population in 1855 to 5-04 of the population in 1890. In the city of Stockholm (population in 1892, 256,608) the total number of licenses, bar trade and retail, were : — 1877 1887 1892 Number of licenses. 253 231 223 Inhabitants to each license. 655 987 Of the 223 licenses existing in 1892, 143 were bar-trade licenses used by the company, and 80 retail licenses. The Company System. 127 The convictions for drunkenness and the cases of delirium tremens in Stockhohn are stated to have been : — 1876 1886 1891 Ratio pkr 1,000 of POPrLATION. Convictions for drunkenness Cases of delirium tremens. 43 22 1-8 In the Massachusetts House Document it is remarked, in re}<;ird to the foreg'oing' statistics, that a necessary consequence of tbf» spread of the company system was a better policing', notably of the towns, which resulted in a greater number of arrests for drunkenness, and that it is no cause for surprise to find that the number of arrests per thousand inhabitants has increased some- what from 1874 to 1891. It is observed: "It may fairly be doubted if the figures would indicate a perceptible change but for the unrestricted and, to a considerable extent, illegal traffic in beer." NORWAY. The Norwegian system differs from the Swedish in two particulars. In Sweden the companies make a specialty of furnishing refreshments and recreation. In Norway the tendency is to the isolation of the sale of the liquor and its dis-sociation from all other business. In Sweden the sur- plus profits of the companies go into public funds, and thereby constitute general revenue. In Norway the sur- plus is expended in the form of subsidies to objects of public utility, for the support of which municipalities are not bound by law to provide. Mr. Wilson says : Any charity or institute, etc., which derives aid however small, from the local treasury or rates, is disqualified from participation in the g-rants of societies (companies) established under the Nor- wegian system. In other respects there is much similarity in the methods of operating the company system, and in the history of that ystem in both countries. 128 7%« Facts of the Case. UKSULTS. The results of the Norwegian Hystein seems to have been very much like those obtained in Sweden. The following table gives some information on this line. CONSUMPTION OF HUANDY IN NORWAY FOR DIFFERENT YEARS. Year. 1876 1S77 1878 1879 1881 1885 1890 Estimated population. 1 ,840,000 1 ,865,000 1,890,000 1,916,000 1.921,000 I ,959,000 2,000,000 Total consumption Quarts. '2,963.59S"6 11,694,498-9 8,952,362-4 6,543,086-4 6,132,030-1 7,227,828-0 6,557,880*2 Per capita. Quarts. 70 6-3 4"7 3*4 32 3-7 33 The following (igures relate to the city of Christiana (population in 1892, 165,500). Year. 1885 1 89 1 1892 Number of licenses. 116 68 65 Inhabitants to each license. 1,127 2,336 2.546 Quarts spirits con- sumed per inhabitant. 2 22 2 63 269 The Company system was introduced in this city in 1885. The record for drunkenness since that time is as follows : — Drunkenness per thousand Year. population. 1885 37-7 1886 25-6 1887 28- 3 1888 40-6 t i88g 41 "2 i; 1890 51-9 , 1891 725 1892 . 720 77te Company Systnn. 129 Tlie following figures regarding the consuinptiun of beer in Norway are instructive. 1870-71 16 "9 quarts per inhabitant. 1880-81 227 " 1890-gi 3!"2 " ♦♦• The report states that the statistics for 1892 were not available, but they would most likely show a continued increase. The statistics of Norway's pauperism, Dr. Gould says, dt» not give a satisfactory basis of judgment. But so far as they are available, they show nn increase, ranging from 67 per thousand of the population in 1877, to 86 per thous- and in 1886. • • PROFITS. From the standpoint of money making, the Company system seems to have been very successful. The report furnishes tables showing the profits distributed between the municipalities and other governing V)odies in Sweden to have been as follows : — Total. Years. $ cts. 1882 1,530,676 02 1884 1,395.53' 88 1886 1.547.956 17 "888 1,717.255 '8 1890 1,870,220 16 1892 1,860,47679 For Norway the following table is available : — Statement showing sales, and surplus profits of the Norway Brandy Companies from i88i to 1890 (inclusive). Year. Number of Companies. Sales of brandy. (Quarts). Net surplus of Profits. 1882 1884 4' 45 49 5C" 50 1.937.699-3 2,4i7.597'5 2.579.5727 2,551.993-9 3,218,187-0 .$166,524 48 205,412 08 234,247 01 260,132 05 371,084 01 1886 1888 1890 130 The Facts of the Case. The tables give figures for every year, but only those for alternate years are quoted above. The reports show the distribution of profits by the Norwegian liquor companies, Among the assisted under- takings being Treeplanting, Museums, Libraries, Sunday Schools, Orphans' Homes, Young Men's Christian Associa- tions, Gun Clubs, Public Baths, Drawing Schools, Temper- ance and Total Abstinence Societies, and many similar philanthropic enterprises. OPINIONS. A couple of opinions directly obtained in the examina- tion of witnesses may be summarized as follows : Captain Frederick Waldemar Hooslep is a Norwegian. He said the Samlag' (the name by which the liquor-selling' company is known in Norway) has been a great benefit to his country. There has, he said, been a great improvement in the drinking habits of the people since he was a boy, and this he attributed in a great measure to the company system. He said : '* If you ever should go to Norway and see what the surplus has done to the benefit of the towns, you will say it is wonderful. In Bergen there are roads and parks and everything constructed out of what we call brandy money. It has been all done from liquor money." There is prohibition, he said, in the country districts and some small towns. How it works is illustrated in an incident of his personal experience. He said : "I Vi'as in Hardanger Fjord ; there are large hotels, and I noticed that I could not get a glass of grog if I bought the whol'- i.otel ; and there were three or four large hotels — large tourist ' - ' :;ls — in every place, and it was impossible to get a glass of grog. That is in the country." Mr. Gustafson is a Swede. He said the Gothenburg system was undoubtedly adopted with the purest motives. At first, the business resulted in a remarkable reduction in drunkenness and the crimes which come from drink. But all that has changed, and now there is a marked increase in all the bad effects of the liquor traffic. He said : " In the first place these companies are either private companies, which have got from the municipality the right of controling the liquor business, or else it is a municipality itself, and in most cases the power is in the hands of municipal ' rings,' resulting in the most outrageous corruption. These municipal ' rings,' brandy ' rings ' and refining ' rings ' take on an average from 21^ to 35 per cent, for refining the people's liquor, and that is a considerable profit on all the liquors sold in a large community. In order to retain themselves in power the municipal government must be able to show the people that they The Company System. 131 have reduced drunkenness and drink i^rimes to a g'reat extent ; hence, as they are themselves the municipal power, the policeman does not dare to arrest anyone who gets drunk, and the judg-e does not dare to convict anyone brought before him. I have walked in the streets of Gothenburg at lo o'clock in the morning and met five men drunk, so drunk that they could hardly walk straight, holding one another by the arm, insulting decent women, and the policeman had turned his back, because he would not retain his position if he did not. The statistics show that drunkenness is on the increase in both Sweden and Norway. And the statistics do not show as badly as they are. I remember when I was at the temperance congress at Christiana, the Minister of Instruction made a very favorable showing to the congress of the result of the Bergen system at Christiania ; but the night previous I had been to the police commissioners and obtained the official statistics as to drunkenness for the last six years, and they showed that if every man, woman and child in Christiania had been arrested once, that would cover, and only cover, the number of arrests for drunkenness." CONCLUSIONS. The majority report suras up the advantages of the system in a number of paragraphs of which the most important are the following : That the introduction of the company system had the effect of reducing the number of puolic house licenses for the sale of liquor, and improving their condition and management. That since the adoption of the company systeni there has been an improvement in the quality and a large reduction in the consumption of spirituous liquors ; that there has been a large increase in the consumption of malt liquors and wine, but not to an extent to carry the present ratio of consumption of alcohol up to the figure at which it stood before the operations of these companies were commenced. That, although there are no complete statistics whereby the fact can be conclusively established, there has been a decrease in drunkenness and an improvement in the general condition of the population. The most important of the conclusions arrived at by the minority report are as follows : — In the earlier years of the system there was a reduction in the number of persons arrested for drunkenness. Such benefits as resulted from the system were such as result from lessening facilities for getting intoxicating liquor. Such benefits are not now apparent. Drunkenness and the other evils of the liquor traffic have increased in late years. 132 l^he Facts of the Case. Whatever permanent improvement has taken place in the last quarter of a century has been in spite of, rather than because of, the Gothenburg- System, and is mainly attributable to the strong temperance agitation, and to the prohibition of the liquor traffic which is in operation over areas of the country containing about four-fifths of the population. The original purpose of the system has, largely, been lost sight of. Intended to save the liquor traffic from the dangerous features supposed to arise out of the greed of individual licensees, it has degenerated into a system to encourage and satisfy the greed of shareholders scattered all over the country. It also appeals to the cupidity of municipal authorities and to that large class, found in every community, who think they see in the revenues derived from the traffic a relief from taxation. The respectability and the fiscal importance given the liquor traffic by the system make the traffic greatly more dangerous to the moral sense of the community, and seriously interfere with moral reform. Canada, in which the consumption of liquors and the record of public drunkenness and crimes resulting from drink, are much lower than in Norway and Sweden, has nothing to gain by the adoption of the Gothenburg system ; and has nothing to learn from it, except that no system of license, by whatever name called, or conducted under whatever auspices, interferes permanently with the liquor traffic, or diminishes its inevitable evils. Beer and Light Winen. 133 CHAPTER III. BEER AND LIGHT WINES. A good deal of attention was given in the course of the Commission's inquiry to the theory that intemperance might be diminished by encouraging the freer use of beer and light wines as beverages, thus lessening the use of stronger liquors. Some witnesses thought that it would be well to make the sale of wine and beer practically free, putting heavier duties upon the stro ger alcoholic liquors. In their report the majority practically ignored this evidence. It is, however, discussed at some length in the minority report, from which the following paragraphs are taken. Dr. Alberc Day, for many years Superintendent of the Washington Home for Inebriates, Boston, Mass., says : — I have treated nearly 7,000 cases of inebriety, and eight-tenths of that number originated from wine and malt Hquors. The Scientific American is authority for the following : — The use of beer produces a species of degeneration of all the organism, profound and deceptive. Fatty deposits, diminished circulation, conditions of congestion, perversion of functional activities, local inflammation of both the liver and the kidneys are constantly present. Intellectually a stupor amounting almost to paralysis arrests the reason, changing all the higher faculties into mere animalism, sensual, selfish, sluggish, varied only with par- oxysms of anger that are senseless and brutal. In appearance the beer drinker may be the picture of health, but in reality he is most incapable of resisting disease. A slight injury, a severe cold, or shock to the body or mind, will commonly provoke acute dis- ease, ending fatally. Compared with inebriates who use the ilifferent kinds of alcohol, he is more incurable, more generally diseased. The constant use of beer every day gives the system (») ' 134 The Facts of the Case. no recuperation, but steadily lowers the vital forces. It is our observation that beer drinking' in this country produces the very lowest forms of inebriety, closely allied to criminal insanity. The most dang-erous class of tramps and ruffians in our larg-e cities are beer drinkers. The Pacific Medical Jo2irnal makes the statement that the hereditary evils of beer drinking exceed those which result from the use of distilled spirits. Reasons are given for this opinion, thus : — First, because the habit is constant and without paroxysmal interruptions which admit of some recuperation ; second, because beer drinking is practised by both sexes more generally than spirit drinking ; and third, because the animalizing tendency of the habit is more uniformly developed, thus authorizing the presump- tion that the vicious results are more generally transmitted. This judgment of an influential medical journal is weighty, and may well cause such beer drinkers as have regard for themselves and their posterity to hesitate about further indulgence of so dangerous a habit. Evidence given before the Commission by Dr. Arnott, of London, Ont., is in agreement with the medical opinions quoted. He said : — I lived in a little village where I knew everybody, and the beer drinkers of that place are all dead long ago, every one with Bright's disease, with the exception of one man, and he has had Bright's disease for ten years and has had three strokes of paraly- sis. He is a mere wreck, a helpless cripple. Wine and beer are not, as many have believed, and as some still believe, temperance drinks. Mr. Axel Gustafson, author of " The World's Drink Problem," says : — The two continental countries drinkmg the lightest wines and beers, France and Belgium, are the most drunken. Judge White, Pittsburg, Pa., makes this statement : — From thirteen years' experience in the criminal court I am thoroughly convinced there are far more evils resulting' from the use of beer in this country than from whiskey. The liquor traffic in this country has become a most gigantic evil. From my experience at the bar and on the bench I believe it is the cause, directly or indirectly, of four-fifths of all the crime, poverty and misery in our midst. The license fees received by the country do not equal the expense incurred in the prosecution of criminals and the support of the poor. Rev. Dr. Lathern, editor of the WesUyan, Halifax, N.S., told the Commission that in the north of England, where Bee7' and Light Wines. 1 35 he spent his early life, it was believed that beer drinking was more brutalizing in its efFeccs than the drinking of spirits. He said : — The worst efFects of drinkiiij^, the most brutalizing' effects I have ever seen, have arisen from the drinking of beer in the north of England. GERMANY. The advocates of beer drinking have been in the habit of pointing to Germany as a particularly sober country, which has been in no way injured by the general and very large use of its favorite beverage. Yet the drink question has become an important one in the political economy of that country. Prof. SchmoUer, of Berlin, an able political economist, thus writes : — Among our working people the conditions of domestic life, of education, of prosperity, of progress or degradation are all dependent on the proportion of income which flows down the father's throat. The whole condition of our lower and middle classes — one may, even without exaggeration, say the future of our nation — depends upon this question. If it is true that half our paupers become so through drink it gives us some estimate of the costly burden which we tolerate. No other of our vices bears comparison to this. A German military critic, commenting upon the unsatis- factory condition of a detachment of reserves suddenly called out for the autumn manci'uvres (1892), and attribut- ing their poor condition and absolute incapacity for vigorous drill to their inactive, beer drinking habit of life, said : — Unless Germany redeems herself from the saloon, she will look in vain for competent defenders when the test of war is to be met. A man cannot rise from his kneipe and fight for his fatherland. It has been estimated that the military efficiency of the German army has been depreciated 15 per cent, on account of the beer-drinking habits of the German soldiers. One of the latest utterances on this topic is that of Mr. Brendell, in March, 1894, before the Anthropological Society of Munich. Among other things he said : — Germany spends at present 2,500,000,000 marks annually for the alcoholic beverages (jibout $625,000,000). Although large i|uantities of beverages were drunk formerly, still only in the last century, and more especially only in the last decade, in 1 36 The Facts of the Case. which the brewer's art was perfected, drinking- has become universal. It has spread everywhere and increased to a frig-ht- ful, most alarming extent. It has been introduced even into country communities, and the only inevitable consequence will be the thorough degeneration of the human race, if the evil is not checked before it is too late. Although it is contended that beer contains less alcohol than either wine or whiskey, it is nevertheless as injurious as either of them, while its vaunted nutritive value stands in no proportion to its price. It is not surprising, in view of the foregoing statements, that much anxiety is felt among the thinking people of (Germany and that remedies are sought for the evils. An important association is that known as the " Verein Gegen Den Missbrauch Geistiger Getranke " (A Union to prevent the Misuse of Licjuors.) It was organized in 1883. Among its first supporters were the Emperor Frederick, Gen. Von Moltke, Field Marshal Herwarth Von Bittenfield, and the Oberburgermeister Miquel, late Prussian Minister of Finance, and one of the most important persons in Germany. It has also among its members many physicians, prison officials, directors of asylums, pastors concerned with mis- sionary work, charity experts like Dr. Emminghans of Gotha, economists like Professor Bohmert of Dresden, and many other persons brought professionally or by their phil- anthropic activity into close relations with the question of drink. Moved by the gravity of the situation, the Emperor has proposed a new measure for the regulation of the drink traffic, the object being to reduce the evils now so manifest. The Reichanzeiger, one of the leading papers of Berlin, which published in full the proposed law against the " abuse of spirituous liquors," presenting reasons for its passage, stated that : — In the year 1889-90 there where 2,279,828 hectolitres. (22 English gallons is one hectolitre) of pure alcohol consumed in Germany, or 4.64 litres for each man, woman and child in Germany. Of wines about 6.44 litres, and of beer an average of 90 litres per head for each human being- in Germany, were consumed annually. There had been an increase in the number of cases of chronic alcoholism and of delirium tremens treated in public institutions, from 4,272 in 1877 to 10,360 in 1885. The alcoholic cases furnish about 20 per cent, of the cases treated in public hospitals. Oi' the prisoners in German penitentiarie^ convicted of murder, 41 per cent, were habitual drunkards ; ot those who conmiitted manslaughter, 63 per cent., and other crimes varied from 40 to 68 per cent, by habitual drinkers. Beer and Light WhiPM. 137 FRANCE. Inquiries made regarding the condition of affairs in France gave startling results. There has been recently an enormous increase in the consumption of alcohol, and a cor- responding increase in the terrible effects of intemperance. It was argued by some witnesses that the failure of the wine crop led to the use of stronger drinks, and on the other hand it was urged that the habit of wine drinking is responsible for the development of the appetite for the stronger beverages. France is famous as a wine producing and a wine consuming country. Hon. Sir Henri G. Joly told the Commission of the drinking customs of France, as observed by him in his boyhood days, when wine was used about as freely as milk and tea are used in Canada, and without any apparent ill effects. Since that time, however, a sad change has taken place. The free use of intoxicating liquor has produced sad disaster. The minority report (juotes extensively from an article in the French Revue Chretienne, from which we take the following extracts : — The great black spot on the horizon is alcohol. No doubt its Influence is felt among- all classes of society, but it is especially a popular plague, a recent plague that has made itself sensible with- in the past thirty or forty years. At the present moment it increases and assumes the proportions of a universal danger. The race is struck in its vitals. The hospitals, almshouses and prisons bear testimony to its progress. In certain districts one no longer counts the drunkards, but those who are not. That which is now drank is infinitely different from that which was for- merly consumed. It is a cheap kind oi' liquor, adulterated with brandy made from the beet root and potato, with which the unprincipled manufacturers are flooding the world, and this poison is alike destructive of intellectual, moral and physical life. It may he truthfully said of him who drinks it that he drinks his own death and that of his children. It poisons the future, and predes- tinates coming generations to physical weakness, imbecility and crime. It is impossible for any one to fully estimate the moral, political, social, and hygienic effects of alcoholism. In nine-tenths of the maladies, the accidents, the crimes, and the ruin, in much of the uncontrolled passions and popular disorders, one can well say oherchez I'alcool. The ravages of the alcohol among the youth of the common classes are frightful. There is scarcely any longer •in amusement or a recreation with which it does not mix itself. It interferes with or destroys every rational enjoyment ; it pre- vents proper physical development ; it neutralizes the good effects 138 The Facts of the Case. of reunions for social pleasure .'iiul relaxation. Kvery assembly, every excursion for whatever object, is in danj^-er of terminating' in a drunken debauch. Manners become coarse, and the language as well as the songs, brutal. Formerly the large cities depended upon the country for the purification of the life blood. The source itself is now tainted. In the lovely valleys that roll back among the V'osges, springs of crystal water abound, the air is pure, and within the memory of man epidemic has never reigned. Hut alcohol now reigns as master. The number of feeble children constantly increases. Disorder is in the manners, in the purse and in the household. The fruits of a life of toil disappear. Alcohol is more terrible than war, than pestilence, or no matter what natural calamity. Other leading French journals have forcibly called atten- tion to the same terrible evils. Statistics have been pub- lished showing the rapid increase of insanity and other maladies. Le Temps, an influential Paris daily, published in May, 1894, a strong article, showing that the increasing revenue from the liquor traffic was being accompanied by dis- aster to the nation. Among the statements made were the following : — There arc workmen who, under the pretext of giving themselves strength, drink half a litre or a litre of more or less harmful eau de vie daily. Can one represent to himself without sadness what becomes of the homes and the children of these workmen ? The father, as has been said, does not make old bones ; the wife becomes corrupted in her turn ; the children are rickety, some- times idiots, incapable of living, without speaking of the terrible law of heredity, which in the race multiplies the consequences of heredity with the progressive speed of the falling stone. Which of us could not cite families, or even groups of individuals, whom this abuse of strong liquors has caused to disappear or reduce to almost nothing ? Statistics tell us that the French population has ceased to increase. Last year (1893) the number of deaths exceeded the births by 20,000. How can we help noting that this physiological decadence of the French race, at least in certain districts, coin- cides with the progress which the same statistics show in the consumption of alcohol ? Mr. Gigault, one of the Commissioners, made a summary of two reports on the liquor traffic, one by a Commisson appointed by the French Senate in 1886, and another made in pursuance of a decree by the French President in 1887. These reports fully justify the strong statements already quoted. The following extracts will be interesting : — By consulting a table relating to criminality, we ar>certain that the departments the most addicted to the consumption of eau-de- Jieer and Light Whies. 1 39 vie, supply to theoriininal classes a more considerable conting-ent lli.'in others. The excessive consumption of alcohol, chiefly of the trade alcohol, has an influence upon the human constitution, and the health of children has, almost always, to suffer from the alcoholic excesses of the father. In Normandy chiefly, in that fine pro- vince which a map annexed to the report shows in a clear manner, the mortality of infant children is frig'htful thoug'h not enumerated in the official statistics, which <»nly record the deaths of children many months old. From the beginning of this century there has been a progressive increase of suicides. By the tables published by the Government, we see that the asylums which have the most numerous alcoholic contingent are precisely those situated where alcoholic consumption is the greatest. In 1885 there was, at a medium, 94 inhabitants for every debit (saloon). The French temperance society has asked that there sliould be not more than one debit tor each two hundred inhabitants. In conclusion, after a study of the liquor traffic in France and in foreign countries, and an examination of the numerous transfor- mations which the legislation in regard to it has undergone, they state : " We have been able to ascertain that no legislation or combination has stopped the continuous progressive growth of consumption of liquor. " Rev. Dr. McLeod speaks in the following terms of the appalling statements, of which the foregoing are merely examples : — The explanation of the increased use of the stronger alcoholic liquors, given by those who advocate the free use of wine, is that the injury to the vines by phyloxera so greatly diminished the wine production of France that the people were compelled to resort to other and stronger drinks. It is apparent, however, that the use of stronger liquors began l)efore there was any shortage in the wine production ; and tliough a diminished wine production in some years may have accelerated the increased use of spirits, it does not appear that in any subsequent year, when the wine production was normal, the consumption of the stronger liquors correspondingly decreased : It may also be suggested that since the free use of wine, as in France, causes a condition which impels the people when wine is scarce, to resort to stronger drinks, producing such a lamentable state of things as now exists there, the use of wine is not a habit to be encouraged with a view to overcome alcoholism and its t rain of vices. All the facts show that it is too late to cite the experiences of (iermany and France as justifying the encouragement of the use of beer and wine. HO The Facts of the Case. CHAPTEK IV. HIGH LICENSE. In some places the fees charged to liquor licensees have been made specially large, on the theory that such a course tends to the lessening of the evils of intemperance. In many cases these high license laws also embody other stringent restriction features. The good results are sup- posed to come about because of the following reasons : — 1. That high license fees reduce the number of saloons and taverns, thereby making temptations to drink fewer and less effective. 2. That high license fees confine the business to better- off and more reputable men. 3. That licensees who pay heavy fees will co-operate in the prosecution of those who sell illicitly, for the protec- tion of their own business. 4. That other stringent regulations will tend to minify the evil. It is also argued that the liquor traffic should contribute liberally to the public revenue so as to make it meet the heavy expense that intemperance entails upon the com- munity. This system has had fullest trial in the United states. In chapter 5 of Part II. will be found a classification of the license fees paid by different states. For convenience High License. 141 of consideration in this chapter, fees of $300 or more are considered " high." FEDERAL PERMITS. As some mention is about to be made of United States tax receipts, or permits to sell licli license states wis $2.11 per capita, in low license states $1.72 per i-apita and in prohibition stales, $0.34 per c.'ipita ; indicating a liquor traffic in the hi^^h license states considerably in excess t>f the tratVic \n the low license states, and about seven times as j^reat as prohibition states. I'"ollowinjc are the details of the comparison tojcether with .1 summary anil, also, an explanatory statement. VOLUME OF THE LIQUOK TRAFFIC IN THE HKJH LICENSE, LOW LICENSE AND PROIIIHITION STATES. High License States (-$300 to i$ 1,000.) — f- t Population 1888. No. United States Special Tax permits to sell liquors. Total United States revenue from liquors. Illinois 3.437.810 2,005,763 2,078,658 3, 1 25,000 1,600,000 2,705.967 786,500 12,966 8,216 7,068 7,408 3.627 3.889 84, $23,213,673 00 2,010,647 24 634.905 53 4.543.4'' 01 2.305.492 80 146,228 84 306,577 09 Massachusetts Michigan Missouri Nebraska Texas West Virg-inia Total . . 15.739.698 44.015 $33,160,939 51 Lore License States [less than -$200). Colorado 410,000 150,000 2,400,000 1,940,585 1,000,000 1.336,93' 265,500 1,330,000 5,709,969 5,074,527 2,361 709 6,030 4,028 4.987 6,627 1,024 8,441 35.870 21.779 $ 196,863 69 59,310 12 4,004,036 05 10,895,551 13 242,110 83 1.873.596 90 61,671 81 1,927,042 53 9.668,753 58 4,840,992 32 Delaware Indiana Kentucky Louisiana .... Maryland Nevada , . New Jersey New York Pennsylvania Total 19,617,512 91,856 $ 33.769.928 96 ffiffh lArmist^. 143 Prohibition StatcH. Iowa 1,824,840 1 .(Soo.ooo 3.978 2,247 1,030 $ 1,740,267 63 75.637 55 20,000 of) Kansas Maine 660,139 \i*w HanipshiK\ ... 378,000 •.435 357.303 08 Kliode Island 310,000 1,246 102,175 98 Vermont 336,000 507 ■-2,955 '6 .Arkansas (a) 1,200,000 595 60,971 76 Florida (a) 375.000 326 » 0,735 4^ (leorjfia (a) 2,041,669 1.725 263,764 t)8 Tennessee (a) 1,700,000 1,640 886,742 1,T, Total 10,425,668 14.739 $ 3.5 '0,573 65 (a) Largely under prohibition by local option. SUMMARY OP THE TABLE. No of popula- T • \ "^ Liquor tion to one ^ . , . revenue per special tax ., ' ^ .. capita, permit. ' High license states 358 $2.11 Low license states 214 1.72 Prohibition states 708 34 The fig'ures in the foreg'oing' do not take into account the larg-e areas of prohibition in several of the hig-h license states, and the comparativelj' small areas of license in the partially prohibition states. This table shows that while there were 40 per cent, fewer liquor dealers on the basis of population in the high license than in the low license states, yet the strength of the liquor traffic in the high license states, as shown by its contribution to the P'ederal revenue, was 23 per cent, greater than in the low license states. Though the changed system of Inland Revenue reports, by which returns from high Hcense, low license and prohibition states are often grouped, being from a single " collection district," makes it impossible to make a like comparison for the years since 1887, the returns from each state of the annual sales of beer are available. And these returns up to and including 1893, show that the volume of this traffic has steadily increased. The seven States which best represent the high license system are Illinois, Massachusetts, Michigan, Minnesota, Missouri, Nebraska and Pennsylvania ; the license fees in them ranging from $500 to $2,000. The aggregate quantities of malt liquors sold in them each year from 1887 to 1893 are as follows : — 144 The Facts of the Case. Year. Barrels. 1887 7.182,459 1888 7,903,427 1889 8,083,748 1890 8,592,194 1891 9,871,328 1892 10,376,673 1893 1 1.534.915 The foreg'oing' fig'ures show that hig'h license does not lessen the consumption of liquors, but, instead, increases it. This is, doubtless, one reason why those eng'ag'ed in the liquor traffic have come to reg'ard the system with such marked favor. Various opinions were expressed by different witnesses in high license states, as to the results upon the criminal record, of the increase of license fees. It may be taken for granted that in rural places, where high license would clear the liquor traffic out of large stretches of territory, much good would result, while in populous places where the num- ber was lessened, but fficient places still were left to sup- ply great temptations to, and facilities for drinking, drunk enness would be less aflfected. Some high license laws also embody local option provisions under which, as in Minne- sota, the liquor traffic has been largely driven out of the rural portions. The following quotations are from the evi- dence of Hon. W. R. Merriam, of St. Paul, who had served two terms as Governor of Minnesota. A high license law was passed in 1886, providing- that saloons in cities of above 10,000 population should pay $i»ooo, and in cities of less than 10,000 population $500, with the right, however — which in my judgment is the chief advantage of this law — on the part of towns and township organizations to absolutely prohibit the sale of liquor. In other words, we adopted what we call b'gh license with local option, giving the right to any community by a majority vote to prohibit the sale of liquor of any kind. A good many of our smaller towns do not have any license at all. Ques. Taking it all in all, do you believe it the best system that can be adopted? — Aus. By all means. I believe it has been sufficiently tested in this State to prove beyond peradventure that it is thf^ wisest system that can be adopted under all circumstances. It hat worked out admirably. It has satisfied all classes of people, it provides a large revenue for towns and counties, and to my min J, what is the most important feature of it, if a community desires to be free from the sale of liquor, all it has to do is to vote to that effect. Qit£8. To what extent has this privilege of local prohibition been taken advantage of? — Ans. In a great many instani:es High License. 145 You will notice frequently in the papers that many little towns have voted against license. Ques. Mainly rural places ? — Ans. Yes. Ques. Are there many licenses granted in outside towns — country places? — Ans. No, very few. The license is so high, that perhaps there would be only one or two saloons in a place. This was corroborated by a number of other witnesses. The following extracts are from the testimony of Rt. Rev. Archbishop Ireland : — Ques. You kr.ew the State under what is called the low license system as well .>,s under the present system ? — All8. Yes. Ques. Which of the two do you find preferable? — Aiis. The liigh license decidedly. Ques. In what respect do you find it better than the other ? — Ans. The high license diminishes certainly the number of saloons, as we call them, throughout the State. In St. Paul and Minneapolis it has brought down the number by about one half. In many of the country villages where we had, under the low license system, for instance, twenty, we have now three or four ; where we had two or three, we have none ; and I believe that the reduction in the number of saloons reduces the temptation to drink — reduces the active agencies for obtaining drinkers, and in that way is quite an effective factor in promoting temperance. Ques. And the license fee being so high prevents many men going into the business who otherwise would? — Ans. Decidedly. In one instance, in a place called New Prague, a Bohemian settlement, there were twenty-four saloons before high Ircense, whereas there are now only four or five. In several settlements that I know of there are no saloons at all. In nearly all the country places, that is, outside the villages, there are no saloons at all. , The rigid restrictions already referred to certainly had a good effect, specially while they were new. In some cases the reduction in the number of licenses was owing to the other restrictions imposed upon their issue, as well as upon the increased license fee. This was notably the case in Pennsylvania. The working of the Brook's Law as it was called there, is thus set out by Dr. McLeod : — The first year under the high license system the number of licenses issued in Philadelphia was reduced from 5,773 to 1,746. And the arrests for drunkenness that year were 13,087 below the lunnber of the previous year. There was evidently a somewhat rigid enforcement of the restrictive feature of the law. The number of licenses was kept Jit the lowest possible, thus limiting the facilities for procuring drink ; observance of the prohibitions as to the sale was compelled, and arrests for drunkenness, there- 146 The Facts of the Case. fore, were diminished. The large decrease in the number of licenses in the first year of the system, was due, chiefly, to the unusual strictness of the license commissioners. But later, others more pliant were selected to dispense licenses. There has been a steady increase in the number of licensed saloons, with a corresponding- increase in the arrests for drunkenness, till the decrease which marked the first year of the system has been practically wiped out. In 1890 the arrests were 49,148, an increase of 6,000 over 1889, which increase the report of the police department says, — "is wholly accounted for by the increase of arrests for intoxication and crimes directly attributable thereto. A great deal of this increase has been it. :;urred through licensing a large number of wholesale liquor dealers and bottlers, who are, in fact, retail dealers." In 1891 the total arrests were 53, "84, an increase of 4,036 over 1890. The arrests for drunkenness and disorderly conduct in 1 89 1 were 24,785, an increase of 124 over the previous year. In 1892 the total arrests were ^'^ 944, a decrease of 240 below 1891. But while the total arrests show this slight decrease, the arrests for drunkenness and disorderly conduct were 26,194, being 1,409 in excess of arrests for the same cause in 1891. The minority report has also an exceedingly instructive analysis and comparison of statistics of high license and low license cities in the following form : — There are records which show the result of both systems. A comparison of the police records for i888of two groups of cities in the United States — one group under high license, and the other group under low license — has been made. The high license group numbered 41 cities with an aggregate population of 4,775,000 ; the low license group numbered 38 cities with an aggregate popula- tion of 4,857,000. The average license fee in the high license group was {^665 ; the average fee in the low license group was $122. The high license cities had one licensed saloon to every 387 of the population ; the low licensed cities had one to every 144 of the population. The arrests, for all causes, in the high license group averaged one to every thirty-nine of the population ; in the other cities the arrests averaged one to every 39*7 of the popula- tion—practically the same. But of the total arrests in each group the proportion of arrests for drunkenness and disorderly conduct was larger in the high license cities, in which they were 56 per cent, of the whole ; while in the low license cities they were 52 per cent, of the whole. To be able to inake an exhibit of results at the latest date pos- sible, your commissioner presents a carefully prepared compila- tion based on returns of 1893. The table following contains the facts about two groups of cities — a group of thirty-eight high license cities, and one of thirty-nine low license cities. These two groups are contrasted as to the number of saloons, and the arrests Iliyh Licen.se. 147 for drunkenness and disorderly conduct. The fig"ures of the popu- lation, the number of saloons and the amount of license fee, in each case, were furnished by the officials of the cities named. The fig"ures of arrests, and the classification of arrests were obtained either from the printed police reports or were furnished by the police officials on application. The table includes all high and low license cities of 25,000 population or over from which it was possible to g'et returns on all points. citih:s. High License, Haverhill, Mass Taunton, " . ... Lowell, " New Bedford, Mass. Springfield, ** . . Worcester, '* . . Fall River, " . . Holyoke, " . . Little llock, Ark. , .. Philadelphia, Pa . . . . Boston, Mass . IMttsburg, Pa Minneapolis, Minn . . Ht. Paul, Minn Omaha, Neb Allegheny, Pa Atlanta, Ga Duluth, Minn St. Joseph, Mo ivansaa City, Mo St. Louis, Mo Denver, Col Los A ngeles, Cal Seattle, Wash ... Chicago, 111 Detroit, Mich — ( I rand Rapids, Mich Scrariton, Pa Reading, Pa Hartford, Con Saginaw, Mich Taconia, Wash Peoria, 111 Altoona, Pa Quincy, 111 Hav City, Mich Pawtucket, R. I.... Allentown, Pa E o •"•1 C CI u o p. 30,0()0 27,000 85,000 (50,000 50,000 100,000 87,000 40,000 35,000 al, 142,653 400.000 2.30,000 210,000 175,000 150,000 11.5,000 100,000, 70,000 55,000 150,000, 500,0(K)! 150,000 70.000 KitHX) 1,500,000! 250,000 95,000 90,000 80,000 1 (50,000 .55.000 55,(K)0 50,000 40,000 36,0001 35,000 .30,000 30,000 c c O e« iX $ 2,000 1.700 1,.500 1,500 1,500 1,400 1,300 1,300 1,021 1,000 1,000 1,000 1,000 1,000 1,000 l.OOOj 1,0(J0 1,000 1.000 800 600 m) 600 600 500 500 500 500 500 500 500 500 500 500 500 .500 500 500 o o '^^ 25 77 43 44 84 74 35 50 62,181 672 310 274 340 219 140 8(5 108 108 3:i5 2.000 361 11)3 170 6,.5(H) 1,194 191 400 150 175 220 110 170 27 145 160 1.50 6S o = p. o u .a 00 O H 1.111 1,080 1,104 1,395 1,135 1,190 1,176 1,143 700 524 714 807 766 515 685 821 1,163 648 509 448 250 416 429 371 231 210 497 225 533 343 225 550 294 1,481 252 219 2IN) 476 ) is ^^ .^ «! - 0= S S 4) « O HSU < '•-5 eS 3 t8 *.> TJ 2 « IM O o tj « r^ •W ..^ S U o £ ® o 5 ° = S 2,055 988 5,635 1,969 2,451 5,041 3.912 1,453 4,002 57,297 46,109 15,189 r 5,490 5,920 6.246 rf3.782 12,903 2,800 2,787 7.817 25,280 7,0(54 3,077 4,590 89.8.33 7,769 1,843 1.880 1,395 5,119 2,163 2,893 1,964 t 1,680 1,201 1,140 1,737 300 1,642 76.5 4,192 1,347 1,7.30 3,507 2,297 1,523 1.322 28,0{)5 .'<1,642 10,141 r2,798 2,(503 2,019 rf2,624 8,293 1,:^09 1,234 2,218 10.971 2,410 1,396 1,189 51,578 4,102 986 1,268 1,349 3,825 i,o;«5 789 1,250 f870 752 669 1,175 212 o _ 18 :« 20 45 28 28 .38 26 26 46 15 24 77c 07 63 iid VI .53 45 68 46 62 50 53 29 69 96 71 59 15 53 69 40 46e 48 .52 26 141 148 The Facts of the Case. CITIES. E o C « Ok p. o p. Loio- License Cities. Washington, I) . C Providence, R.I. . .. New Haven, Conn. .. Portland, Or Oakland, ('al Chattanooga, Tenn .. Waterbury, Conn . . Wilmington, Del Sacramento, Cal Baltimore, Md Cincinnati, O Cleveland, O Newark, N.J Jersey City, N.J — Toledo, O Columbus, O Paterson, N.J Trenton, N.J Hoboken, N.J Springfield, O Cantcn, O New York, N.Y .... Milwaukee, Wis — Savannah, Ga Richmond, Va Louisville, Ky Syracuse, N.Y Norfolk. Va Buffalo, N.Y Brooklyn, N.Y New Orleans, La. . . . Covington, Ky .. . Fort Wayne. Ind . . . Auburn, N.Y Binghampton, N. Y. . San Francisco, Cal . . Albany, N.Y Elmira. N.Y Long Island City . . . S u ■ a < 265,000 150,000 92,500 90.000 55,000 40.(KK) 3fi,000 70,000 35.(J00 500.0(K) 340,000 330,000 215,000 190.000 110,000 110,000 90,000 63,000 50.000 40,000 30,000 1,890,000 2^5,000 55,0(K) 90,000 180,000 100,000 45,000 320,000 1,')00,000 250.000 45,500 40,(KK) 28.000 40,(HM) .320.0(K) 1(H),IK)0 35,000 45,000 $ 400 400 400 400 4(K) 400 400 300 300 250 250 250 250 250 250 250 250 250 250 250 2.50 200 200 200 175 150 150 IfjO 125 1(H) 1(K) 100 100 100 8o 84 60 55 50 o o «e . a> s .o — S 'A 619 403 399 290 200 75 162 2(J0 200 2.100 2.250 1.800 1,295 1,100 658 400 510 363 335 143 124 7,320 1.600 280 310 950 555 175 2,512 3,805 1.2(K» 200 180 116 109 .3.800 850 260 .321 « ■s J4 O tion for and uct. o o o u c'2 ?9 1^ 1 2 ® «j o •So l3 0T3 *j p. S '/-. o o S o r" -^13 = u 1-1 C « o S> « « * S 1— 1 a* OO * 3 u =-^V p. o o U c o < §3 o = fa 428 27.245 11,348 23 372 7,105 4.999 30 232 6,541 3.770 25 310 4,619 1,862 48 275 .3,210 1.611 34 533 3,071 1.194 33 222 1.619 932 ,38 350 4,019 2,437 29 175 2,670 929 37 238 31.363 17.091 29 151 18.633 .5.532 61 183 9.368 5,405 61 1(56 6.605 3,222 67 173 5,081 555 342 167 3,352 1,747 63 275 5,367 1,879 59 167 2,402 1.906 47 173 2,343 1,324 47 149 3,077 722 69 280 1,500 440 91 242 1,023 587 51 2.58 8(5,488 46.007 41 1()6 6,219 4.530 59 19li 3,485 1.511 .36 21K) 6,070 2,564 34 18!) 7,079 3.65)6 49 18U 4,917 1.4(55) 68 257 4,581 1,7.55 26 127 19,062 9..308 34 26.3 40,.349 24.119 41 208 23.228 12.236 20 228 1,400 921 49 222 1.. 3.5(5 991 40 241 1.158 (517 45 ;«)7 1.179 750 63 84 26.982 16,038 20 118 2.506 1,35)0 72 im 1.808 919 38 140 1.661 391 115 SU>II\RY. 38 high license cities. 39 low " " . 6,600.f).53 ( 7,750.(K)0| 2,000 to .500 400 to .50 17,581 .39,199 .375 203 354834 389741 197068 1968a5 33-5 39.1 « Municipal cons'ia, 1892. b Including 541 wholesale liquor houses. cThe number con vict?)d only, (i Includes 14 months. cNine months only. High License. 149 It would seem from these records that hij>fh license has not been more effective in lessening' drunkenness tlian in reducing the consumption of liquors. LAW ENFORCEMENT. In some instances the commissioners were assured that licensees had rendered aid to the officials in carrying out the law. These cases were comparatively few, and, generally speaking, even persons who paid the high fee made no efiTort to suppress illegal sale. Indeed it was suggested that licensees supplied illicit dealers, specially illicit dealers of a low class, thereby deriving benefit from a class of custom which they did not wish to encourage in their more re- spectable establishments. The following is from the evi- dence of Rev. Father Martin Mahony, of St. Paul, Minn. : — Ques. It has been said that high license has the effect of putting the business into the hands of more reputable and trust- worthy men ; have you observed as to that ? — Ans. I believe it has not been so. There have been men running the business, as reckless and indifferent to any moral considerations as ever there were. It was said, too, that the payment of a high license by a certain number of saloon-keepers would set them on the watch for others who afiempted to sell without license, or otherwise broke the laws. I have watched that, and in the last eight or ten years I cannot remember, either from personal knowledge or from reading the papers, a single case in which a lawsuit was brought against an unlicensed seller by the licensed parties. It was said also that it would prevent the sale to minors. I have said that it has not prevented the sale of liquor on Sundays, nor in late hours of the night. But I remember distinctly, about two or three years after high license was enacted here, one or two saloon- keepers were prosecuted, not only for selling to boys, but getting them drunk. I believe it was the drunkenness and sickness of one of the boys that brought on the suit. But after some post- ponements and legal technical delays, the suit fell through and nothing came of it. Some time after that the papers told how four or five newsboys came intoxicated into a Sunday school in the city. ATTITUDE OF THE TRAFFIC. Many men engaged in the liquor traffic, who were examined by the commissioners, expressed themselves as strongly in favor of high license. This endorsement by those who are interested in the encouragement of the busi- ness is certainly suggestive. The minority report has some (juotations from sources that may be considered authorita- (10) 150 The Facts of the Case. tive as voicing the views of the liquor interest. A few extracts from them will be instructive. Bonfort's Wine and Sjnrit Circular, which voices the feelings of the trade, referring to the ]5rook8 law, says : — Increase of the license fee in Pennsylvania from $500 to $1,000 will be the best investment the liquor interest has ever made. On the same subject the Wine and Spirit Gazette says : — It must be admitted that the Philadelphia Ijquor-sellers, whose stores are at present bonanzas, favor the increase of the annual license fee to $2,000. The hig^her the fee the better their chance of crowding' the little fellows out of the business, and creating' a monopoly by which a few will make large fortunes. The President of the Liquor Dealers Protective League says : — The true policy for the trade to pursue is to advocate as high a license as they can in justice afford to pay, because the money thus raised tends to relieve all owners of property from taxation, and keeps the treasuries of the towns and cities pretty well filled. This catches the ordinary tax payer. Mr. Peter Her is the leading distiller in Nebraska. He is extensively interested in the retail trade. After several years' experience of the high license system he gives it his warmest approval because of the great advantages it con- fers upon the traffic. The following extracts from a letter, written by him for the information and guidance of liquor dealers in another State, tell why he and the men of the traffic generally favor high license : — High license does not hurt our business, but, on the contrary, has been a great benefit to it * * * I believe somewhat that high license acts as a bar against prohibition. It is especially so in this state, as the tax from the license goes towards suppi>rting the schools, thereby relieving the citizens of just so much tax that they would otherwise have to pay « * * it q\^q gives the business more of a tone and legal standing, and places it in the hands of a better class of people. I do not think high license lessens the quantity of liquor used. I believe, if it were put to a vote of the liquor dealers and saloon men whether it should be high license, low license or no license, they would almost unanimously be for high license. I would be in favor of high license rather than trust to the non-enforcement of the law under prohibition. We have had a great deal of business in Iowa, both before it was prohibition and since, and we can positively say that there is very little satisfaction in doing business in that state now. Ever so often the goods are Iliyh License. 151 seized, and It causes a jjreat deal of delay and trouble to jjet them released ; iind then there is a fear of not j'l'ettinyj^ money for the g'oods, and all the forms we have to ^o throug-h, making' it a very annoying business. It is like running a railroad under ground. You don't know where you are going or what is ahead. In all my experience often years in Ohio before the temperance movement, and twenty years experience here (Nebraska), previous to high license and since, I believe that high license is one of the grandest laws for the liquor traffic. RELATED EVILS. It is hardly to be disputed that the high license idea has a ))ad effect upon the public conscience. The system of permitting a recognized evil, on condition of a money pay- ment, appeals to the cupidity of the tax payer, offering him a premium to ignore moral considerations. The higher the license the stronger will be this tendency, and it has led to deplorable results which we have no space to do more than mention, Nebraska may be called the headquarters of high license. In that state it had its origin. Some of the information there obtained is thus summarized by Dr. McLeod ; — Evidence heard, facts collected, and observations made have convinced your commissioner that the sociAl evil and gambling are especially flagrant in high license communities. The logical outcome of deriving large revenues in license fees from the liquor traffic is the demand made, and practically conceded, that pro- stitution and gambling be also licensed. In Omaha, Neb., and other places in which the high license system is in operation, gambling is practically recognized as a legitimate business by the payment of a monthly fee (nominally a fine) into the city treasury. Gambling resorts, the mayor said, *' run openly." Aiul there are gambling facilities In connection with the licensed saloons. The social evil is recognized and authorized in the same way. Once a month the wretched women who live by sin pay a fee, and are not interfered with so long as they make payments promptly. Many thousand of dollars are received by the city, annually, for the authorization of these two evils. The effect of all this is to obliterate moral distinctions and to debauch the public conscience. Rev. B. Fay Mills, an eminent religious teacher and leader, after spending several weeks in Omaha, said in a public meeting : "I have been in nearly every city in the United States, but nowhere ti.'ive I found vice so open and without shame upon its counten- ance as in this promising city of yours. Nowhere have I seen tlio gambling hells run so openly and defiantly as here. Licensed 152 - " The Facts of the Case. by the city to carry on their damnable work, tliey run openly and without fear of molestation. Nowhere have I seen the social evil so prominent. Acres of your fair city are set apart for the propag'ation of this evil, and beautiful and costly building's are erected for no other purpose than to be used as houses of ill-fame. There is no other city in the United States that will compare with yours in open temples of depravity." An Omaha paper — the Christian Hour — says : "It (high license) has sent the saloons more than ever into politics * * » 'Yhe whole system oi license has corrupted our police force and lower courts of justice ; they are dens of thieves. Gambling hells are open at twenty-five dollars a month, generally in connection with the tony saloons." Witnesses testified that, except in the payment of the large license fees, the liquor traffic does not regard the law, that there is scarcely a saloon that does not violate the law ; they put up screens, they sell to minors, during forbidden hours, and on the Sabbath day. The statement as to Sunday selling was confirmed by the fact that on the Sunday the commissioners were in Omaha a man was nearly murdered in one of the saloons. There was also much evidence that gambling and prostitution are very general in the cities, and, practically, receive like recognition and authority as the liquor traffic. The money received from these sources is appropriated to the support of the public schools. SOME EXPERT OPINIONS. Mr. Hardy, an §x-mayor of Lincoln, Nebraska, who is known as " the father of high license," discovered in a few years that it did not accomplish what he hoped and expected, and that it did aggravate the evils of the traffic. After nine years observation of the system he said, in 1890 :— There is no longer any excuse for being deceived as we were. The fraud has been tested and found wanting I thought I had done a good thing to reduce licenses (in Lincoln) from twenty-two to five, but when I found that it did not lessen the curse I saw my mistake. There is just as many stabbings, shootings and pounded noses as ever there were ; just as many broken homes, crying wives and ragged children. It is no great consolation to a homeless, hungry, crying wife to tell her that her husband got drunk on high license whiskey. High license is one of the devil's best devices to deceive good temperance people. The late Hon. C. B. Slocum presented the law in Nebraska legislature, and was so earnestly its champion that it is known throughout the State as " The Slocum Law.'' He believed it would produce good results. But he High Lire7i.se. 153 lived long enough to see it tested and to know that it is a failure. In his last illness, speaking of the law, he said : — I was honest in this matter, but it was the mistake of my life. The law as a temperance measure is an utter failure. The effect has been a disappointment, increasing? the worst evils of the traffic. The late Hon. J. B. Finch, of Nebraska, whose reputa- tion was more than nation-wide, consented to the system in the hope that it might, at least, lessen the evils of the liquor traffic. After several years of observation he said : — I know I was terribly mistaken in my theories. Many of the dehisions urged in favor of high license have been exploded by the trial of the law. CONCLUSIONS. The majority report has the following : — l^he undersigned believe that the imposition of high license fees* a more strict supervision of the places licensed, a thorough inspec- tion of liquors, and an efficient enforcement of the law, would materially improve the character of the establishments where liquor is sold, and put an end to many of the evils which now result from the traffic. The minority report says : — High license has not demonstrated its superiority to low license in respect of reducing the volume of the liquor traffic, nor in less- oning the drunkenness and the disorders traceable to drink ; instead, under high license, there has been an increase in the con- sumption of liquors, and a corresponding increase in drunkenness and related evils. High license has not made easier the enforcement of restric- tive regulations of license laws ; the restrictive and prohibi- tive features of the laws could be better enforced if no license fees were imposed. High license has made the saloon appear important, without changing its character, except to make it more attractive and tlierefore more dangerous. High license has created and nurtured a sentiment in favor of the saloon as a source of large revenue, making officers and the public chary of interfering with its violations of law. High license has had a bad effect on the moral sense of com- munities, corrupting the public conscience ; the large fees paid have the effect of a bribe to the people to tolerate the saloon in the false belief that the burden of titxation is thereby lightened ; anil gambling and prostitution are fostered and made sources ot public revenue. 154 Thu Facts of the Case. CHAPTER V. THE CANADA TEMPERANCE ACT. In Chapter 3, Part II., will be found a summary of the provisions of the Canada Temperance Act, popularly known as the Scott Act. It was placed on the Dominion Statute Books in 1878. The voting on its adoption or repeal since that time is given in the following table : — The fig-ures under the heading' *' For " are those of votes in favor of enacting- or sustaining the law. Those under the heading "Against " are votes given against adopting or in favor of repeal. 1879 1 881 1884 1888 1885 1884 1888 1884 1889 1884 1885 •893 1879 1891 1879 PLACE, VOTING. M.\JORITV. FOR AGAIN.ST FOR AGAINST Albert, N.B Annapolis, N.S , Arthabasca, Que Argenteuil, Que Bruce. Ont 718 I, III 1,487 230 526 4.501 3.693 1,690 1,289 646 1,224 1,207 867 '.785 •,215 114 114 235 455 601 3.189 5.085 1,088 1,441 812 739 • .073 149 855 69 604 997 1.252 • • • • « 1,312 602 '"'485' '34 618 930 1,146 225 75 n 1.392 - • • • • . . . 15- Brant, Ont tt Brantford (City), Ont.. . . Brome, Que Charlotte, N.B Carieton, N.^'. ".'...'.'.'. . The Canadii Temperance Act. 155 PLACE. 1879 1884 1887 1891 1894 1 881 1889 1 881 1883 1884 1885 1889 1885 .894 1880 1884 1888 1885 1889 1892 1885 1889 1878 1882 1885 1889 1885 1889 1885 1889 .885 r88i 1881 1884 1888 1881 1884 1888 1 88s 1885 1882 1885 1889 Charlottetown, P.E.I. (< II II (it Colchester, N.S Cape Breton, N.S Cumberland, N.S. Compton, Que Carleton, Ont Chicoutimi, Que. Digby, N.S.. Dufferin, Ont. Drummond, Que Elgin, Ont (t Fredericton, (City), N.B. t( (t (( Frontenac, Ont. Guelph (City), Ont. Guysboro*, N.S Hamilton (City), Ont. Halton, Ont (I Hants, N.S. Huron, Ont , Hasting-s, Ont. . . Haldimand, Ont , Inverness, N.S , Kent, Ont VOTING. MAJORITY. FOR 837 755 689 686 734 1,418 43 739 1,560 1.132 2,440 1,682 I. '57 AGAINST 944 1,904 1.45' 1,190 739 505 3.335 547 403 293 298 370 '.334 '.177 694 480 463 1,661 1.483 '.947 1.853 1,082 5.957 4.695 2.369 '.755 960 4.368 2.855 253 7 '5 669 700 712 184 1,107 216 262 1,620 1.747 2,407 529 42 1,109 1,664 170 600 1,010 1.479 '.770 203 21)2 285 302 693 1,690 526 929 3' 2,811 1,402 1,767 2,050 92 4.304 6,005 2,376 2,306 106 '.975 4.455 FOR 584 40 20 22 '.234 523 1,298 693 628 902 795 1,020 139 1.856" 200 41 13 68 641 168 432 81 180 990 1.653 854 2,393 AGAINST 14 1,064 488 725 2^2, 505 1.223 5'3 449 1,150 197 1,310 7 55' i»6oo 156 The Facta of the Caae. 6t PLACE. Kinjr.s, P.K.I Kinjfs, N.B Kin)?'s, N.S . Kinjj^ston (City), Out . Lisjfar, Man Lambton, Out it << 879 879 881 885 88*1 879 881 885 889 884 889 885 889 885 889 885 889 879 880 885 885 889 880' Northumberland, N.B 892 " " 884 Norfolk, Out 888 Leeds & Grenville, Ont. ii ii Lanark, Ont n Lennox &Adding-ton, Ont tt (I Lincoln, Ont Meg-antic, Que. . . . Marquette, Man. . . . Missisquoi,' Que.... Middlesex, Ont 885 Northumb'rld & Durham 889J 884 Oxford, Ont 889' " 885 Ontario, Ont 889 Prince County, P. E. I . . . 878 884 882 884 884 885 886 885 889 885 886 890 Pictou, N.S Peel, Ont Prince Edward, Ont Perth, Ont Pontiac, Que Peterboro', Ont .... Prescottand Russell, Ont Portland, N.B VOTING. FOR ACJAINST 1,076 59 798 245 .,478 108 7«5 842 247 120 2,667 2.352 2,»57 2,962 4.465 1,546 2,044 3,374 5.058 4.384 3.660 4.938 2.433 2,027 •.538 2,309 2,047 1,01 1 1,462 2,066 2,060 1,490 1.493 2,090 372 844 612 195 1,142 1,167 5.745 2,370 2,992 5,530 875 673 1,780 1,561 2,781 1,694 2,082 2,804 6,050 3.863 4,305 4.932 4,073 3.298 1.538 3.460 3.412 2,061 2,866 3.787 1,762 271 2,939 1,065 ',555 453 1 ,805 1.999 1,528 1.653 3.368 3.536 533 935 1.915 1.597 1.564 1,926 1,535 3.131 667 520 124 558 MAJORITY. FOR 1,017 553 1.370 127 215 2,919 674 406 ■36 570 AGAINST 57 105 1.330 1,278 771 604 597 472 417 25 3.375 • • . > ■ • 2.^38 202 219 1,087 922 2,187 627 775 ¥ 1,922 1.351 . ■ • • • * 921 1.491 1,874 1,108 194 • > • • > > • 125 168 402 318 362 1.596 '47 • ^ M 434 The Cnnndn TeiniMirmiCP Acf. 157 < 879 880 881 884 888 888 881 881 882 886 884 888 880 884 888 885 889 886 892 884 888 885 889 881 879 884 888 885 889 881 884 878 884 PLACE. Queen's, Ont Queen's, P.E.I. Queen's, N. S. , Renfrew, Ont . Richmond, Que . . . . , Sunbury, N.B Shelburne, N.S St. John (City), N.B. Simcoe, Ont Stanstead, Que. St. Thomas, Ont St. John (County) N.B.. it it Stormont & Dundas, Ont ti ti Victoria, Ont Wentworth, Ont Westmoreland, X. B . . . , WelUngton, Ont Welland, Ont .. Yarmouth, N.S. York, N.S VOTING. FOR AGAINST 3'5 181 '.3»7 99 763 82 .,748 1,018 1,670 2,580 1,231 721 .76 4' 807 '54 1,074 1,076 1,610 1,687 5.7 '2 4,529 31894 6,996 760 94' 1,300 975 1,187 '.329 754 743 429 1,001 467 424 556 7'5 4.590 2,884 3. '55 5.298 2,467 ',502 1,560 2.552 1,6.1 2,209 1,082 299 ',774 1,701 2,464 1,698 4,516 3,086 2,084 3.944 1,610 2,378 1,287 96 1,229 214 1,178 655 MAJORITY. FOR '34 I,2>8 681 730 5'o '35 653 ','83 325 1 1 43 1,706 965 783 73 766 '.430 1,191 ',015 523 A(;ainst 910 2 77 3, '02 181 142 572 159 2,143 992 598 1,860 768 It will be noticed that two ineffective attempts were made to repeal the law in Charlottetown. A third attempt was successful. Subsequently, in 1894, the Act was restored. In Colchester, N. S., the Act did not con»e into operation on account of a technicality and no leg'al proceeding's to enforce it were practicable. The repeal vote was promoted by temperance friends to g-et the Act out of the way in order that they might l>roceed against parties selling liquor under the License Act. No licenses have been issued, and the county still has prohibitioru 158 The Facts oj the Case. In the second votinjf in Lanibton County, the Act was adopted, but the voting' was declared void on account of a technicality. In the counties of Lisgar and Marquette, in Manitoba, the Act was adopted but declared in-operative, as these districts were not counties in the meaning' of the law. In Richmond, Quebec, the Dunkin Act was in force and the voting taken was on the repealing of that measure, the Scott Act provisions being made applicable thereto. After the city of Portland adopted the Scott Act, it was united with the city of St. John, in which the Liceri.* e Law was in operation. After the union the Scott Act was repealed in the section that had formerly been Portland. An examination of the foregoing table will show that the Scott Act has received the attention of the temperance electorate in five provinces. In Manitoba it was adopted in two counties, but because of legal technicalities it did not come into operation in either of them. In Ontario it was adopted by twenty-five counties and two cities, and repealed by all of them. In Quebec it was adopted in a few places, in some of which it still remains. In the pro- vinces of Nova Scotia, New Brunswick and Prince Edward Island it was extensively adopted, and, with some trifling exceptions, which are easily accounted for, is still in opera- tion in every place in which it has been tried. The Commission spent a great deal of time in inquiring into the working of the Scott Act, the point continually discussed being the extent to which the law was enforced. It may be stated generally, that the enforcement of the law and its consequent usefulness varied in different localities and at different times. Although the evidence in many cases was conflicting, a majority of the witnesses unhesitatingly aflirraed the usefulness of the measure and its * effectiveness in lessening the evils of in- temperance. This is strikingly shown in the replies received from clergymen in response to questions sent them by the Commission. The replies relating to some other phases of the liquor (juestion have already been considered. The following is a summary of the questions and answers relating to the particular matter now under consideration. The total number of replies received was 2,465. ' Question. Has a prohibitory law been at .'iny time in operation in a parish, mission, or other charge in which you have becti stationed ? The Canada Temperance Act. 159 Answers. Affirmative '.950 Neg'ativo 461 No experience 20 Replies indetinite 12 No reply 22 2,465 Question. — Was such law the Scott Act, the Dunkin Act, or some other local option law ? Answers. Scott, Dunkin and local option acts 1,621 Local option law . . 1 59 North-West Territories Act 63 Other laws loi No experience 166 No reply 355 2,465 Question. — From your experience and observation as a clerg^y- man, had such prohibitory law the eTect of lesseninjj drunkenness ? Ansivers. Lesseninji' 1,606 Neg-ative 259 No chang'e 4 No experience loi Replies indefinite 91 No reply 394 2,465 Question. — From such experience and observation, had such prohibitory law the eF'ct of increasing' or lessening- the drinking of intoxicating liquors ? (1) In the family? (2) In the community? Answers. Lessening Increasing \2 No change ! No experience -! Replies indefinite . . ! No reply ! '^ ',434 1,557 128 93 65 106 98 242 166 462 442 160 The Facts of the Case. The foregoing summary is conclusive proof that the Scott Act and similar laws have, on the whole, commended them- selves to the favor of a majority of observers interested in the promotion of temperance. There is no classification of the replies according to the provinces from which they wero sent. The subjoined information is, however, arranged under heads corresponding to the provinces to whici VuQ facts set out respectively refer. ONTARIO. Shortly after the S3ott Act was enacted bv the Dominion Parliament an attempt was made to secure its adoption in a number cf Ontario counties. The result was not encour- aging. In nearly every case the measure was defeated at the polls. A later campaign was more successful. The first place to adopt was the county of Halton, in which the law came into operation on May 1st, 1882. Later on it was carried in other counties, in five of which it came into operation on May 1st, 1885, and in nineteen others on May 1st, 1886. It was voted out of all of them in 1888 and 1889. It will thus be seen that the law was repealed in the counties of this province after a very brief experience of its operation. In every case substantial votes were polled for retaining it. The facts that led to its repeal as collected from the evidence of many witnesses may be set out thus : — !. The Scott Act was not what the people wanted. They had petitioned Parliament for total prohibition. They were g-iven a law, local, and therefore manifestly difficult of working. The meas- sure was a compromise, and as such did not enlist the enthusiasm that would have hailed the measure which thepeopie desired. 2. F'or some time after the Act came into operation its enforcement was badly hampered by a conflict between provincial and Dominion authorities as to the duty of enforcement, and as to the right to issue licenses f • permitted sale. In some counties two sets of vendors' licenses were in operation. 3. Several Orders-in-Council of the Dominion Government hampered enforcement. One of these was a special hindrance. Under the license system, provincial officials collected fines for violation of liquor laws and used them for enforcement purposes. The Dominion Order in Council required the payment of these Thfi Canada Temperance Act. 161 fines to county councils from which in many cases provincial offi- cials had g'reat trouble in securing- the payment of their expenses. 4. The administration of the law was in the hands of the special officers who had been charged with the administration of the License Act, many of whom were openly avowedly hostile to prohibition. > ' 5. Delay was experienced at first in acquiring familiarity with details of procedure, legal technicalities and methods of evasion, so that for a time it was difficult to secure convictions, resistance to the law being easier and more general than was the case later on. 6. These impediments retarded enforcement. People who had expected the Act to suddenly reform society were dissappointed, the benefits not being what they had in many cases anticipated, exaggerated ide s of what the Act was going to accomplish thus leading to discouragement of those who had worked for it. 7. The enforcement of the law necessitated the giving of evidence by witnesses against their neighbors, thus leading to much bitterness and hard feeling in districts where the law was broken and its violators prosecuted. 8. In many cases the men who had been engaged in the liquor business made special efforts to inconvenience the comnjunity. Hotel-keepers locked up their houses, refusing to accommodate the travelling public, hoping thus to compel repeal of the law. 9. In not a few cases law violaters resorted to incendiarism, assault and other outrages against friends of the Act, in- timidation and terrorism, not at all chargeable to the law, thus leading communities to view it with aversion. 10. All these facts and conditions operated to make enforcement of the law more difficult, thus making the law less effective, and increasing disappointment in its results. 11. Voting on the question of repeal was brought on pre- maturely in many cases, before the law had the three ye.'irs' experiment that was anticipated. Had this voting been delayed till the difficulties already mentioned were fairly surmounted, the result would probably have been different. 12. Politicians made use of the difficulties above set out for party purposes, charging the evil results to the action of their opponents, and thus enlisting partisanship in hostility to the measure. In relation to the matter of intimidation mentioned above, the following is taken from the evidence given at Toronto by the Secretary of the Dominion Alliance : — Qiies. We have heard sometimes of some cases of terrorism. Do you know anything of them? — Ana. Terrorism was flagrant. I might give you a score of such cases, but I take up two or three 162 The Facts of the Case. papers. Here is one paper, the "Canada Citizen," of January 2oth, 1888. It contains a statement of eleven building's burned in one part of the province, in the vicinity of Irish Creek and Easton's Corners, for which two men, Lee and McDonald, were sent to the penitentiary. Dangerous missiles were hurled at Constables Nettleton in Warren's Hotel, Kemptville, while serv- ing a summons. \^wnstables Nettleton, Bennett, Brown and Smith were savagely assaulted at the Burrill House, Kemptville, by an immense mob. Y\\e of the ruffians were arrested and fined. Main's tannery at Kemptville was partly destroyed by fire. The Methodist church at Kemptville was fired in the same way. Dr. Ferguson, M. P., and three other respectable citizens of Kemptville, receiving letters warning them against having anything to do with temperance work, and so on. Several places were dynamited. All through the province these men were carrying on a vindictive warfare which sometimes made the temperance people afraid. I think the terrorism sometimes operated very effectively through secondhand channels. What I mean is this. A man who might himself have little regard for such things might be influenced by his family, who became alarmed at the threats made to him. In some cases the persecu- tion by the liquor sellers took this form : when information would be laid against them, they would summon as witnesses a great many people who had no relationship to the case at all. For example, 1 remember in the town of Beaverton they summoned nearly a score of the W. C. T. U. workers oi the town, and a great procession of ladies were marchv^d into the court. I could mention some things, absolutely too indecent to be mentioned in public, that were perpetrated by the liquor men in their efforts to annoy the temperance workers. This thing was going on all over the country, and it had some'effect. The same witness produced^ a number of clippings from newspapers, giving details of other cases of outrages com- mitted against friends of the Scott Act, and wished to make a summary of their contents. The majority of the commissioners refused to allow this, stating that it was unnecessary, but suggesting that the documents be tiled with the Commission for their information, and for further reference if deemed desirable. The papers were handed in, but no further reference was made to them in the majority report or appendices. It would be easy to fill a volume larger than the present Avith quotations and statements showing that, notwith- standing the difficulties mentioned, the Scott Act did good in many places. Had repeal voting been delayed for some years, many of the difficulties that have already been men- tioned would have been overcome. Improvement was The Ca7iada Tempprancp Act. 163 going on. Inefficient officers were being replaced by better men. Experience in dealing with ditlicuities was being acquired. A longer term of prohibition would have worn out the patience of many law violaters. Evidence that enforcement was becoming more effective is to be found in the following table of informations laid, and convictions secured, for violation of the Scott Act in Ontario, for periods of three months each, beginning May 1st, 1886, when the Scott Act was in force to the fullest extent in the Province of Ontario, and running to May 1st, 1888 : — Informations. Convictions. First quarter 463 267 Second " 56.^ 272 Third «' 373 248 Fourth " 810 605 Fifth " 918 692 Sixth " 1,475 949 Seventh " 1,370 822 Eighth " 1,190 568 Before the end of the eighth quarter voting had taken place, repealing the Act, in quite a number of counties, and while the Act was still nominally in operation, enforcement of the law, which was shortly to end, was very much slackened. Witnesses also testified to the fact that not only was there a falling off in drunkenness during the Scott Act period, but that the repeal of the Scott Act was followed by a large increase in drunkenness. Statistics make this very clear. The witness referred to above, submitted to the commissioners at Toronto, twenty-five letters which had been received from representative men in different parts of the Province, who had written them in the latter part of 1889, stating what they had seen as the result of Scott Act repeal. These letters would have shown forcibly the results of the return to the license system. The commissioners refused to allow the letters to be quoted, but asked to have them placed in their hands for examination. This was done, but no use was made of them by the Commission, and the report did not contain the important facts which these letters set out. 164 The Facts of the Case. One of tlie in(»st important pieces of evidence in reference to the result of Scott Act operation is to be found in the Ontario criminal records for the years preceding, during and following the time when the Scott Act was in opera- tion. Tn considering these figures, it must be remembered that a measure like the Scott Act, under which liquor could frequently be procured by persons strongly desiring it, would not interfere with bad cases of inebriety, so much as it would with the drinking habits of the other sections of the community. Men afflicted with an overpowering craving for drink would run risks and adopt expedients to obtain liquor, while persons not so afflicted would simply accept the situation. There was doubtless therefore a much greater reduction in the drinking practices of the community under the Scott Act, than there would be in the record of criminal drunkenness. The minority report con- tains the following : — There was also presented at Toronto an important statement embodying' a careful analysis of the official provincial fig-ures for conmiitments for drunkenness during' the years of the Canada Temperance Act's operation and the years preceding and follow- ing that operation, but a majority of the Commission decided not to put it in their report. Because of the importance of this state- ment it is herewith submitted : '* There are various data from which conclusions may be drawn ; there are the local police records of arrests for drunkenness in different places ; there are the court returns of convictions for drunkenness which are gathered up from the different counties in the criminal statistics published at Ottawa ; there are the returns made to the Ontario Government by the jailers in the different counties of commitments for drunkenness. All of these sources of information should be carefully examined, although there is little doubt that all, dealing with the same evil, must show similar results. In the present paper an inquiry is made based upon the last named report, which is, as far as it goes, the most available and complete of all the three. "The report, for the year 1892, of the hon. the Provincial Treasurer of Ontario, on the working of the tavern and shop license Acts, contains on page 90 a statement showing the number of persons committed to jail tor drunkenness during' the years from 1876 to 1 89 1 inclusive. These figures cover all the time during' which the Scott Act was in operation in any part of the province of Ontario. '* The license year for the province of Ontario ends 'on the 30th of April, and the Scott Act, when it came into force in a county of this province, came into force on the first day of May. The Canada Temperance Act. 165 The judicial year, for which the fig-ures are jfiven in the table referred to, ends with the 30th day of September. There is therefore a little difHculty in inakinjjf comparisons between Scott Act years ;Mid license years, inasmuch as the fijjures for the year in which the vScott Act beg'an to oper.'ite, and the year in which it ceased to operate, are fig-ures covering a period during which the law was part of the time a license l.'iw and part of the time prohibition. '* Another difficulty met with in the making of comparisons is (lie fact that the Scott Act affects a municipal county or city, while the figures of commitments for drunkenness are for judicial counties, which are not in all cases coterminous with municipal counties. "Where a municipal county includes a city, the city and county are united for judicial purposes, and the figures for commitments cover both. There were five counties, namely : Brant, Carleton, Frontenac, Lincoln, and Middlesex, in which the Scott Act was carried ; but each of these counties included a city in which the license law remained in operation. The figures* for these judicial counties are, therefore, for territory partly under license and partly under Scott Act. " The judicial counties of Simcoe, Victoria and Haliburton and Renfew, and the judicial district of Muskoka and Parry Sound, include portions of territory that did not come under the Scott Act, although parts of the three counties and the district named was under that Act. The figures of these three counties and that district are also, in each case, figures for territory that was partly under license and partly under Scott Act. " The Scott Act was carried, altogether, in twenty-five municipal counties and two cities. It affected, however, twenty- six of the judicial districts set out in the above mentioned table. The judicial districts of Brant, Carleton, Frontenac, Lincoln, Middlesex, Muskoka and Parry Sound, Renfew, Simcoe and Victoria and Haliburton, were, as has been said, partly under license and partly under Scott Act. The judicial counties of Bruce, Duflferin, Elgin, Halton, Huron, Kent, Lambton, Lanark, Leeds and Grenville, Lennox and Addington, Norfolk, Nor- thumberland and Durham, Ontario, Oxford, Peterboro", Stormont, Dundas and Glengarry, and Wellington, came entirely under Scott Act in every part of their respective jurisdictions. The remaining sixteen judicial counties remained throughout under license. " The county of Halton changed from license to Scott Act in the judicial year 1882 and changed back to license in the year 1888. The Scott Act did not come into force in any other county for three years after the commencement of its operation in Halton. Halton, therefore, has to be considered to a certain extent by itself. (11) 166 The Facts of tlie Case. " If we omit the years of chanjfe, 1882 and 1888, we find from the offieial table referred to the following' facts : For the six years from 1876 to 1881, inclusive, the county of Halton had 54 commit- ments for drunkenness, an average of q per year. For the five following years of IScott Act, from 1883 to 1887, inclusive, the county of HalttTii had 40 commitments for drunkenness, an average of S per year. For the three years 1889 to 1891 inclusive, subsequent to the repeal of the Scott Act, the county of Halton had 31 commitments for drunkeiuiess, an average of lo'j per year.' " Of the other twentj'-five judicial counties, Bruce, DufTerin, Huron, Norfolk, Oxford, Renfrew, Stormont, etc., changed from license to Scott Act in 1885. All of these, excepting- Oxford, changed back to license in 1888. Oxford changed in 1889. Because of the overlapping of judicial and municipal counties, already mentioned, it happened that the judicial counties of Simcoe, V^ictoria, and the judicial districts of Muskoka and Parry Sound, came partly under the Scott Act in 1885, still more under that Act in 1886, changed in part back to license in 1888, and came entirely under license in 1889. The remaining fifteen judicial counties, Brant, Carleton, Elgin, PVontenac, Kent, Lambton, Lanark, Leeds, etc., Lennox, etc., Lincoln, Northumber- land etc., Middlesex, Ontario, Peterboro', and Wellington, changed from license to Scott Act in 1886, and back to license in 1889. '* It will thus be seen that there was only one year, 1887, in which all the judicial districts affected were under the Scott Act to a maxinmm extent. It is also clear that the transition years 1885-6 and 1888-9 would not give data of value in making a com- parison between the results oi Scott Act and license respectively, and to get at any just conclusion as to the effect of the Scott Act upon the number of commitments, we must compare the year 1887, when the Scott Act was in force to the fullest extent, with the years previous to its coming into operation and the years sub- sequent to its repe.'il. VV'e take the two years just before and the two years just after the change as the nearest and fairest for com- parison. The facts in regard to the county of Halton have already been set out. Taking all the other judicial counties and districts of the province of Ontario for the years named and arranging them in three groups, ( i ) those coming entirely under Scott Act ; (2) those coming partially under Scott Act ; (3) those remaining entirely under license, we get the following tables showing the commit- ments for drunkenness in the respective groups. The Cnrtndn Temperancp AH. 1G7 Table I. — Counties chantjfinjj-ontiroly from License to Scott Act. LICKNSK S(\>TT ACT LUKNSK COINTV 1883 1884 1887 1890 i8<)i Bruce 10 92 5 -\3 75 9 19 18 18 21 10 28 7' 8 93 3 82 4 26 •05 7 •35 20 •7 26 I 5' 30 9 49 6 3 25 7 i^ 9 24 8 5 6 ■*5o' 1 1 4 22 6 2 20 5 7' 108 5 5« 22 3 38 2 5' 45 ^S 10 7 1 32 5 47 95 5 44 23 10 22 DuflFerin Elfirin Huron Kent Lanibton Lanark Leeds and Grenville .... Lennox and AJding-ton Norfolk Northumberland and Durham . Ontario Oxford 34 24 '4 4 Peterboro' Stormont, Dundas & Gleng-arry Wellington 500 566 218 47' 367 * The returns do not give tlie fiKiires for 1887, l)Ut the j.-iilcr statt-s that there were fifty coiniuitiiifnts. Tahi.K I L -Judicial Counlies chanjced in part from License to Scott Act. COINTV Brant Carleton Frontenac Lincoln Middlesex Muskoka and Parry Sound Renfrew Simcoe Victoria and Halibm-ton . . . SCl>TT LICKNSK ACT LICE .883 1884 1887 1890 75 5« I 12 182 261 3'4 286 336 46 75 \(# 129 ^5 39 21 24 269 445 404 2s7,^ 8 16 8 28 •7 27 2 I «7 99 16 34 7 20 2 7 ^2.S '.093 959 '.073 1891 112 204 '25 12 213 J9 34 I 720 168 The Facta of the Case. Tabi.k III. — Judicial Counties remaining- under License without any change. COl'NTY Algonia Kssex Grey Haldimand Hastings Nipissing Peel Perth Prescott and Russell Prince Edward .... Thunder Hay... . . . . Waterloo Welland ... Went worth York .883 1 1884 21 «5 121 103 «9 28 7 7 .S7 50 ID •7 4 10 37 '4 2 70 46 296 705 '4 1 1 34 23 37^ 295 •.4»5 1,661 2,553 2,985 1887 85 45 21 «7 5' '3 8 12 1890 20 148 8 32 373 2,166 2.999 69 35 •7 >5 49 97 30 •4 33 125 •7 16 4.8 2,085 3,020 1891 77 57 •3 22 34 96 •7 4 5 »9 120 '3 7 251 '.783 2,5'8 ** Table I. is, of course, that which makes clear the result of the Scott Act on the commitments for drunkenness. It is instructive. A careful examination of it will show that with one exception every county in which commitments for drunkenness were common was greatly benefited. In the exceptional county, Oxford, the enforce- ment of the law in the town of Woodstock was very lax. Every other county that had over ten commitments for drunkenness in either 1883 or 1884, shows a startling reduction of such commit- ments under the Scott Act. It would be unfair to generalize from any isolated case, but the conclusion from the whole of the coun- ties is irresistible. " The total figures of all the counties named for the different years should be carefully noted. Then it must be borne in mind that the Scott Act was new. Its maximum benelit could not be attained until it was long enough in operation to give those charged with its administration the knowledge and success in its enforcement that could only come from study and experience. •'Table I. includes all the counties that came entirely under the Scott Act. Excepting Oxford, they had all exactly two full years of Scott Act experience, and 1887 was one of the Scott Act years in every ca.se. If they are separated into two sets, according to the different times of the coming into force of the law, we can com- pare two Scott Act years for each set with the preceding and sub- sequent license years. We then get the following : — The Cimadn Temperanee Act. 169 Tablk IV.— Counties entirely under Scott Act in 1886-87. < LICKNSR SCOTT ACT LICENSE COUNTY 1 88 J 1884 1886 1887 1889 1890 Bruce Durtcrin ... . 1 Iiiron 10 5 18 8 • 3 I 4 '7 9 2 3 4 6 1 16 6 3 5 4 18 8 4 2 '7 -J9 60 6 2 5 3 ■55 Norfolk ... Storinont. etc 4' 34 4' Tahlk v.— Counties entirely under Scott .Vet in 1887-88. COINTV Eljrin Kent Lanibton Lanark Leeds, etc Lennox Northumberland Ontario Feterboro' Welling'ton . . . . LICENSE 1884 ,885 82 57 26 18 '05 130 7 6 '35 80 20 6 26 26 1 4 30 27 49 32 481 386 SCOTT ACT 1887 1888 25 7 3« 24 8 6 II 22 «5o 29 9 64 4 3' 7 12 26 21 203 LICENSE 1890 379 1891 20 32 7' 08 47 95 5 5« 5 44 22 38 ^3 22 2 45 24 10 4 296 " These tables are convincing". It would be impossible to make any fair arrangement of the figures they contain without having evidenced the same fact, that the Scott Act, despite its defects and the difficulties that surrounded its operation, was effective in le.s.s- ening^ criminal drunkenness." 170 The Facts of the Case. (jUEUEC. The evidence taken by the Commission, in reference to the working of the Scott Act in the Province of Quebec, related mainly to the counties of ih'ome and Richmond. In the latter the Dunkin Act had been adopted before the Scott Act was enacted by the Dominion Parliament. The pro- ceedings for the enforcement of the Act, 'however, and in relation to attempts to repeal it, were taken under the provisions of the Scott Act ; so that it is practically an example of the working of that law. Mr. William Evans Jones, of the town of Richmond, in the county of Richmond, gave evidence pulation of the town is 2,500, but I ailjudicate for the county. My practical jin'isdiction would extentl over 7,000 people. Another witiieHs examined at the Haine time wjis Mr. John Ewin^, of Menx)urne, l{e«^istrar of the county of Richmond. Part of his evidence is as follows : — Qilrs. Do you concur in the testimony ^iven by Mr. Ji>nes ? - .1 us. Ves, as tar as I have knowledj^-e. I woukl like to adil i>ne tiling. Me referred to me as secretary treasurer of the agri- cultural society of the county. I have been that for the l.'ist two years. We had two exhibitions, and besides bein^ treasurer of the society, I was manaj^'er of the exhibition. At the last ex- hibition, and at the exhibition before, we had about 4,000 people present, and we had not a case of intoxication, not an arrest ; and it was a matter of contrast between that condition and the state of thing's we had some years ago. Quett. What was the condition of things at such public exhibitions as you speak of in the years before the Dunkin Act was enforced ? — Ans. We were in the habit of having drunken men on the exhibition grounds, and general disorder in the town on the night of the exhibition. Ques. Sometimes it is said that hotels cannot be very well carried on unless there is permission to sell liquors. Has Richmonil town or county suffered in its hotel accommodation by reason of the enforcement of the Dunkin Act? — Allft. We had seven places licensed, and we had nominally seven hotels, besides the Clrand Trunk restaurant. Four of these are now converted into private residences ; three of these are doing the business with the same c'lccommodation, minus the bar. Qiies. And making it profitable ? — Ans. Yes. Ques. Do you find the patrons of the hotels complain of the lack of the accommodation they had before ?— /1 7l«. No, there is plenty of accommodation. Qices. Where is Danville ?—A7i8. Twelve miles from Richmond. Qiies. Is it a town? — Atui. Yes; the registry office is in the town of Richmond. Ques. What is the condition of Danville ? — Ans. Danville some years ago took the lead in the prohibition movement in the 172 The Facta of the Ca.s. cointy, and I was informed the day before yesterday that w'lereas some seven or eig'ht people under the Dunkin Act were Sijlling- liquor, and from fifty to sixty hogshead of liquor a year were sold in Danville, they do not believe a barrel is broug'ht in now, because there is practically none sold except throug;h the drug- store. In reference to the county of Brome, Mr. Moses B. Jewell, of Farnham, in that county, trader and manufac- turer, was examined very fully. From the report of his evidence we take the followii)g extracts : — Ques. — Do you believe there is any litjuor sold in your own miniiciprt!'.t> r A ns. -I do not think so now. There have been times when there were some few places disposed to keep it and sell it a little clandestinely. There were efforts made to stamp those places out. Qiies. — What is your experience as a whole ? Do you believe there are any parts of the county in which liquor is sold? Ans. — I have not much doubt but that a little is sold in most of the hotels. At least that is the reported state of thing's. Quefi.—Wha.i has been your experience of the working of a pro- hibitory law, as to whether it has been effectual or not ? Ans. — To a large extent. I am satisfied there >'annot be any question as to its greatly decreasing the sale of liquo' ? Ques. — For what reasons? Ans. — Liquor cannot be sold openly, and you see nothing of liquor. I judge from that fact and the absence of drunkenness. Que«. — Is there less drunkenness now than th ?re was during your earlier recollection ? Ans. — Yes. Ques.~~\\a.\e you jailed m.i!iy under the Scott Act ? Ana. — One or two only. There are a great many difficulties about the enforcement of the Scott Act, but I do not consider they are serious ones. I think the law is about as good as a local option law can be. If the temperance people would take as much interest in it as they should do, .'tnd not leave all the work to one or two people, it would be far better enforced. NEW BRUNSWICK. In the maritime provinces there is a community strongly in favor of prohibition. The Scott Act was there taken hold of immediately upon its enactment by the Dominion Parliament, and was adopted by substantial majorities in the greater part oi all the provinces. New Brunswick has not quite so large a proportion of prohibition territory as have Nova Scotia and Prince Kdward Island. There were at the time of the commia- The Canada Temperance Ant. 173 sioners' visit fifteen counties and three cities in the province. Nine of the counties and two of the cities were under the Scott Act. The Commission took evidence in the cities of St. John, Fredericton and Moncton, and in the town of St. Stephen. The Scott Act was in operation in all these places excepting St. John. The opinion of the people of New Brunswick may be fairly inferred from the voting upon the Scott Act. For this purpose we take the latest figures from those counties in which the law is in force, in some of them several efforts having been made to repeal the Act. The figures show the number of votes polled for and against the Scott Act : — Year. Place. For. Af^aiiiHt. 1879 'Albert 718 114 1879 Carleton 1,215 G9 ' 1891 Charlotte 1,785 855 1888 Fredericton 370 302 1879 Kings 798 245 • 1892 Northumberland... 1,780 1,561 1879 Queens 315 181 1881 Sunbury 176 41 1888 Westmoreland 2,464 1,698 1884 York 1,178 655 • Total 10,799 5,721 The opinions of the witnesses examined in Fredericton, Moncton and St. Stephen, where the Scott Act was in operation, were conflicting. Quotations could readily be made from a majority of them to show that tht; Scott Act liad done good. Evidence of others might be selected showing a different opinion. The views presented may be briefly summarized. In Fredericton thirty-eight witnesses were examined. Four of these were clergymen, thirteen were public orticials, Dominion, provincial and municipal. Twenty- three expressed the opinion that the Scott Act had been l)eneficial, cloven did not think it had done any good. The opinions of all on this point were not asked. Fifteen witnesses were examined in Moncton. Four of ibese were cler^-men, and six were ottitiials. Of thosg 174 ' The Facts oj the Case. questioned directly alxiut the effect of the Scott Act, eight believed that it had done good and two believed that it had done iiann. In the towfi of St. Stephen fifteen witnesses were cxaniined, eight of wjioin were otticials. Of those asked directly, eight believed that the Scott Act had done good, and t>ne that drinking had increased under it. One of the most forcible pieces of evidence relating to New Brunswick is furnished in a document prepared by Mr. George Johnson, Dominion statistician, in response to a letter from the chairman of the Commission, addressed to the Hon. the Finance Minister, asking for statistics relating U* convictions for crime in those parts of the Dominirin in which prohibitory laws wer'e in operation, and for similar information relating to places not under the operation of such laws. Mr. Johnson prepared a report \\\ which he attempts to sliow that, taking the Dominion as a whole, crime was no less when the Scott Act cover*ed the greatest amounts of territory than when it covered less. He obtains this result by a calculation which is not accurate. There is, however, more vnlue in the part of his report in which he compares the criminal records oi Scott Act and license districts, as follows : — The crime returns for the province of Ontario are made to the statistics branch at Ottawa in accordance with divisions of the country provided by the Provincial Governnient. Tiie population in 1S91 is jfiven aceordinjc to divisions provided by the Federal authorities. As these two sets of divisions do not coincide il becomes diflicult to desij^-nate the Scott Act counties so that eoni- parisons may be made as to the growth of population and otlier points. There is, however, in the province of New Brunswick a g'roup oi nine counties whose territorial division hfive remained the same. These nine counties have been imder the Scott Act for more thar. ten yefirs. They are all connected jifeog-iaphicaliy. They cor- tain 61 per cent, of the whole population o\' the province. They have within their borders several tlourishinj;' cities and towns, as Kredericton, Marysville, Woodstock, St. Stephen, Milltown, Chatham, Moncton. They seem in every respect a jjroup fairly representative of the whole country, in industries, in religious beliefs, in racial and in g^enenil conditions. In respect to crimes the st;itistics show that in the ten years 1882-91 (both years included) there were 22,841 convictions in the # The Canada Tetnperance Act. 175 province of New Brunswick. In the whole Dominion there were ;?4S,46o convictions, making- the mean of population 4,578,810. We have the averaj^^e of 7,800 convictions per annum for every million of the inhabitants of Cannula. In the province of New Hrunswick the averag^e is at the rate of 7,1 12 per million. So that t!u> averag-e durini^ the ten years was about 9 per cent, less than ilic ^•enert'il averag^e of the Dominion. We have seen that there were 22,841 convictions in the province diirinjc ten years. Divided according to Scott Act counties and non-Scott Act counties, there were 8,738 in the nine Scott Act counties and 14,102 in the other counties, or 384 per cent, in the nine counties ;ind 61 6 per cent, in tlie non-Scott Act eou'ities, judged by the criminal statistics. That is to say 61 per cent, of tlie population had 38'-^ per cent, of the criminal convictions and 30 per cent, of the population had 61 1^ per cent, of the crime as indicated by the convictions. These facts are very forcible. Mr. Johnson mij^ht have followed the comparison furtlier. Of the 22,841 convic- tions, 1.3,598 were for the offence of (hunkenness. Of these 4,98G were in tlie 8cott Act counties, an-l 8,612 in the counties in which license was in operation. That is to say, sixty-one pjr cent, of the population (under Scott Act) had tliirty-six and one-half per cent, of the convictions for drunkenness, and thirty-nine per cent, of the population (under license) had sixty-three and one-half per cent, of the convictions for drunkenness. Although Mr. Johnson was asked only to report upon the question of crime, he has gone further, and prepared a table showing the changes in the amount of capital invested, persons employed, wages paid, and products, in the manu- facturing industries of these separate groups of counties for the years 1881 and 1891, thus setting out the progress of manufacturing development in these groups of counties respectively. His interesting table may be summarized as follows : — Scott Act counties. License counties. 1881. i8qi. 1881. 1891. *-'.ipital $3,86^,531 $8,608,648 $4-559.75" $8,000,107 I'.inployees .. 9,820 '3».199 10,102 13.270 \N'.'iges 1.935.4^3 2,972,971 1,930,528 2,963,050 Products 9,104,223 11,431,457 9.407.^35 12,254,179 From this table it is manifest that the Scott Act counties iiad a larger increase, and a larger percentage of increase in capital invested, in number of peisons employed, in ■OA 176 The. Facts of the Case. amount of wages paid and in value of products, than had the counties under license. Mr. Johnson, however, by a curious little trick, utterly misrepresents this fact. He takes the increases in capital invested, the number of employees, etc., in these respective groups of counties and compares them, not with the original amounts and numbers, but with the population of the respective groups of counties, thus showing that propor- tionately to 1,000 of the population there was a smaller increase of manufacturing in Scott Act counties than in license counties. This is natural enough, the Scotc Act counties being largely agricultural, the license territory including the large city of St. John. He leaves out of con- sideration any calculation as to the increase or decrease (if number of employees in agriculture, or amounts invested in agriculture, and presents his figures so as to make it appear that the Scott Act has worked injury to manufacturing interests ; this he does by perverting tables which, if fairly considered, show the reverse of what he attempts to prove. He also presents tables indicating that under the Scott Act the difference between the birth rate and death rate of the population was less than in license counties, and winds up his uncalled for and unfair manipulation of statistics with the following statement : — It would stHMii thai tlie rosult ot the invostijjf.-ition is to show that in a lifiMieral way tlio Canada Teniperanco Act has not rodiu'od crime, but that where it has been under the most favourable conditions imaginable these criminal convictions iiavo materially decreased. That in other respects, lor instance, industrial prosperity, population, cbaracter of pi>pulation as to ag'e j>eriods, etc., tlu' New Hrunswick illustration fails to prove that the Canada Temperance Act carries in its train other material blessing's. It is not likely that the Scott Act at all affected the manufacturing interests of New Brunswick, but the reason- able inference from Mr. Johnson's figures in regard to its effect upon drunkeimess and other crime is exceedingly valuable, the more so as it is evidence given by one who manifestly prefers to make statements and draw conclu ^^ons i)ot favorable to the law. The Canada Tempfiranre Act. 177 NOVA SCOTIA. Tliere are eighteen counties in the province of Nova Scotia. The Scott Act is in force in twelve of tliem. The Nova Scotia license law, as already stated, does not permit the issue of licenses except in localities where public senti- ment so desires. In four of the six counties not under Scott Act, no licenses are issued. Sixteen of the eighteen counties are therefore under prohibition. Evidence was taken by the commissioners in Halifax, where the license law is in force, in Truro where the Scott Act is not now in force, but where no licenses are issued, and in the Scott Act towns of Yarmouth aiid North Sydney. At the time of the couimissioners' visit the Scott Act was badly enforced in North Sydney, which is in the county of Cape Breton. The evidence taken showed that in other places a better condition of affairs prevailed. ^Jenerally speaking, it seems that the Scott Act is well observed in rural localities, and, though still productive of good results, is more frequently violated in populous places. Sixteen witnesses were heard in North Sydney. Four of these were otHcials. Of those (juestioned directly as to the Scott Act, ei<;ht believed that it was effective in limiting the liquor trattic Jind five held a different opinion. Tt is worthy of note that witnesses who considered the law a failure in North Sydney, testified to its good effects in other places. ^in the town of Yarmouth in the cou!ity of Yarmouth, thirty five witnesses were examined. Four were clergymen, six medical men, eleven officials and fourteen others. Of twenty-six who were asked directly as to the results of the Scott Act, twenty-four declared that good had been done by it. Two did not believe that the Scott Act had reduced drunkenness. It is also worthy of note that all the wit- nesses in Yarmouth who were directly asked their opinion on total prohibition expressed themselves favorable to it. It would be ejisy to quote freely from the evidence of these witnesses to show their cordial approval of the Scott Act. 1 78 The Facts of the Case. PRINCE EDWAIU) ISLAND. The province of Prince P](lward iHland contains three counties, Kings, Queens and Prince, and one city, Charlotte- town. The Scott Act was passed by tlie Dominion Par- liament in 1878 and by September of the following year it had been voted upon and adopted in every part of this pro- vince. In 1891 a repeal movement was successful inChar- lottetown. No license law, however, took its place, the sale of liquor for a time being entirely free. Later on a police regulation was passed imposing certain restrictions upon those selling liquor, but not legally authorizing any license to sell. The Scott Act was re-enacted in the city in 1894. The latest votes upon the Scott Act in Prince Edward Island are as follows : — For. Against. Prince 2,9;i9 1,065 Kings 1,076 59 Queens 1,317 99 Charlottetown 734 712 Total 7,066 1,935 At the time the Commission visited the Island the police regulation above mentioned was in operation. Evidence was taken in Charlottetown and Summerside. As in other provinces the commissioners did not visit any of the rural places where the Act was altirmed to be most effectively enforced. The evidence was conflicting, but a majority of the witnesses examined unhesitatingly testified to the effective- ness of the measure. In the city of Charlottetown thirty-two witnesses were called. Thirty expressed a definite opinion upon the Scott Act. Seventeen of these considered it had done good, thirteen held a diflferent opinion. A number of those who did not approve of the Act were engaged in the liquor business. In the town of Summerside eleven witnesses were called. Ten of these gave evidence directly on the results of the Scott Act, nine of them testifying that it had produced good results. The Canada Temper ance. Act. 179 In the city of Charlottetown some of the witnesses who are counted as not agreeing that the Act had produced 1,'ood results in the city, declared notwithstanding that it had been beneficial in rural districts. The results of the change back to the Scott Act in 1894 subsequent to the visit of the commissioners, are thus referred to in the minority report. When the Canada Temper.'ince Act had been in operation in the city of Charlottetown for six months after its re-enactment, in i approved, no other repealing by-law shall be submitted for the like approval within the full tern> of three years thereiifter. The sale or kt*eping for sale of liquors without license in any city, town, incorporated village or township in which there is in force any l>y-law for prohibiting the sale of liquors passed in pur- suance of section i8 of the Act passed in the 53rd year of Her Majesty's reign, entitled "An Act to improve the Liquor License Laws," shall nevertheless be a contravention of sections 49 and 50 of this Act ; and all the provisions respecting the sale or keeping for sale of liquor in contravention of said sections, and penalties anil procedure in reference thereto, shall be of full Ibrce and effect in such municipality, notwithstanding such prohibitory by-law. It will thus be seen that where local (option by-laws are enacted such by-laws are simply effective in preventing the issue of licenses. The provisions of the license law other than thus authorizing tlie issue of license, are practically still in force and any retail liijuor selling is dealt with by the provisions of the license law relating to sale on un- licenvsed premises. The enactment of this measure was hailed with a good deal of satisfaction by prohibitionists, who immediately proceeded to take advantage of it. The following table prepared by the License Department shows the results that have been obtained. , . Date. Municipality. Status. Number of votes for. Number of votes against. a T : : Majority '. : against. No. of Licenses affected. 1890 Sept. 1 2 Dec. 24 •* 12 Lanark Wellington .... East Luther . . . Es.sex Centre .. South Norwich London, West.. Mensea Tilbury, East... Embro Township. Village .. Township. Town . . . Township. Village . . . Township. it Village . . . 149 65 222 •93 272 181 3' 7 3^3 55 42 62 222 92 266 '37 266 '52 89 107 3 t2 U 2 " .7 1891 Jan. 5 •* 5 " 5 ♦' 5 •♦ 7 lOI 6 44 5' 171 • • • 34 t3 t4 +2 +2 4 2 Other E.vainpleH of Litnif 0/Uion. 1S3 Pat I'. Mai i8i)i Feb. 12 •' i6 '7 20 ^7 9 " 20 April S Nov. 21 lSt)2 Jan. 4 4 4 4 '5 20 I 8 Mar. 14 " 29 April 16 May 9 30 30 i«93 Jan. 2 " 2 .. 2 " 2 Mar. 17 " 21 April 12 Feb. 28 May 30 Aug. 12 it t< t( it Feb. ti 1 1 it Miiiiii-ipality. Leamington . . . 0;iklaiui .... North Cio.stield. Dereham Onondajfa . . . . Saiilt Ste. Marii' W'estmeath. . . Parry Soimd Binbrot>k Til.sonbur^ , . . . Cioulboiirn . . . . McDouj^all. . . . Mariposa Pickerinjc Haldimand Huntsville. . . . Winchester . . Blenheim Storring'ton . . . Foley Campbellford . . Burford Roxboroiigh . . Stouffville VV^yoming' Pickering Status. Town . . . , Township. it ti Brock Coboconk. .. Olden Norwich .... East Luther . . Maxville . . . Gainsboro .... Carnarvon .... West Garafraxa Faradav Town . . . Township. Town . . . . Township. Town Township. it it it Village . . . it Town . . . Township, it Village . . . Township, it Village . . . it Township. Village . . . Township. Village . . . Township. i^ „ X C V C w 3 O '«3 1 1 1 204 "3 146 186 119 KU -'43 •55 30 397- 560 387 84 7' 186 233 40 217 353 -273 •37 85 628 265 339 70 >32 3" 67 .385 59 224 66 9,291 o u ■/i C •/) V 168 74 62 89 98 107 '56 '3^ 282 9 32^ 497 .387 IOC '5 209 •95 60 228 39 • ^93 '37 85 557 459 272 88 •39 186 34 202 35 82 69 7.853 u ,0 O •5 37 142 233 •5 .39 30 50 I 21 73 63 56 '38 7' 67 •-25 33 •83 24 142 1,941 39 80 6 23 20 I i 38 20 •94 is 7 53 "t3 o y. 503 t4 U ti U t2 3 +4 I h 4 2 o 4 t7 I 3 t2 3 3 o 4 3 7 3 I 7 5 5 I 4 2 2 2 o 2 2 184 The Facts of the Case. • In the case of By-laws marked thus, f they were set aside on appeal, by the Courts. It will be noticed that By-laws were submitted twice in the town- ships of Pickering' and Luther. The first vote in the former was set aside by the Courts and in the latter the first vote was a tie. The by-law passed in the town of Sault Ste. Marie rela- ted to shop licenses, that is, licenses for the sale of liquor not to be consumed on the premises. The by-kws in the other cases related to both tavern and shop licenses. The local option legislation was attacked in the courts and orders were obtained quashing the by-laws in the cases which are marked thus t in the preceding table. This action of the courts was appealed against. The final decision of the Privy Council of Great Britain recently given affirmed the validity of the law. This decision had not, however, been rendered when the Royal Commission reported. Now that the question is settled there will pro- bably be a revival of interest in this measure. Important information was given to the Commission in relation to the working of prohibition under this legislation in Ontario by Dr. A. C. Gaviller, of Grand Valley, in East Luther, from whose evidence the following extracts are taken: QtL€8. Do you think that the extent of prohibition that you have under the Crooks Act is working well? — Ans. Yes, very satisfactorily. Ques. Is there illicit sale there, do you think ? — Ans. I do not know of any. Quea. What is the population ? — Ans. About 800. Ques. In some places we find that drug stores are alleged to sell liquor for beverage purposes. How is it there ? — Ans. There is only one that sells it, that is Dr. Hopkins, and I believe he observes the law. The other does not sell for medicinal purposes or otherwise. Ques. Have you observed the condition of the community as to drinking and drunkenness as compared with the condition under the previous system ? — Ans. I know that under the license system, which obtained from 1888 to 1893, I frequently saw drunken men, lots of them, and I have not seen a drunken man in Grand Valley since the first of May last, when this local option law came into force. Ques. And I suppose you are out a good deal ? — Ans. Yes, I am out in the village often at nights, and in the country. I have not met a drunken man since then. Ques. Do you often have public gatherings there ? — Ans. Yes, we had a larger crowd at our fall fair this year than ever — about Other Examples of Local Option, 185 two thousand. I went through the grounds and through the village, and I did not see a man the worse of liquor. Ques. Do you remember how it was in previous years ? — Ans. Yes. We used to have a good deal of drunkenness and fighting. Ques. And you attribute the changed condition to the local option that you have under the Crooks Act ? — Ans. Yes. , . , . Qu£8. Have you observed what the eflFect has been on the other businesses of the town ? — Ans. They claim that there is an increased business and an increase of cash payments to butchers and grocers. This year we have two butchers ; last year there was only oae. I was talking to the new one, and he said that his cash sales were better than those of the one who was there last year. Qiies. Do you think the same thing is the case with the other branches of trade that provide the comforts and necessaries of life ? — Ans. We have one more grocery than we had last year. I was talking to the new man after the fair day. He said he was doing a very good business. He said that local option had benefited his line of trade. Ques. Sometimes it is claimed that unless there are facilities for providing liquor refreshments on holidays as well as on other days, a town will suffer loss, because there will not be as much money left in it ? — Ans. This grocer was telling me about fruit. I am satisfied that there was a great deal more fruit bought in the village at the time of the fall fair than before, and a great deal of soda water was used. We have two soda water fountains. Ques. So you do not think the town suffered in other trade in consequence of local option ? — A'yis. No, I did not think it did. MANITOBA. In Chapter 4 of Part II will be found information rela- ting to the legislation in force in Manitoba under which licenses can be excluded from a territory either by petition or local option enactment. The Commission did not visit any of the many places in this province in which the liquor traffic is prohibited, nor did they obtain much information relating to such prohibition. The most important witness on this question was Mr. J. K. McLennan, grain merchant of Winnipeg, from whose examination the following is taken. Ques. How long have you resided in Winnipeg? — Ans. Nearly two months ; I recently came from Treherne. Ques. Have you had any experience of prohibition, either general or local ?^We are working under a no license plan at Treherne. We had a license at first, but the people finally 186 . The Facts of the Case. ,. protested it out of town and no license has been granted since. The license was protested about a year ago. A town near there, called Holland, was working- under license, while Treherne grants no license. Ques. Have you ever known on occasions when crowds gathered, as on 24th of May and ist July, that the people were boisterous at Holland, while the people at Treherne were quite peaceable ? — Ans. Yes. Ques. You do business at Treherne ? — Ans. Yes, in the stores there. Ques. Do you know whether the granting of licenses has any effect on general trade ? — Ans. I consider it safer to do business where no liquor is sold. I think the people pay their accounts better. It is necessary in the country to give credit, and I think if much liquor is sold it is dangerous to give much credit. You feel more inclined to accommodate the people when you know they are not drinking. Ques. They have more money because they are more thrifty, I suppose? — Alw. Yes. QUEBEC. ■ , ' What has been said in reference to the faihire of the commissioners to visit prohibitory territory and there examine the workings of the law, applies to the course taken by those gentlemen in Quebec, as well as other places. As has already been shown, the municipal code of Quebec gives municipalities the right to prohibit the sale of liquor. The extent to which advantage was taken of this legislation, is shown to some extent in the evidence of Mr. Alfred Brosnan, Comptroller of Provincial Revenue, Quebec. His evidence contains the following paragraphs : — Ques. Are there any other parishes that have come under the provisions of the municipal by-law, and in which there is no licenseof any kind issued? — Ans. Yes. Those parishes have issued no licenses. I can give you the districts. We have from qoo to 1,000 municipalities in the Province, say 900. Of that number there are 210 in which a prohibitory by-law is in force. From the evidence of Mr. L. Z. Joncas, M.P. of Quebec, are taken the following extracts : — n,>, C Ques. Are you a member of the Dominion Parliament? — Ans- I am member for Gaspi in the House of Commons. Ques. Is the license law in force in Gaspi!, or have you a prohibitory law? — Ans. We have a license law in the Province of Quebec, and we have besides a prohibitory law by the municipal corporations. , Other Examples of Local Option. 187 Ques. In many districts? — Ans. Yes, in almost all the districts below. Ques. In your particular county, have the people passed the necessary by-law in many parishes ? —Ans. They have in all the municipalities except one. Ques. Then you have prohibition under the license law in that part of the province ? — A71S. We have the prohibitory laws of the municipal corporations. GREAT BRITAIN AND IRELAND. In a number of different parts of tlie United Kingdom local prohibition is in operation, mainly through the action of large landed proprietors who believe that their tenants are better off when freed from the temptation of legalized liquor selling. The only information furnished by the Commission in regard to those cases is contained in the minority report in the following paragraphs. The report of the committee on intemperance for the convocation of the Province of Canterbury, already mentioned, contains a list of 1273 parishes and districts in which no licenses are issued, and of them says : — '* Few, it may be believed, are cognizant of the fact, which has been elicited by the present inquiry, that there are at this time within the Province of Canterbury upwards of one thousand par- ishes in which there is neither public house nor beer shop, and where in consequence of the absence of these inducements to crime and pauperism, according- to the evidence before the com- mittee, the intelligence, morality and comfort of the people are such as the friends of temperance would have anticipated." The same report contains a great array of testimonials from clergymen, chief constables and superintendents of police, num- bering more than tv'O hundred and fifty in all, bearing out the statement just quoted. In and around the city of Liverpool there are large tracts of land from which the owners have excluded all public houses. By these experiments it is claimed that the follow- ing facts have been clearly demonstrated : ** I. That as a business speculation, builders find it a more pro- fitable investment of their capital to exclude public houses from the neighborhood of the people's dwellings. ,It has been found that a public house depreciates the value of the surrounding property more than the extra rent obtained for the house itself; it attracts and creates rowdyism ; rowdyism drives away respect- able tenants, causes loss of rent, frequent removals, damage to property and expensive cleansing operations after infectious dis- eases, to which the intemperate are specially liable. 188 ;' The Facts of the Case. " 2. That residences in these prohibitory districts are much in demand, and people are willing- to pay a higher rent for dwellings here than elsewhere. There has been no instance of a complaint from the residents of these districts of the absence of a public house." In the Edinburgh Review, a writer makes the following statement : — " We have seen a list of eighty-nine estates in England and Scotland where the drink traffic has been altogether suppressed, with the very happiest social results. The late Lord Palmers^on suppressed the beer shops in Romsey as the leases fell in. We know an estate which stretches for miles along the shore of Loch Fyne where no whiskey is allowed to be sold. The peasants and fishermen are flourishing. They have all their money in the bank, and they obtain higher wages than their neighbors when they go to sea." Saltaire is a manufacturing settlement founded by Sir Titus Salt, near Bradford, in Yorkshire, in which the sale of all liquors has been forbidden. Its condition has been described in "Homes of the Working Class," in the following terms : — *' One thing there is which is not to be found in Saltaire, and Mr. Salt deserves as much praise for its absence as he does for anything he has provided. Not a public house or beer house is there. And what are the results ? Briefly these : There are scarcely ever any arrears for rent. Infant mortality is very low as compared with that of Bradford, from which place the majority of the hands have come. Illegitimate births are rare. The tone and self-respect of the working people are much greater than that of factory hands generally. Their wages are not high, but they enable them to secure more of the comforts and decencies of life than they could elsewhere, owing to the facilities placed within their reach and the absence of drinking houses." Lord Claud Hamilton, a large landed proprietor in Ireland, and a member of the British Parliament, said some time ago in a public meeting : — " I am here as representing the county to assure you that the facts stated regarding the success of prohibition there are perfectly accurate. There is a district in that county of sixty-one square miles, inhabited by nearly ten thousand people, having three great roads conmiunicating with market towns, in which there are no public houses, entirely owing to the self-action of the inhabi- tants. The result has been that whereas those high-roads were in former times constant scenes of strife and drunkenness, neces- sitating the presence oi a very considerable number of police to be located in the district, at present there is not a single policeman in that district, the poor rates are half what they were before, and all the police and magistrates testify to the great absence of crime." Other Examples of Local Option. 18d Similar statements mig^ht be quoted in reference to the famous Irish town of Bessbrook, in reference to the Shaftesbury Park estate and many other places from which the liquor traffic is shut out by the various methods already indicated. THE UNITED STATES. Local prohibition is operative to a large extent in some States. Connecticut, Massachusetts, Georgia, Alabama, Missouri, Tennessee and Kentucky have large areas of territory in which liquor selling is prohibited on this plan. None of these places received any special attention in the majority report. The commissioners did not visit any such prohibitory territory. A crip was made to visit the towns of Riverside and Passadena in Southern California, in which it was reported that local prohibition existed. It was found there that liquor was lawfully sold in the towns named, but that sale was not permitted in neighboring towns. No investigation whatever was made into these cases of actual prohibition. Evidence taken in Minnesota showed that in the rural parts of the state, local prohibi- tion had been extensively adopted, but very little infor- mation was obtained as to the results of such prohibition. Rev. Dr. McLeod collected some valuable information in relation to the State of Massachusetts, in the towns, and cities of which a vote is annually taken on the question of license or non-license. His interesting summary of facts is in the followinfif form : — '?3 To show the effect of the no-license system, as compared with the license system, your commissioner presents a care- fully prepared compilation of the records of police courts in Massachusetts cities. All the figures have been taken from official sources. They give the population of each city according to the last census, the retail license paid in license cities, the total arrests for drunkenness, and the arrests for assaults. The tables include the cities and organized towns of the state having a population of 10,000 or over. The cities and towns are arranged in two groups — a group containing those under license during the police year 1892, and a group containing those under local prohibition during the same year. The third table gives a summary of the totals of tables i and 2, and for purposes of comparison shows the number of arrests per thousand of the population. 190 The Pacts of the CasH. Table I.-=Cities under hig^h license during' police yean License cities. Boston Lowell Fall River. Lynn Lawrence . . Spring-field. . . Holyoke Salem Taunton . . . . Gloucester. . Waltham . . . Pittsfield North Adams Northampton Chicopee . . . . Woburn , Totals . . . 3 00 3 a, o Oh 448.477 77,696 74.398 55.727 44.654 44.179 35.637 30,801 25.448 24.651 18,707 17,281 16,074 14,990 14,050 13.499 956,269 w rt F^ 3 c i,% u ci3 C < in 0) $ ,300 .500 .300 ,000 .300 .500 .300 ,000 ,600 .500 ,400 ,000 ,600 .300 ,400 .500 t^ otal ests. sts fc enne rests rderl duct. Arre drunk c c ^ (« 48,463 33.746 793 6,153 4.639 49 2,971 1,220 429 4. '57 2.955 79 2,840 1,878 85 2,511 ',634 243 1 .493 890 49 •.558 1,120 94 1.585 1,3" 31 1.733 1,246 20 1,308 858 114 1,284 829 138 929 572 106 660 574 25 605 301 98 1,005 680 41 79.255 54.453 2,394 ■<-' a It. "c 3. '83 238 390 308 215 69 234 87 53 135 68 62 3' 29 75 103 5,280 Table IL — Cities under prohibitory law during police year. Prohibition cities. Cambridge . Summerville Chelsea Brockton . . . Newton Maiden •Quincey .... Marlborough Brookline . . . Everett Deverley .... Hyde Park . Totals Popula- tion 1890. 70,028 40,152 27,909 27,294 24.379 23.031 16,723 13.805 12,1031 1 1,068 10,821 20,193 Total arrests. 3.047 1,824 1,688 1.265 1,118 579 393 445 790 489 •65 164 287,506 11,967 for drunken ness. Arrests Arrests for dis- orderly conduct. 1,704 1.344 943 861 7»9 276 230 239 382 297 J 25 50 7.168 Arrests for assault. 262 50 57 89 88 44 4» 42 37 6 18 49 778 253 122 68 59 50 61 41 23 92 27 10 15 761 Other Examples of Local Option. 191 Table III. — The g-roups of cities compared by totals and by the number of arrests of each class per 1,000 of population. \ Popula- tion 1890. Total arrests. Arrests for drunken ness. Arrests for dis- orderly con J act. Arrests for assault. Cities wholly under license Cities wholly under prohibition 956,269 287,506 79.-255 11,967 54.453 7, '68 2,394 778 5,280 762 ARRKSTS PKR I,000 OF POPULATION. Total. Drunken- ness. Assault. Cities wholly under license Cities wholly under prohibition . 829 41 6 569 249 55 26 It will be seen that those cities under hig-h license averag'ed 82*9 arrests per thousand of population, while the cities under prohibi- tion average but 41*6, scarcely more than one-half as many. Arrests for drunkenness in the high license cities averaged 56*9 per thousand of the population, but the cities under prohibition had only 24*9, or considerably less than one-half as many, — a fact which does not appear in the tables is that those cities which have been the longest under prohibition have the best record. The following is interesting, showing the effect in a sing^le city, of license, no license and license, in three successive years. The figures are from the police record of the city of Worcester, Mass. : TOTAL ARRESTS. • ,1 * 1889-90 — License 3,88g 1890-91 — No license 2,589 1891-92 — License 4»8o7 ARRESTS FOR PRINKENNESS. 1 889-90 — License . . . . 2,926 1890-91 — No license 1,590 1891-92 —License 3»574 The following return was furnished by the chief of police at New Bedford, Mass. It shows the arrests during the last four months Id2 The Pacta of the Cfaae. of no license — ist J;in. to 30th April, 1893 — and the arrests dur- ing the first four months under license — ist May to 31st August, 1^3:— • No license period. License period. 1st Jan. to 1st May to 1st May. 1st Sept. Total arrests 412 826 Assault and battery 34 78 Disturbing the peace 38 70 Larceny 24 34 Drunkenness 204 503 Cambridge is one of the largest cities which has been con- tinuously under the no license system for a period of years. The statements of some of its business men are subjoined. Mr. John P. Squire, president of the Squire & Co. Slaughtering andCuringCo., EastCanibridge, where 800 men are employed, says: " My observation of the effect of no-license in Cambridge leads me to affirm without any qualification thai the character and habits of a good many of the men employed by us have shown a decided improvement since it went into effect. Before no-license the saloons and tippling shops were numerous in the vicinity of the packing house where the men worked, and many of them lay between the packing house and the homes of the men, so that they had to be passed on their way back and forth, and were a constant temptation to the men. Now that they have been driven out of Cambridge and resort has to be had either to the kitchen bar- rooms or to the saloons in Boston, a great many of the men refrain entirely from patronizing either, and the result is that drinking among the men has very largely decreased. As a natural result, the men do more and better work, with less waste arising from carelessness or incompetency, and the cost of production has correspondingly decreased. Curtis, Davis & Co., soap manufacturers, Cambridgeport, says : — *' Previously to the adoption of the no-license policy in Cambridge, it was difficult for us to secure the service of fifty men without there being ten or more drinking men among them. We were frequently discharging men for non-appearance after holidays, undoubtedly due to drunkenness. Often several ap- plicants for places would be tried before a reliable man could be found. We have had no occasion to discharge a man for drinking for three years past. Drinking men seem to have removed from Cambridg*,* in many cases. Drunken men are seen upon the streets and cars, but they obtain the liquor in most cases in Boston saloons." Moore & Ricker, hardware dealers, say : — " The men are more temperate, consequently more industrious, under the no-license law. The quality of the work performed is better and the quantity increased, which causes a decrease in the cost of production. The labouring class is more prompt in paying bills. Much more money is spent for the necessaries of life than under Other L\camplen of Local Option. 193 license. Buildings formerly occupied by saloons are in use for some valuable business." The minority report also presents the following facts in reference to the States of Georgia and Mississippi. : — Georgia. — In answer to an inquiry addressed by the Com- mission to the g'overnor of Georg-ia, Rev. Dr. Hawthorne, of Atlanta, at the governor's request, wrote : — " Under the local option law in Georgia, we have complete prohibition ot the liquor traffic in about one hundred counties (out of one hundred and thirty-seven), and partial prohibition in the other counties. There are occasional violations of the law, but they are not more frequent than the violations of any other criminal law. The people are so well satisfied with it that, in almost every county where it has been in operation several years, no effort is made to repeal it. We have prohibition in every county where there is a large majority of white voters. * * * No well informed person doubts that the local option law has improved the morals of the people, and greatly contributed to their material warfare." The Savannah News, one of the most influential daily papers in the state, said editorially: — "More than three-fourths of the counties of the state have voted out whiskey, and there is not one of them that is not richer and more prosperous for its action. In every one of them the people are happier and more industrious, and there is less crime and pauperism than there ever was before. The prohibition movement in the state has grown rapidly, because wherever it has been adopted its benefits have at once become apparent." Hon. J. D. Stuart, member of Congress for Georgia, in an address in Congress, said : — *' I have held court for five years in the State of Georgia, and of the eight counties in my district, six were prohibition counties and the others non-prohibition or whiskey counties. I want to say as a witness on this subject, that in counties where the sale of intoxicating liquors was absolutely prohibited my duties in disposing of the criminal docket would occupy sometimes one or two days, sometimes half a day ; while in the counties where there was free whiskey I have scarcely ever cleared the criminal docket in less than three to five days." Mississippi. — In Mississippi a like local option law is in force, and much the larger part of the state is without licensed drink shops. Bishop Galloway makes this statement about the extent and effect of prohibition in the state : — Of the 75 counties in Mississippi, intoxicating liquors are sold only in lo, and the indications are that in the next few months the number will be reduced to 5, and in the ten counties still in the small *wet ' column, liquor is sold in possibly only ten places, and those are towns sufficiently large to have police protection. The large county of Hinds, with the state capital and twelve towns, has only three saloons, and they are in the city of Jackson. One of these will close in three weeks, and the others are doomed. The villages and country places are now entirely rid of these dreadful storm-centres of crime and vice." 194 Tha FactH of the Case. CHAPTER VII. PROHIBITION IN THE NORTH-WEST TERRITORIES. The Canadian North-West Territories aiTiM'd an instruc- tive experiment in the actual working of prohibition. From the time that region came under the control of the Dominion Parliament in 1870 down to 1892, there was in our national statute books, a clearly worded enactment for the protection of natives and settlers from the dangerous and aggressive liquor traffic. The law relating to the sub- ject was in the following terms : — No intoxicating' liquor or intoxicant shall be manufactured, compounded or made in the Territories except by the special per- mission of the Governor in Council ; nor shall any intoxicating' liquor or intoxicant be imported or sold, exchanged, traded, or bartered, or had in possession therein except by special permis- sion of the Lieut. -Governor. It does not seem to have been expected that under the regulation quoted there would be any free issue of permits for the bringing in of liquor. For a long time the issue of such permits was limited, and probably most of the liquor imported under them was for medicinal, sacramental and scientific purposes. In the year 1881 Hon. David Laird was Lieutenant-Governor of the North-West, and the total quantity of liquor taken into the country under per- mits was 3,165 gallons. The population of the Territories was in that year estimated at 25,515. In 1882, Hon. E. Dewdney was appointed Lieutenant- Governor. Under his regime the issue of permits became more frequent, and a great deal of liquor was brought in Prohibition in the North- Went l^erritories. 195 for what was called domestic use. He held office up to the middle of 1888. During his last full year of office, 1887, the number of gallons of liquor for which permits were issued was tiljGJiC. In addition to this, the report of the Department of the Interior shows that there were sold on the dining cars of the C. P. H., under special permit, from December 15th, 1886, to November 25th, 1887, 3,569 gallons of wine and Vjeer. The police officials complained bitterly of the difficulty of enforcing the law when permits were so freely issued. In his report for 1886, Superintendent Perry said : — Permits are often used to cover unlawfully obtained liquor . . . . they are frequently abused, thus preventing' the carrying out of the law. The officers met with another difficulty. A judge ruled that liquor once admitted under a permit could be held by anyone whether he was the party to whom the permit was originally issued or not. This decision practically allowed a permit to cover any liquor with which the holder could associate it. It was only necessary to get the stuff into the country and some old permit would protect it. The commissioner rf the North-West Mounted Police declared that this decision " almost completely kills the enforcement of the North West Act." The action of the government and the decision of the judge thus combined to defeat enforcement. Commissioner Herchmer said in 1887 : — " ' The permit system should be done away with in the first place if the law is to be enforced, and the law itself should be cleared of the technicalities that have enabled so many to escape pun- ishment this last year. ..'. . -• Protests were continually made by leading settlers, not agains*^^ the prohibition, but against the facilities provided for its violation. The North- >Vest Council was petitioned ■ to urge the Dominion Government to bring about a reform. In the session of 1887 a motion, favoring a change from prohibition, was carried in the North- West Council, but it was carried by the appointed members, a majority of those elected by the people voting against it. Then it was proposed that no change should be made in the law until a vote of the people should be taken on the question of the 196 •- The Facts of the Case, countinuance of prohibition. In 1888 the new legislature declared in favor of such a plebiscite by a vote of 14 to 6, the 6 dissidents favoring an amendment offered in favor of a change to "a stringent license system." Hon. Joseph Royal was appointed Lieutenant-Governor in 1888. He proposed to inaugurate a new method of dealing with the liquor traffic, declaring his intention of interpreting the law above quoted as authorizing him to issue permits for the bringing in and selling liquor, and he made provision for the sale of beer containing four per cent, alcohol. This was practically the establishment of liquor selling. As might have been expected strong protests were made. Leading journals declared their dissatisfaction. The following are a few quotations from theiu : — '* The late action of the Lieutenant-Governor in granting' beer licenses in the Territories was a direct attack upon the principles of responsible government and prohibition." — Edmonton Bulletin. *' The recent action of Lieut. -Governor Royal in introducing the principle of license in direct opposition to the recently expressed vv^ishes of the electors, was almost like a thunderbolt from a clear sky. The issue of permits to sell beer, though contrary to the spirit and intention of the Territorial Act, shows that the Lieut. -Governor can control or license the liquor traffic in all its phases just as he pleases."— The Qu'Appelle Progress. " When the North-West Assembly meets it will be heard from in no uncertain way on the liquor question. A more ridiculous farce than that which is now being enacted could not be contem- plated." — Winnipeg Free Press. " Like niost compromises this has failed to give satisfaction to anyone. Prohibitionists say it is overriding the law ; small hotel-keepers say it is making unfair discrimination against them."~-Battleford Herald. Protests were wired to the Dominion Goverament at Ottawa. A large convention, gathered at Regina, pro- tested against the action. The chairman stated that a widely circulated petition some time ago praying the Dominion parliament to make no change before a vote of the people was taken, had secured 2,143 signatures in a very short time. A committee waited upon the Lieutenant Governor and urged him to delay his action until a vote of of the people could be taken. Resolutions were adopted favoring prohibition and urging the Dominion parliament Prohibition in the North- West Territories. 197 to allow the people to vote on the proposal to authorize the li(juor traffic, before it was carried out. i The Lieutenant Governor disregarded the petitions. The government at Ottawa took no action. The Northwest Legislature met and declared its opinion by rejecting a license-favoring motion on a vote of fourteen to four, and declaring for a plebiscite. The amount of liquor imported increased rapidly and the convictions for crime as well. As will be readily understood, the provision that the liquor to be sold should contain only four per cent, alcohol was ignored. As Superintendent Perry, of the North- West Police, reported, " None but a chemical expert could determine the amount of alcohol in any particular beer." Strong ale was freely imported under four per cent, permits. Spirits were freely sold. The Police Commissioner established canteens at the different mounted police posts at which liquor was sold to the men, the officers who should have carried out the prohibitory law, themselves thus actually engaging in the liquor traillc under authority. The result can be readily imagined. In inaugurating his plan the Lieutenant-Governor had provided that each permit to sell four per cent, beer should be issued to a party recommended by the member of the legislature representing the constituency in which the permit-license was to operate. It will readily be seen that this had a tendency to bring about a mischievous alliance between members of the legislature and licjuor sellers. Many of these representatives were desirous of getting rid of this disagreeable relationship. Prohibition was practi- cally gone, and a very poor license system had replaced it. At this crisis, in 1891, a new constitution was granted to the Territories. A new assembly was to be elected, to which was to be relegated the question of dealing w.th the liquor traffic. The political situation practically prevented the temper- ance question being to any extent an issue in the election. (13) 198 The Facts of the Case. \ti regard to other matters (as well as in reference to the liquor traffic), the Lieutenant-Governor had set himself in opposition to the wishes of the people and the views of the legislature. A great majority of the members opposed the Lieutenant-Governor. The issue in the election was the sustaining or condemning of these men. Nearly all the old members were candidates for re-election. In many cases they were unopposed. The rally to the polls was to a large extent a protest against the arbitrary action of the Lieutenant-Governor. It is easy to understand how, under these conditions, there was elected a legislature which proposed at the very first opportunity to change the law the administration of which had become a farce and a disgrace. At its first sitting there was enacted a rigid system of license with local option provisions. Two members of the Royal Commission, Judge McDonald and Rev. Dr. McLeod, visited the Territories in 1892, a short time after the new system had come into operation. They took evidence at Regina, Prince Albert, Calgary, Fort McLeod and Banff. In both the majority and the minority reports a good deal of space is devoted to a summing up of the facts and opinions presented. The majority report makes strenuous efforts to justify the action of Lieutenant-Governor Royal and make it appear that the old law was not desirable or workable except in relation to the Indian population. It says : — Two facts seem clearly established : First, that the prohibitory feature of the law was intended to apply to and protect the Indians, while the permissive feature was embodied in the statute to cover the case of the white population ; second, that absolute power to reg'ulate the supply for the white population was entrus- ted to the chief executive officer of the Territories, " by placing- in his hands the power to dispense with certain provisions of the statute." The system appears to have worked in a satisfactory manner during several years, and, in faci, until immigration commenced to flow in considerable volume into the country. This seems to be a rather strange interpretation of the statute quoted. That it was not the intention of the Prohibition in the North-West Territories. 199 Dominion Parliament in framing the enactment is made manifest by the following quotation from the minority report : — In an address delivered in London in the summer of 1880 Sir Charles Tupper made the following- reference to North-West prohibition : — "Some years ago (1872) he had th6 honour of proposing to parliament the most prohibitory law that was ever proposed in any country, applying to a section of country 2,500,000 miles in extent, called the North-West Territory. It was a measure for entire prohibition. There, he felt, was presented an opportunity of dealing with the question on its merits, and without the difficulties involved by the enormous vested interests that in this country where the liquor traffic has been established formed the great obstacle of success. * * * It might be asked : Do the people in the North-West Territory object to the absence of the privilege of being able to purchase intoxicating drinks ? Not in the least ; but on the contrary, he was proud to know that when the proposition was made to annex a portion of the North-West Territory to Manitaba, where the liquor traffic existed, one of the strong-est objections to the annexation was that it would deprive them of the great blessing of a prohibitory liquor law." That the law conferred material benefit on others as well as Indians is very clear. Even Lieutenant-Governor Royal himself in a letter to the Commission dated January 7th, 1893, says :— For seven years and more the law of 1875 had brought about all the good results that the legislation had anticipated. When in 1882 and 1883 the Canadian Pacific Railway Company placed under contract the construction of its lines across the plains to the Rocky Mountains, many apprehended, and not without reason, that the cortege of crimes of all sorts, which had ac- companied the construction of trans-continental lines in the United States, would inevitably appear from the moment the uninhabited territories were reached ; fears of interference by the Indians with the progress of the work were also entertained. Yet none of these fears and apprehensions were realized. Owing to the absence of strong liquors in the camps of the railway navvies, owing to the discipline and strict surveillance exercised by the North-West Mounted Police, the construction was proceeded with and carried on through more than seven hundred miles of vacant and silent plains with at least as much order and tran- quillity as if it had been across any of the provinces of eastern Canada. Hon. John Schultz, Lieutenant-Governor of Manitoba, in his evidence at Winnipeg said : — , : 200 The Facts of the Case. The second of the measures which I have mentioned, viz, : — Prohibitive Acts of the first council for the North-West, were speedily put into execution by an armed force, the North-West Mounted Police, and the lawlessness, violence, drunkenness and debauchery consequent upon the conditions which then obtain^^d in sonje parts of the North-West were immediately repressed, and for the first time since liquor had first reached the Piegans, the Bloods, Blackfeet and part of the Crees, their country could be traversed in safety. * * * Without the prohibitions then adopted and enforced it would have been difficult to treat with, and practically impossible to govern the tribes which I have mentioned. It aided also the settlement of the country ; wealthy parents of dissipated sons saw in it a means of reform and prosperity, and money was freely provided to such settlers by those interested in their welfare, during- the period when prohibition obtained, and it was doubtless the salvation of many others besides those who came under my own notice. Hon. J. G. Joly, in his evidence taken in the city of Quebec, made this statement : — I happened to be in the North- West Territory when total pro- hibition prevailed, and certainly at that time, with the class of people who were there then, I think it was very beneficial. There were scarcely any settlers there, and the country was over-run with working men from every part of the world, who were em- ployed in constructing the Canadian Pacific Railway. I travelled on a construction train with hundreds of men, as the railway was not finished beyond Moose Jaw. Some American gentlemen were with me, and they called my attention to the fact, observing all the discomfort to be endured by these men, large numbers being- packed in the cars and even standing on the platform, that if such a state of things had prevailed on the Northern Pacific there would have been a regular pandemonium ; while here, though the men were very much crowded and though some could not find seats and had to lie on the floor, there was no liquor drank and there was no disorder. It would be easy to present many similar quotations from the evidence of important witnesses. We submit further in this connection only the following statement by Sir William Dawson : — In our North-West, when the Canadian Pacific Railway was building, I had an illustration which struck me exceedingly forcibly. There were at that time — and I went there when the road was in process of construction through the plains and Rocky Mountains — perhaps 20,000 men employed on the road, and I neither saw drunkenness, fighting or quarrelling there ; everybody seemed in a sound mind, and I never saw so many laboring men quiet and orderly (they being, moreover, of all nationalities), as Prohibition in the North-West Territories. 201 there were there. It struck me very much as an illustration of the power of a restrictive measure, because there were no liquors allowed, except for medicinal purposes. The evidence taken shows that the free issue of permits by the Lieuienant-Governor coupled with the decision already mentioned, practically broke down the law. The Lieutenant-Governor permitted the sale of beer. Tnia of course meant open saloons. The other permits he issued protected ardent spirits in these saloons. The majority report says : — Legal questions that arose in connection with the permit system increased the difficulties attending- its enforcement. By n deci- sion given by Mr. Justice Rouleau, at Calgary, it was decided that one man could be in possession of any quantity of liquor, pro- vided some one had received a permit for it and given it to the holder. Consequently a saloon-keeper was provided by his friends with all the permits he required. Commissioner Herchmer, in his report of 1888, referred io this ruling, and said: "A saloon-keeper of any experience keeps about enough liquor on his premises to fill his permits, and when- ever * pulled ' by the police he produces his permit or those of his friends, and keeps his reserve stock of contraband liquor in hay stacks and manure heaps, closets and other hiding places of the same sort, consequently it is impossible for the force I command to do much." In 1890, the commissioner reiterated his complaint, and said : " The fact that counterfoils furnished, belonging to other people, can protect liquor, almost completely kills the enforcement of the North-West Act, in spite of the efforts of the Lieutenant-Governor of the North-West Territories to prevent the transfer of permits, and places the police in a most unfortunate position. In fact, as at present interpreted, it is impossible to enforce the Act." It is not strange that under these circumstances the so- called prohibitory law fell into disrepute. The good eflects of the measure and the evil effects of its practical abroga- tion are strikingly shown by the following table relating to the Northwest Territories compiled from the official statistics found in the Commission's report. The quanti- ties of liquor therein mentioned are those for which the Lieutenant-Governor issued permits in the years named as set out in the Blue Books issued by the Dominion Govern- ment : — 202 The Facts of the Caae. YEAR. 1 4-1 1 Gallons of liquor imported under "permits." 1881 56,446 60,920 65,748 70,957 76,585 79,939 83,429 87,071 90,872 94,839 98,967 103,288 107,797 3,165 not g-iven. 6,736 9,908 9,758 20,564 21,636 56,388 151,629 153,670 121,825 c c 1882 . 1883 1884 1885 1886 1887 1888 1889 1890. 1891 , 1892 1893 Convictions for all offences. •t-t O 79 8 184 304 296 466 234 296 421 475 555 731 754 o c Q.O u a- 0) o I '39 o 13 279 428 3-86 582 2 80 3 39 463 5 00 5 60 707 699 "For Drunkenness O a a h 8 hb2 b3i 75 47 67 93 81 III 186 232 O .0 Oh o- a a o' 12 087 0*40 093 056 077 I "02 085 1 ■ 12 i-8o 2 15 a No returns, h Returns of North-West Mounted Police only. c License law in force. The new license law for the Territories went into operation May 1st, 1892. In considering the above figures it should be borne in mind that the extraordinary number of convictions for 1886 may be partially accounted for by the disturbed con- dition of affairs connected with the Northwest rebellion which took place in the calender year 1885, a part of the criminal record relating to which would be found in 1886. The argument that the increased consumption of beer materially reduced the consumption of spirits is shown to be entirely unsound by the following table, submitted by Lieutenant-Governor Royal, of the permits issued for most of the time above mentioned ; — Prohibition in the North-West Territories, 203 YEAR. 1883 1884 1 88s 1886 1887 1888 1889 1890 1891 Total liquor and Beer Permits issued. 1,874 2,457 1,761 3,559 3,663 4,233 5,424 5,754 5,970 Total gallons of spirits. 4,451 5,404 3,682 6,604 6,979 8,561 1 1,660 12,417 14,341 Total beer. 1,468 3,565 5,322 12,672 12,865 25,767 112,448 97,116 86,926 Bad as were the results of the breaking down of the pro- hibitory law the statistics show that even a worse condi- tion of affairs was inaugurated under the new license Act which went into operation May Ist, 1892. The table already quoted shows a large increase of crime and drunk- enness for those years. A striking feature of the majority report is an effort to make it appear that a better condi- tion of things followed the repeal of prohibition. Some witnesses in their evidence stated that this was the case, but a large number of competent observers contradicted the statement. The report mentioned says : — Interest attaches to the results which have followed the adoption of the license system. Taking a few of the witnesses haphazard, we find the following' expressions of opinion given in the testimony : — and then quotes sentences from the testimony of elevn witnesses all of which make it appear that drunkenness nad not increased under the license law. This would indicate that witnesses generally thought the license system an im- provement, whereas a great deal of reliable testimony was offered showing the reverse to be true. From the minority report we take the following extracts : — The Commission visited the Territories in the fall of the same year. Though there had been less than six months of license many witnesses testified that there had been an increase of drinking and of the disorders accompanying the liquor traffic. The mayor of Regina said : — * • We have had more of it (drunkenness) sincp the license systeip came into force*" The 204 The Facta of the Case. mayor of Prince Albert said : — '* The license system is increasing' the drinking in the rural districts." Like evidence about the rural districts was given by others. In Calg'ary there had been a large increase in the arrests during the six months of license. One of the witnesses said : — " We looked over the books this morning, and I found that since the license law came into operation there have been 136 arrests for all offences. Of that number 102 have been for drunkenness. These have been during the six months the law has been in force. For the corresponding six months before there were 60 arrests for all offences, and 33 were for cases of drunkenness or vagrancy." The magistrate at Banff told a like story about that place and Canmore. . , The Ven. Archdeacon McKay, of Prince Albert, said he had seen more drunkenness on the streets of Prince Albert under the license system than he ever saw before. And his evidence is a sample of much that was said on the same subject. The change from prohibition to license seems to have had a bad effect upon the mounted police themselves. Here again some important facts, not to be found in the majority report, are presented by Rev. Dr. McLeod in the following terms : — The effect on the men of the mounted police has evidently been bad. Colonel Herchmer, in his 1892 report, says there has been "an increase of drunkenness amongst the men." He adds: *' The introduction of the license Act has enabled some men who formerly could not get liquor to disgrace themselves and the force, and those I have been obliged to dismiss as useless." In the same report Superintendent Steele, of Fort Macleod, says : — '* There is no stint of liquor of all descriptions at a low price, while the barracks are so close to the town that the temptation to certain men has been very great. As was to be expected a certain number who were slaves to liquor soon showed their dispositions and were dismissed from the force." Superintendent Dean had similar trouble with the men of his command at Lethbridge. They had given him much trouble by their drunkenness. Six had to be dismissed from the force. He makes a statement which is a comparison of six months in the last year of the prohibitory law and the first six months of the license system. He says : — . . *' From the 25th of May until the 30th of November, 1891, there were eight cases of drunkenness in the division. During the corresponding months of the present year there were thirteen cases, but this does not by any means represent the real increase in consumption of strong drink by men who had evidently been drinking", although they were not under the influence of . liquor -from a disciplinary point of view-. " -> «.'»,• y-- Prohibition in the North-Went Territories. 205 One of the most regrettable results of the change is the increased facilities which the new law furnishes the North- west Indians for indulgence in the vice of drunkenness, to them a special peril and curse. Even the majority report makes this clear. Regarding the same matter the minor- ity report contains the following statement : — In his report for 1892 Superintendent Perry says : — *' The effect on the Indians by the change in the liquor law, so far as can be judg-ed at present, has been bad. They have obtained more liquor under the license ordinance than they formerly did, and the difficulties in preventing this are greater. They buy from or through the half-breeds, and sometimes directly. In a case recently tried at Regina a wholesale dealer was convicted for selling two gallons of whiskey to an Indian who spoke fair English and looked altogether like a half-breed. This whiskey was taken to Pi-a-pot's reserve during hay-making, and the whole camp became drunk." Inspector Huot, stationed at Duck Lake, reports that : — ** Some half-breeds have, when without ready cash in hand, sold cattle at sacrifice in order to procure liquor, the sale of which is constantly going on about them. Under the old system it would have been impossible for such persons to obtain permits at will." Colonel Herchmer in his report o^ 1892, already quoted, says : " Even in the best regulated districts there has been, I think, more general drinking than under the permit system, and one result is established beyond contradiction, viz., that the half- breeds and Indians can get more liquor than under the old law. . . . To give you an idea of the consumption, I am creditably informed that between the first of June and the first of December six carloads of liquor have gone to Battleford ; in addition to this there can be little doubt that considerable amounts have gone in smaller consignments not recognized as liquor. There was a striking pathos in some of the evidence on this line, given by those who are doing their best to bring the Northwest Indians up to a higher moral level. At Prince Albert Miss Lucy M. Barker, a missionary teacher in connection with the Presbyterian Church, gave evidence from which the following is clipped : — Qttes. — You have reason to fear from what you have seen since the license system has come into force that the Indians may be led astray? Ans. — I have great fear of it. During one year and a half before the license system I never met a drunken treaty Indian or low half-breed ; but I have met them coming and going since then. I did not like their condition. Some of the reports of mounted police officials publish- States. Texas Pennsylvania ., Massachusetts Washington . . Alabama Tennessee .... Arkansas Kentucky . . . . South Carolina Georgia North Carolina Virginia Mississippi New York . . , . Indiana Utah Nebraska . . . . Wisconsin .... West Virginia Oregon Michigan Illinois Missouri Minnesota Maryland . . .. Ohio No. of Prisoners. 1,040 2,386 954 141 573 654 397 646 374 552 442 390 284 1,292 464 43 219 345 153 61 399 727 505 208 163 502 Ratio - per i,ood. •46 •45 •42 •40 •37 •37 '35 ■34 •32 •30 ■27 •23 •22 •21 21 •20 •20 20 20 •19 •19 •19 •18 •16 •15 ■13 PAUPERS IN ALMSHOUSES. (United States Census, 1891.) States. Prohibition States — New Hampshire ' Maine ' Vermont ■ Iowa Kansas North Dakota South Dakota ... . No. of Ratio Inmates. per 1,000. 1.143 3*03 1,161 I 75 543 I 63 1,621 84 593 •41 35 •19 53 1 •>6 Resultis of Prohibition in the United States. 213 States. License States — California • Massachusetts Ohio.... Connecticut .... New Jersey . Delaware New York Pennsylvania Wisconsin Maryland Rhode Island Illinois Indiana Virginia West Virginia Montana Nevada • • District of Columbia North Carolina Michigan Missouri Tennessee Kentucky . . South Carolina .... Georgia Alabama Mississippi Arizona Oregon .... Utah Minnesota Nebraska Idaho Colorado Washington Texas Arkansas Louisiana Florida No. of Ratio Prisoners. per 1,000. 2,600 215 4.725 2' 11 7,400 201 1.438 I 92 2,718 1-88 299 177 10,272 1-71 8.653 1 64 2,641 I 56 1.599 I 53 490 1-41 5.395 1 41 2,927 133 2.193 132 792 103 132 ■99 43 ■94 221 •96 1.493 •92 1,916 •91 2,378 •88 1.545 •87 1.578 •84 578 50 901 •49 623 •41 494 •38 23 •38 99 •31 62 •29 365 •28 291 •27 20 •23 87 •21 71 •20 464 •20 223 19 122 • 10 24 •06 In the penitentiaries' statistics it will be observed that the highest ratio in prohibition states is much smaller than the highest ratio in license states ; and that only one license state has as low a ratio as the majority of prohibition states. 214 The Facts of the Case. In the gaols statistics, also, the highest ratio in prohibition states is much below the highest ratio in license states ; and no license state has a ratio as low as the lowest prohibition state. In the almshouse statistics one prohibition state has a ratio higher that the license states, ard that is New Hampshire, in which prohibition is only partial. Two license states have a lower ratio than the lowest prohibition state ; these two are southern states, and one of them (Florida) is largely under prohibition. Having in mind the fact that the figures quoted are of the pauperism provided for in almshouses, it is worthy of note that the highest rate is in the older states, where there are not only more old people, but where ihe public care of the poor is better organized. The following analyses and deductions will help to a better understanding of the foregoing tables. The population of the prohibition states is one-twelfth of the population of the whole country. The penitentiaries of the whole country had in them, when the census was taken, 42,233 convicts. ♦ Of these the penitentiaries in prohibition states had 2,080. But if they had had the same ratio as the other states the number would have been 3,770. The non-prohibition states had in their penitentiaries 43,153. But if they had had convicts only in the same ratio as the pro- hibition states the number would have been reduced to 22,880, or nearly one half. The jails of the whole country had in them 19,538 prisoners. Of these the prohibition states jails had i ,301. But if rhcy had had the same ratio as the other states the numbei would have been increased to 1,628. The jails in the non-prohibition states haci 18,237. ^^^ if they had the same ratio as the prohibition states the number would have been reduced to 14,311. The penitentiary convicts in all license states were "75 per thousand of the population. In prohibition states '39 per thousand of the population. The prisoners in the jails of all license states were "37 per thousand of the population., In prohibition states "24 per thousand of the population. The almshouses of the whole country had 73,045 inmates. Of these the almshouses in prohibition states had 5,149. If they had had the same ratio as the other states the number would have been 6,087. The almshouses in the non-prohibition states had 67,896 inmates. If they had had the same ratio as the prohibition states the number would have been reduced to 61,788. The paupers in almshouses in all license states were i '29 per thousand df the population. In prohibition states there were i 'oa per thousand. Results of Prohibition in the United States. 215 The foregoing' figures make it clear that, in proportion to the population, serious crime and publicly supported pauperism are less in states under prohibition than in states under license. The report of the Commission deals very briefly with the States of New Hampshire, Vermont, North Dakota, and South Dakota, in which as has been stated, no direct in- vestigation was made. A few facts that were gathered up relating to them will however be of some interest and value. . '* NEW HAMPSHIRE. All the information relating to the working of prohibi- tion in this state that is to be found in the majority Commission report is contained in a letter to Sir Joseph Hickson from Ezra F. Stevens, Secretary of State, dated at Concord, May 23rd, 1892, which says : — Dear Sir, — In answer to your letter of inquiry to Governor Tuttle, I have forwarded you a copy of the general statutes of this state revised to date, containing all the laws in force in regard to sale of spirituous liquors. This answers fully your inquiry as to the letter of the law. I am sorry that I cannot answer other interrogatives as fully. The fact is there are no statistics on the subject. In a general way I can say that the laws of this state are similar to the laws of the states of Maine and Vermont, and as Massachusetts grants in some cases a license for sale of spirituous and malt liquors, that code is unlike ours. The law of this state contemplates total prohibition ; of course in towns where public opinion does not encourage it, the law is not uniformly enforced, and sales are made with more or less fieedom, but in the majority of the towns of this state the law is enforced and no open, if any, sales are made. Our statute generally restrains and prevents a general sale ; and, as stated, in many places entirely prohibits the sale. The general features of this statute have been the law of this state since 1855. Very respectfully. The minority report gives the following additional information : — Prohibition in this state is hampered by the fact that only the sale, and not the manufacture, is prohibited. Neither does the law prohibit sales made in original packages by importers into the United States. Up till 1881 towns had the right to permit the sale of lager beer. Brewing is very extensively carried on in this state. The Commission had no definite information other than that furnished by the international revenue records, which, for the reasons already stated, are of little value. 216 The Facts of the Case. • The Cyclopoedia of Temperance and Prohibition makes this statement :— " It is inevitable that in a state where the manu- facturinjjf interest is powerful there will be made a considerable wholesale and retail market. In practice the New Hampshire law operates more as a local option than as a prohibitory Act, the traflfic being- entrenched in the important localities because of the legal standing that its most prominent representatives enjoy. But well-informed citizens of New Hampshire declare that the sale is suppressed in by far the g^reater number of towns and in practically all the unincorporated parts of the state. The Injunction Act of 1887 has strengthened the friends of the law in places where enforcement formerly was difficult. Successful crusades against the open saloon have been waged in the cities from time to time under this Act, and there can be no doubt that more stringent legislation — especially legislation ag-ainst the manufacture — would render prohibition fully as efficient in New Hampshire as it has been in the neig^hboring states of Maine and Vermont." Governor Goodell, in a recent address said : " Prohibition, comparatively speaking, has been a success in New Hampshire. The enforcement of the law of late in the state has been simply remarkable. It has resulted in reducing the number of convicts in the state prison from 202 to about 100." VERMONT. The information contained in the majority report regarding the state of Vermont is very meagre, being also confined to a letter from the State Secretary. This com- munication addressed to Sir Joseph Hickson, dated at Hyde Park, May 17th, 1892, says :— Dear Sir,— By request of the governor, I have the honor to reply to yours of 9th May and say that Vermont has worked under the prohibitory liquor law for about 40 years. It is the opin- ion of those best versed in the matter that the effect of the law in Vermont has been to decrease the consumption of intoxicating beverages ; that it is diminishing' drunkenness, and having- a marked tendency to diminish crime and lessen the poor expendi- ture ; and that our insane asylums have less inmates than they would have had were it not for the existence and enforcement of the prohibitory law, though in many cases it has failed of a very strict enforcement. No better evidence perhaps of the way in which the people of Vermont look upon the working- of our statute ai)d its g-eneral good effect can be found than in the fact that it has stood upon the statute books of tHe state for a good many years, and that every step taken by the legislature since the first enactment of the law has been rather toward a more strict pro- hibition than otherwise. There has of course been, and there is to-day, in certain localities, more or less opposition to the enforce- ment oi the law. In case that the regular elected officers, whose Results of Prohibition in the United States. 217 business it is to enforce the law, shall fail so to do, it lies in the power of the executive, on the application of 20 citizens, to appoint a special prosecutor of criminal offences, who may prose- cute not only liquor offences hut other criminal offences as well. The law in its enactment however, had more particularly in view the crimes resultant from the traffic in and the use of intoxicating' liquors. The law has been within the last year or two very rigidly enforced at Montpelier, the capital of the state. In this case also Rev. Dr. McLeod has gathered up some instructive items of information of which the follow- ing are the most important : — The law is in some respects less rigid than in Maine, inasmuch as the penalties for infractions of it are lighter. It however goes further in that it prohibits the bringing into the state of liquor except for the town agents, who are legally authorized to sell. The state of Vermont is mainly rural. It has a population of 332,442. The state is evidently committed to the continuance of the law. Bills proposing high license and local option as a substitute for the prohibitory law were introduced into the legislature in the year 1888 and 1890, but in both cases they were rejected by large majorities. The following statements of prominent citizens are submitted* being all the testimony that your commissioner has been able to get. They are statements made in reply to inquiries made in 1890. Hon. Frank Plumley, United States district attorney for Vermont, wrote : — " I fyn glad, as a friend of prohibition, that the license advocates have unmasked and are to wage open warfare. Their arguments cannot stand the broad light of publicity, and a-e easily punctured by the facts concerning the beneficence of prohibition exhibited in our state. Take the state as a body : every year shows improvement, both in the vigor of enforcement of the law and the decreased intemperance and resulting crime." George W. Hooker, president of the Vermont state agricultural society and member of the Republican national committee, wrote: — "Prohibition is the best law for Vermont, and I base my belief on the almost entire absence of crime. There is no law better enforced in Vermont, and it can be enforced everywhere if public sentiment so orders." M. H. Buckham, president of the Vermont state university, wrote : — " I wish I was half as sure of the triumph of other good causes as I am that the people of Vermont will Maintain and improve, and still more effectually carry out, the present system by which *he selling of intoxicating drink, if not absolutely prohibited, is to a great degree restricted .and restrained." On the floor of the House of Representatives, in the United 218 Thf, Facts of the Case. States Congress, Hon. Charles S. Joyce, member of congress for Vermont, some time ago made a speech in which he said: — " The history of the temperance movement in my own state, while it has not been all that we could wish, yet has been such that all g'ood men have been inclined to thank God and take courage. Vermont passed a prohibitory law in 1852, and she has been strengthening it and making it more effective ever since. In the main it has been fairly and wisely executed. It has always been sustained by a sound and healthy public sentiment upon the subject and in my opinion there never has been a moment since its passage when it stood so strong and firm in the good sense and hearts of the people as it does to-day. That it has, in connection with the moral sentiment of the people, had the effect to greatly diminish the sale and use of intoxicating liquors in our state, no man who has examined the figures and who has been long acquainted with our people and their habits will deny." The following statements have been made by different governors : — i Governor Peck, who has also been judge of the supreme court, said :— " In some parts of the state there has been a laxity in enforcing it, but in other parts of the state it has been thoroughly enforced, and there it has driven the traffic out. * * * " I think the law is educating the people, and that a much larger number will now support it than when it was adopted ; in fact, the opposition is dying out. All the changes in the law have been in the direction of greater stringency. In attending court for ten years I do not remember to have seen a drunken man." Governor Convers said : — " I think the law itself educates and advances public sentiment in favor of temperance. There is no question about the decrease in the consumption of liquor. I speak from personal knowledge, having always lived in the state. I live in Woodstock, sixty miles from here, and there is no man having the least regard for himself would admit selling rum, even though no penalty attached to it. " . Hon. W. B. Arcourt, associate justice for Washington county, said : — ^* Public sentiment is growing stronger in favor of the law every year." NORTH DAKOTA AND SOUTH DAKOTA. The appendix to the report contains copies of some merely formal correspondence with officials in North Dakota and South Dakota. In connection with this cor- respondence there seems to have been mailed to the Commission copies of reports of penitentiaries and state charities, but the commissioners have not reported any- thing relating to this information. Here again we are Results of Prohibition in the United States. 219 confined entirely to what is to be found in the minority report, which deals with the States in the following para- graphs : — North and South Dakota are new states. Prohibition of the liquor traffic was made a part of their original constitutions. Their first legislatures (in 1890) enacted laws in accottl..nce with and for the enforcement of the prohibitory provisions of the constitutions. In neither of these states was any examination made by the Commission. It has not been possible to get much statistical information ; and whatever figures have been obtained are too new to be of any value, especially as there are no earlier statistics with which to compare them. Your commissioner has endeavored to get as reliable information as possible of a general character, and presents the results of enquiries made. In North Dakota, Mr. Charles A. Pollock, one of the foremost lawyers of the state, made careful inquiry of prominent men throughout the state, and received from them strong testimony to the effect that the prohibitory law is effective. Rev. H. C. Simmons, a home mission superintendent, whose duties take him into every part of the state, says : "I h.'ive travelled over the state for 10 years, and have carefully observed the workings of both policies (license and prohibition). Every- where is seen the advantage of prohibition over the license system. While some young men are undoubtedly led into drinking habits by those who bring in liquor in jugs and bottles, their number is insignificant compared with those who are drawn into drinking habits by the saloons." Rev. E. H. Stickney, field secretary of the Sunday School Union and Publishing Society, who has travelled extensively in the state, says: "The open saloon is gone. With a few solitary exceptions, liquor is nowhere openly sold. These places will be reached before long. With the overthrow of the saloon the treating habit is broken up. Thus a great temptation is taken away from the young men — to meet together, play for the drinks, and take the first glass. This is true not only in the state gener- ally, but also in such border towns as Fargo and Grand Forks. But very little liquor is sold in the state. In the small hours of the night, in some out-of-the-way place, to a certain faithful few who are confirmed topers, liquor is undoubtedly sold. Druggists, to a certain extent, abuse their privilege in this respect. Men do, in certain cases, perjure themselves for a drink. These, however, are the exceptions, not the rule. The man who dreads the intox- icating cup, and yet has that terrible appetite, is tempted but little compared with what he once was." Similar testimony is given by the officials of the Baptist, Meth- odist, Presbyterian and Lutheran churches,— to which may be added that of a prominent business man, Mr. W. H. White, who has been a resident for nearly 20 years. He says : '* My travels 220 The Facta of the Case. have been extensive within the agricultural districts of the state, and I have found that farmers have been enabled to successfully prosecute their fall work to much better adv.'intag'e, at g'reatly reduced expense ; that merchants have sold more yfoods and made more collections ; crime has been less ; elections more peaceable, and prosperity and content more general, since the saloons have been closed ; and the towns are not made a rendez- vous for the rough element attracted to them, in the fall, by whiskey. These facts are so well known by the farmers and mer- chants that they favor prohibition, if on no other ground than a purely financial one." Of South Dakota, less information is at hand. " The Farmer," a paper published in Huron, South Dakota, in its issue of August 15, 1893, said: "Notwithstanding the efforts of liquor dealers, drunkenness has been almost entirely wiped out. Many a mod- erate drinker has quit the habit and above all, a host of young men have started on a sober and industrious career under three years' influence of so-called prohibition." It is stated that the drink bill of the two Dakotas dropped off 70 per cent, the fit si year under prohibition, and that it has been growing less each year since. " And no one has been made the poorer thereby but the saloon-keepers, brewers and distillers." ! ' The Workiny of the Maine Law, 221 CHAPTER IX. THE WORKING OF THE MAINE LAW. Special interest attaches to the Commission's report upon Maine, the state in which the experiment of prohibi- tion was first tried, and in which prohibitory law still holds its ground. As might have been expected, both the majority and minority reports deal extensively with the facts secured regarding the working of the Maine law. It will be necessary to condense these statements and conclusions. Prohibition was first enacted in Maine in 1851. It was repealed in 1856. In 1858 the electorate of the state voted on the choice between license and prohibition. A substantial majority was recorded in favor of the latter method. Prohibition came again into operation and still remains. The state has thus had thirty-six years of con- tinuous experience of prohibition. The course taken })y the Commission is thus summarised : — The time spent in the state was distributed as follows : Eig'ht days in Portland, the larg-est city ; one day in Aug-usta, the capi- tal ; three days in Bang'or, the city in which there is admittedly more flag'rant violation of the law than in any other part of the state ; one day in Pittsfield ; less than half a day in Winthrop ; about three-fourths of a day in Lewiston ; an hour in Auburn, and two or three hours in Biddeford. At the several sitting's of the Commission in the state 88 witnesses were heard. They were not selected because they were known to be favorable to prohibition, except perhaps a few sug-g-ested by Mr. J. H. Carson, who accom- panied the Commission as the representative of the prohibition- ists of Canada ; Mr. Kribs, the representative of the liquor inter- ests of Canada, naming, at least, an equal number, of known opponents to prohibition. Mention must also be made of the fact that besides the witnesses heard in the state, evidence was had 222 The Facts qf the Case. from citi/tMis i^f* Maine at the sitting' of the Commission Irt St. Stephen, N.B., and also from General Neal Dow at a sitting^ of the Commission in Montreal. EVIDENCE OF OPPONENTS OP THE LAW. Both reports are extensive. That of the majority loses much of its value from the fact that it is manifestly a laboured attempt to discredit prohibition. It devotes a great deal of space to lengthy quotations from the evidence of those witnesses who were opposed to prohibition, and to extracts from the evidence of other witnesvses, which, taken apart from their connection, might be construed as unfavourable. In this work the commissioners" have care- fully kept out of sight the important fact that many of those who were opposed to the Maine law testified that it had materially decreased the liquor traffic. A reading of the majority report alone would leave the impression that most of the witnesses believed the law to be mischievous. Instead of this the evidence taken as a whole is an overwhelming endorsement of the law, very manv of those who did not favor it admitting that in the rural parts of the state it had produced highly beneficial results. A strong case in favor of the measure could readily be made out exclusively from the evidence of those who are quoted by the Commission as being hostile. The minority report presents some very interesting facts relating to this matter in the following terms : — Of 88 witnesses heard in the state, 22 expressed opinions more or less unfavorable to prohibition. Nineteen of the twenty-two said they had never regarded the law with favor, and had always voted against it when opportunity offered. The other 3 expressed opposition to prohibition only to the extent that they favor a system of rigid license for large cities, with a local prohibition option proviso. It is worthy of ijote, also, that nearly every one of the 22 stated that prohibition had done good in the state at large, and not one favored the repeal of the law as applied to the whole state. The following quotations are from the evidence of these gentlemen (those counted as unfavorable to prohibition. ) Ex-Mayor Newell, of Lewiston, said : " I think the prohibitory law, so far as the county portion of the state is concerned, is a success." Mayor Staples, of Biddeford, said : "I should say that one effect of the prohibitory law has been to prevent the sale of liquor Thfi Workinf/ of the Afame Lav), 223 In small villag-es. There is not much, if any, liciiiOi* sold in viltag'ei* throug'hout the country." Mayor Beal, of Bang'or, said : *' My knowledjfe of the rural districts, so far as it jfoes, is that the prohibitory law is enforced in them, and that it works well. Mr. P. H. Brown, Portland, said : " I may say that there is less drinking among^st boys than there was before— that is, 25 or 30 years ag^o, when I was one of them myselt. ... I think it (the prohibitory law) has had a good effect in the country districts. It has stopped the bar room loafer, who used to be a very prominent element in our Maine towns and in New England ... I should say without hesitation that the law has done extremely well for our country towns." Sheriff Norton, of Kennebec county, said : *• Outside of the cities there is very little liquor sold." And in the cities, he said, " it has had a tendency to check the sale." Mr. E. B. Winslow, Portland, said : *• I can only judge from my travels about the state. In the country districts I think the prohibitory law has done a great deal of good. . . . In the country towns the man who goes into the liquor business is verv soon found out, and he is punished and the sale is stopped. We call them country places, but that includes all large districts as well as the central villages and towns." Hon. C. F. Libby, who is one of the strongest opponents of prohibition in the state, said : *' I do not question the possibility of restricting the liquor traffic. I realize its evils as much as any one. The prohibitory law does restrict the traffic, but it does not accomplish what it purports to do. . . . I do not say that the prohibitory law does not accomplish anything in the sparser towns, but when you come to deal with this evil in thickly settled communities, especially where there is a foreign element, the position is different. Hon. George P. Westcott, Portland, said : "As I understand it, there has been less drunkenness in the country districts, from the tact that it is more difficult to get rum. Public sentiment in country districts is against rum, and men do not drink so much there as they formerly did. Some men are good temperance men so long" as temptation is kept away from them, but when tempta- tion is brought before them they cannot stand it. In the country districts I think the law has been efficient in keeping away the temptation, and they have made temperance men because they made it impracticable to get rum in these districts." Mr. B. C. Stone, clerk of the Supreme Court, said the general effect of the prohibitory law in the state has been good. He said : " I think that throughout our country towns prohibition has worked nicely. Where liquor used to be sold indiscriminately no liquor is sold there at all now. Of course it is a difficult matter to enforce prohibition in towns of a large size. Similar statements might be quoted from the evidence of others of the witnesses who, for one reason or other, do not approve of 224 The Facts of the Case. the prohibitory law. The foreg'oinjc, however, suffice to show that even the opponents of prohibition admit that its: effects have been beneficial in the state as a whole. DRUNKENNESS AND CRIME. The majority report contains many tables of statistics comparing the records of drunkenness and crime in the State of Maine with those of Canada. These tallies occupy a great deal of space, but are very indefinite and practically valueless. The most satisfactory inference, from their view of the question, that the majority of the commissioners could obtain, being expressed in the following paragraph : — It is not claimed that these are exact statistics ; in fact, exact statistics are not obtainable, but they indicate very clearly that the vice of drunkenness has not been eradicated by the operation of the prohibitory law in the State of Maine, and that the results obtained in that direction, after a lenjfthened experience under very favorable conditioiis, are not more satisfactory than they are under the license system prevailing in the Dominion. The majority report also omits to mention evidence making it clear that the method of dealing with the offence of drunkenness in the State of Maine is such as to make the police record larger than it would be under the method usual in other localities. The following quotations from the minority report make this very clear : — In any comparison of police statistics o^ Maine with those of any other state, or with those of Canada or any part of it, due consideration nuist be given to certain facts vv.s'ch appear to be peculiar to Maine. Men are arrested for dru k; mess in Maine who would scarcely be noticed in many cities o vhe other states and of Canada. On this point much inquiry was made. The following quotations from the evidence show what the rule is. Mayor Haxter, of Portland, said : " The police are ordered if they see a man intoxicated to brinj^- him to the station. At the present time if a man g'ets intoxicated in one of these places where they sell liquor, they immediately put him out of doors where he is scjmi. They will not allow him to lie .-iround there, because they are afraid. So every drunken man gets out on the streets and is taken up." Mrs. Ste.fens, of the W.C.T.U , said : " Men and women both are arrested here (Portland) under conditions that they would not be arrested muler in a licensed city. There are niar^y more arrests, according to the number who gel drunk, than there are in a license city." Tli^ Witrking of tJm Maine Law. 225 Police Judg-e Andrews, Aiijfust.'i, said : " We are strict here ill arrestinj^ men. If a man steps cross-lejfjfed lie is taken care of. All these cases (drunks) are carefully looked after by our police." Mr. S. L. Carleton, one of Portland's oldest citizens, said he would expect the arrests for drunkenness in Halifax and St. John and other license cities to be less th.'in in Portland. "When a man is drunk in I'ortland he is an eyesore, and every- body expects him arrested, and he is arrested. It is not so in license cities." Insane people, truants from school and paupers are also inclu- ded in the record of arrests, swellinjf the number considerably. It is clear that in comparing' such police records with those of cities in other states, and also with such Canadian citit^s as Mon- treal, Toronto, Quebec, Hamilton, St. John and Halifax — wliere entirely different methods are in vog-ue — the foregoing facts must be kept in mind. According to the testimony of the police and police court offi- lials in Portland, all ;irrests appear in the court record, includ- ing those persons who are discharged without being taken before the court. Of 1,313 cases t)f arrests in Portlantl, in iHi)2, 718 were discharged without being- taken before the court. Cases occur in which a man arrested for drunkenness is tried also for two or three other offences, for disturbanire of the pe;ice, for resisting the police, etc., and the court record shows all the offences. Then, in making a summary of the court record at the end of the year, all these related offeu'^es, while given also in detail, are grouped under the head of drunkenness. For ex- ample, in the Portland City Marshall's report for 1892, 874 are grouped under the general head of drunkenness, while an accom- panying classification of offiences shows that the number really charged with drunkenness was 502. The evidence of police officials shows that the number of persons arrested for drunk- enness is not nearly so large as even the last quoted figures would indicate. Mr. Harmon, who has been connected with the police department of Portland for more than twenty years, told the Commission that he had noticed in recent years that the ])risoners for drunkenness " are the same old crowd." "Take 100 men out of the city and lock them up, and there would be few drunks on the streets." The important fact, that notwithstanding all the dirti- culties in its way, the Maine law has been effective in lessening drunkenness and crime is strikingly shown hy the facts which have been collected by Rev. J)r. McLeod, and presented in his report, some of wliich are as follows : — To know exactly what prohibition has done in Maine, it is necessary to compare the condition of the slate prior to the enactment of the prohibitory law with its conditions since the 226 The Facts of the Case. enforcement of prohibition. Ex-Governor Dingley has done this in the following' statement : "In 1855 there were 10,000 persons (one out of every forty-five of the population) accustomed to get beastly drunk; there were 200 deaths from delirium tremens annually (equivalent to 300 now); there were 1,500 paupers (equivalent to 2,200 now) made thus by drink ; there were 300 convicts in the state prison and jails (equivalent to 450 now) ; and intemperance was destroying- a large proportion of the inhabitants and of the homes throughout the state. Now not one in 300 of the population is a drunkard — not one-sixth as many ; the deaths from delirium tremens annually are not 50 ; and criminals and paupers (not including rum-sellers) are largely reduced, notwithstanding the great influx of foreign- ers and tramps." Maine's convict record is lower than that of any other state in the union, and much lower than that of Canada. And its ten- dency is steadily downward. The state prison report for 1892 says : " The number of convicts has not been so small for many years. The average this year is sixteen less than last year." This low record would be still lower but that capital punishment was abolished in Maine many years ago, since which time, those who in most other states and in Canada would have been executed, are life convicts in the state prison. There are now forty of them. Deducting these, a comparison of the records of Canada and Maine shows that Maine has, in proportion to popu- lation, little more than half as many convicts as Canada. Canada in 1892 had one convict for every 3,989 of population. Maine, in the same year, had one convict for every 6,959 of population. Mrs. L. N. Stevens is the corresponding secretary for Maine in the national conference of charities and correction, and has for several years given much attention to this subject, with specially favorable opportunities of becoming acquainted with the actual facts. When she appeared before the Commission she had just returned from the Chicago conference, where she had repor- ted the charitable societies, the correction societies, and the jails and prisons of the state. She said she had been able to report 57 Maine towns which have neither an almshouse or a single pau- per. She did not get her statistics from the census, but by writing and personal investigation. She said : "I wrote to every town, and I also visited every jail and got statistics direct from every jail. I know that we have paupers whether we have a pro- hibitory law or not, but I believe that the prohibitory law lessens pauperism. Certainly in three-quarters of the towns in the state of Maine no liquor is sold, and I have seen young men and young women who say they have never seen a drunken man." ILLICIT LIQUOR SELLING. It is not denied that liquor is sold in the state of Maine, and in some of the large cities where the authorities do not The Working of the Maine Law. 227 favor the prohibitory law, that law is frequently violated. Notwithstandinac this 'fact the other fact still remains that the law generally accomplishes good and meets with the approval of the people at large. The population of the state at the time of last census was 661,086, There are in it 20 cities having an aggre- gate population of 195,000. Over seventy per cent, of the state's population is in rural districts, villages and small towns. Many persons declare that in fully three-fourths of the state the prohibitory law is well enforced and the effects are most beneficial. Enforcement is most difficult in the cities of Portland, Lewiston, Bangor and Biddeford. The minority report sums up the facts regarding these places in the following terms : — Portland. — Portland is a seaport, and has the class of popula- tion peculiar to every seaport. Of those who offend ag-ainst the law, Judg'e Gould says : — " Ninety per cent, of those charged with liquor selling' are foreign born or of foreig'n parentage ; and 70 per cent, of the drunkards are foreign." And ye. here was strong- testimony to the effect that, notwithstanding violations of the law and the necessity of constant vigilance on the part of the officers to prevent flagrant violation, prohibition in Portland has been as effectual as could be expected, and has resulted in much benefit to the city. • Lewiston. — Lewiston ha« the difficulty that to a large section of its present population the prohibitory law is distasteful. Within a few years there has been a large influx of French Canadians, who find employment in the factories of the city. Since 1890 the French population has increased 4,000. Fully one-half of the population of the city is foreig'n born, one-third of the whole being- French. Mr. Newell, an ex-mayor of Lewiston, referring to this, told the Commission that :—'* The French and Irish people look at the subject of selling rum different from what a Yankee does, who is raised in the country. It is absolutely impossible to prevent these people from selling rum, educated as they have been, they see no reason why, if they want a glass of liquor, they should not take it. In Auburn now, there are no French people, there are few Irish people, and most of the people are American born." He added, *' There is very little liquor selling- in Auburn." The deputy city marshall, himself a Frenchman, said : — " The arrests for drunkenness last year were half Irish, one-fourth American and the balance French and German." But, despite the difficulty explained, the burden of the testimony given in Lewiston is to the effect that liquor selling- is much 228 The Facts of the Case. hampered, and that g'ood results follow. Even those witnesses who were least favorable to the law frankly admitted that good held been done by what they regarded as very imperfect prohibition. To the toregoing may be added the testimony of Senator Frye. In a letter from Lewiston in the autumn of 1891, referring to the state fair then being held there, he wrote : — " Four days of the fair have now gone. There is an immense crowd here. Not a liquor shop to be found ; not the slightest sign of gambling ; and I have not yet seen a drunken man, notwithstanding tens of thousands of people are present." Blddeford. — Biddeford has the same difficulty of population as Lewiston. It is, besides, very near to Boston, which makes violation of the law much easier. The mayor of the city told the Commission that there is no open sale of liquor ; whatever sale there is, is " what we call the bottle and kitchen business." And the city marshall said, *' In justice to Biddeford, I should say there is as little liquor sold here as in any city in the state. Under the system of prohibition there is much less sale of liquor than there would be under license." Bangor. — Bangor has the distinction of being the only place in the slate in which there is anything like open violation of the prohibitory law. The witnesses examined there were in substantial agreement as to the causes of the weak enforcement of the law. The situation, as they view it, was very well stated by Judge Vose, who said : — *' Public sentiment is all right, but we are so nearly divided in politics that it is difficult to enforce it. It is well settled that the policy of the Republicans is and has always been to support the prohibitory law. The policy of the Democratic party has always been to oppose it. We are so nearly divided in politics that if, as Republicans, we should undertake to enforce the prohibitory law strenuously, the result would be that the administration would pass into the hands of the other party, and then prohibition would go by the board at once. It would be no advantage to prohibition to have the political power thrown over to a party that does not believe in prohibition. If the Democrats had power, they would have a license law or some other law which might lead to free rum." In support of the statement that public sentiment in Bangor is in favor of prohibition, the fact is cited that the people, when voting untrammelled by party exigencies, gave a majority in favor of the prohibitory amendment to the constitution of the state. Bangor is the headquarters of the lumber business of eastern Maine. A great many lumbermen congregate there and remain during a considerable portion of each year ; many of them are given to drink and are free spenders of money. It is also stated in the evidence that Bangor has more sailors than any other town in the state ; and during the winter a large number of " ice-men " live there. The Wm'king of the, Maine Law. 229 Ah showinjif the effects of the lax eiifbrceineni of the law, attention is ilirected to the fact that the ratio of drunkenness and offences and crimes of all kinds is larg'er in Bang'or than in any other part of the state. It is, also, sug'g'estive, that of 50 poor debtors confined in the jails o{ the state in 1892, Bangor contributed nearly one-fourth of the whole number. In the same year Portland, the larg-est city, sent 213 men to jail for drunkenness, and Bang-or, with less than half the population of Portland, sent 456. Arguments against proliibition in general, based upon the condition of affairs in the cities mentioned, are manifestly unfair, in view of the overwhelming evidence of the bene- ficial effects of prohibition in other parts of the State. A common method of attempting to show that the Maine law is a failure is to cite the tricks adopted by sellers and buyers to screen their lawlessness. In reality such strata- gems are evidence of the value of the law and its success in lessening li(][Uor selling. One witness said : — It is almost as difficult for many persons to get liquor here as it would be for them to work themselves into a masonic or odd-fellow's lodge. They have got to be known, and the sellers have got to understand that they are perfectly safe in selling to them. Rev. Dr. Blanchard related his experience in endeavor- ing to locate a place of sale in Portland, having been told that anyone could get liquor there. He said : — We got there and went to the door but there was no response. We got to a little room where there was a counter and nothing else, and close by the counter there was .h door and in the door a kind of an opening, and evidently any person who was in there could take observations so as to know who we were. Of course, when they saw the marshall and myself no one was visible inside and there was nothing to be seen there. The following quotations are from the evidence of Napoleon Lajeunesse, deputy marshal of the city of Ijewiston : — Queti. — How openly do they sell liquor here? A71S. — Not exactly as openly as they do in Montreal. They have no open bars here the same as they have there. They have bars here at the back of the store, but they have what they call strong rooms, with thick doors about six or seven inches thick, and bars on the door ; they generally know their customers pretty well, and they open the door for them when they want a drink. They have a little hole to peep through, and if they know their man thev will open the door for him and let him in, and then (•5) 230 The Pacts of the Case. they will pull down the bars on the door. Sometimes the sheriff comes in to search, and while he is trying- to force the strong- door the man has time to take his liquor and spill it into the sink, and, of course, when the sheriff comes inside the room he does not find anything ; sometimes he does and sometimes he does not. The moment the retailer gets the liquor in his hands, he takes care of it, and he is supposed to hide it or sell it. Sometimes they are caught in the act. When these retailers get the liquor they have connection between their stores and the main sewer, and if the sheriffs are going around and they expect to be caught, they will empty the liquor into the sewer. THE STATE AGENCY. In Chapter 5 of Part II, will be found a summary of the Maine law showing that the sale of liquor for certain permit- ted purposes is carried on by special authorized agents. This system of agency has been found liable to abuse, and lax administration in relation to it sometimes impedes the suc- cess that would otherwise attend the prohibitory law. Public opinion against it is growing however, as is forcibly expressed in the following paragraph from Governor Cleaves' address to the legislature, June 5th, 1895, quoted in the minority report : — With the continued advance of the cause of temperance in our state, and under the influence of a strong public sentiment, aroused and strengthened by our various temperance and chris- tian organizations, the city and town agencies have been gradu- ally reduced ; and in 1894, in the four hundred and thirty-eight cities and towns in the state, only twenty-three agencies were in existence. OPINIONS OF CLERGYMEN. Seven clergymen were examined by the Commission. They were not all friendly to prohibition, yet all of them unhesitatingly admitted that it had been effective in lessen- ing intemperance. Extracts from their statements are to be found in the following paragraphs : — Bishop Neely, of the Protestant Episcopal church, has been a resident of Portland for several years, but, he said, he had not made an examination into the workings of the prohibitory law either in the city or in the state at large and could only give an impression. He felt, he said, that the law is not entirely effective, adding: *• I would be far from saying that it has had no good effect. I think it has. I think it has had more or less a good effect, but how much I cannot say because I do not know The Working of the Maine Law. 231 t what the condition of thing's was before the law. It must have had a good effect. In the country parts I do not think it has been detrimental ; on the contrary it has been advantageous, and wherever public sentiment would sustain it I have no doubt it would do good." Bishop Healy, Roman Catholic, was visited at his residence. He is not, nor has he ever been in favor of prohibition. His views and the reasons for them are stated at length in his evidence. He said, " In our little villages and country places where public sentiment maintains the prohibition law it has done a great deal of good. It has done away with the village taverns and loafers." Rev. Mr. Whitcomb, F"ree Baptist, is principal of the Maine state Central Institute, situated at Pittsfield. He has resided in the town twelve years, during which time the capacity of the woollen mills and other industries there has been considerably increased, increasing the number of their employees. He said : " It (drinking) has decreased vastly since my residence here. Those who come to our village, especially within the last few years, have remarked with a good deal of surprise, upon the little sign of drinking in the place. It is very rare to see a drun- ken man here, and when a man is found drunk in the streets, it most often turns out that he brought his liquor with him. Our own people do not go in for liquor I am confident that the honest prohibition sentiment has increased. It is in a healthier condition now than I have ever known it, because we have proved that under it our people are prospering. Temper- ance sentiment has increased, morality has increased and religion has increased. Religion has a broader flow here than it had ten years ago." Rev. Dr. Randall, Methodist, is, perhaps, the oldest minister in Maine. He has lived in the state 65 years, and was in the active work of the ministry 55 years. He said : " Intemperance pre- vailed to a great extent before the enactment of the prohibitory law. Nearly everybody sold liquor then, restaurants and hotel- keepers. The condition of Maine was at that time what might be expected where intemperance prevailed, but very soon after the enactment of the prohibitory law, a change of things took place. The enforcement of the law stopped the sale of intox-, icating liquors in the country towns and to a very large extent in the cities. We had I think three distilleries in Portland, and I do not know but we had more, before the prohibitory law was enacted. These were soon obliged to shut up and the enforce- ment of the prohibitory law made a very great change in the habits and morals of the people In three or four or five cities in the state the law is not so generally enforced as it should be, but where it is enforced the effects are very noticeable. Rev. Dr. Blanchard, Congregationalist, has resided eleven years in Portland. His church is, numerically, one of the largest Protestant churches in the city. He told the Commission that he 232 The Facts of the Case. is "not a prohibitionist in the sense that General Neal Dow is." He is opposed to saloons because they invite men to drink. He thinks the " government should have charg-e of so dangerous a traffic," and he inclines to favor some such system as that of Norway or South Carolina. Of the working and effects of the prohibitory law he said : — " My general impression is this, that the liquor saloon is more and more restricted and that there is a growing sentiment against the use of liquor because of these restrictions and because of the obloquy cast upon the man who sells liquor. You gentlemen can hardly understand it who live in places where liquor is sold. " My own impression is that as a result of this law there is a steady decrease in the use of liquor, and a deepening conviction on the part of the community that it is a dangerous thing to have liquor used . . . When I know how young men of our small towns are protected from liquor as they were not in former ye9.rs, I say that there is a great advantage in the prohibitory law in protecting the young men as they grow up in the country districts. And the young men of the state, taken as a whole, clerks and young business men, accountants and the like, are a sober class. They have more or less an abhorrence of the drink habit and I cannot help thinking after all my criticism of the prohibitory law that it has done a good deal to educate these young men to abhor liquor." Rev. S. F. Pierson, for many years engaged in the city mission work, having been superintendent of Portland City Mission since 1878, is well acquainted with every part of the state. He has visited and lectured in every town of i ,000 people from Biddeford to Aroostook, and has closely observed the operations of the prohibitory law. In illustration of the lessening sale of liquors he said : — " There was an old gentleman here a few days ago who drove one of the early stages from Portland to Lewiston, thirty- seven miles. He told me that forty-five years ago there were forty- three places on the road where he could stop with his stage, either at the tavern or grocery store, or dry goods store, and procure all the liquor that any of his passengers might want at three cents a glass, and they could help themselves at that price. After being absent from the city in Minnesota for a number of years, he wanted to see what the effect of the law was, and a friend and himself took a team in Portland and drove to Lewiston, and he said he was unable to obtain one drop of liquor from the time he left this city until he reached Auburn." * ,. Of the educative effects of the outlawry of the liquor traffic on the young people of the state he said : "At our camp at Sebago Lake, where it was presumed 10.000 people were assem- bled, I lectured on * Men Turned Inside Out,' or the effect of alcohol internally and externally. That lecture was delivered to the juveniles. There were five or six thousand ch.ldren eligible for membership. I asked the question. How many under fifteen years of age in that audience had ever seen a man who was so The, Working of the Maine Law. 233 drunk that he lay down and was not able to control himself and rise, and out of the whole multitude there was but one who held up his hand. That is the educative effect, absolutely, of prohibition in our state. " Rev. Matt. S. Hug'hes is pastor of the larg-est Methodist Epis- copal church in Portland. It is the larg-est Protestant cong-rejj^a- tion in the state. Having' lived in licensed towns he was able to compare the conditions under license and prohibition, and his testimony in favor of the latter was strong. Of prohibition in Portland he said : '* I think it is a decided benefit to the city. My reasons for saying that grow out of my experience as a clergyman. It struck me as being a peculiar thing that under the present system here I did not know of a family in my church where there was an intemperate or drun- ken son. My church is the largest Methodist Episcopal church in the city, out of seven or eight. It is the largest Protestant church in the state of Maine. When I say that here in the city of Portland, with all the drawbacks that there are to the en- forcement of the law, that I do not know of a family in my church where there is a drunken son, it seems to me a most remarkable thing. It is estimated, so the committee tell me, that we have 500 families who have church privileges in my parish, and since I have been here I have not been called into a home on account of liquor." He said that he ha^ intimate knowledge not only of the young men of his congregation but of the young men of the city gen- erally, and added, " I have not, amongst the young men of my acquaintance one whom I would term an intemperate young man, and I do not know of one who is addicted even to the moderate use of liquors. I attend our commercial travellers' banquet and a great many banquets in the course of the winter. I belong to the Masonic fraternity. I am a thirty-two degree Mason and a Knight Templar, and I know the class of men you usually find around such places as these. There is scarcely any kind of an association of our city with which I am not more or less familiar. I may add that I make it a point to stand on the same ground on which other men stand, and I have given you the result of my observation. I have a Sunday school of 950 scholars, and I never have had any difficulty in any way in my school on account of liquor. OTHER WITNESSES. Three fourths of the witnesses heard by the Commission unhesitatingly endorsed the prohibitory iaw as a blessing to the state. The following extracts quoted by Dr. McLeod, from the evidence of a few of these may be regarded as rep- resentative of all the views expressed and their reasops for 234 The Facts of the Case. Sheriff Cram, of Cumberland county, which includes the city of Portland, being asked if the law benefited the state, said ; — Most decidedly, and I will tell you why. I was born ^^ miles out of the city, in the little town of Baldwin, about the time that the first Maine law was enacted. Prior to that in this little town there were something' like six taverns where liquor was sold in large quantities ; and where you would find one of these houses, you would find the neighborhood very poor. Knowing this country all my life, and passing through it recently I could see that no liquor was sold there now, and the state of things was very much bettor. In fact I may say that, comparatively speaking, there is no liquor sold in any of these small towns. You would not in some of them be able to buy a pint of any kind of hard liquor for a large sum of money. You might go through ten of these towns in the northern part of this county and not be able to get one single pint of liquor, whereas in the little town of Baldwin, before the law, it was sold by barrels, hogsheads and puncheons There is a great improvement in their condition. In the place I speak of, at that time, land was new and it was a good agricultural portion of the county. They had timber to sell and various things on the farm which produced an income ; the land produced wheat, rye, oats, barley, potatoes and Indian corn in abundance. We had no weevel in the wheat then and things were flourishing, but, nevertheless, the houjes around there were not painted, the windows were broken, and the people wore old clothes ; while on the main road now you will see newly painted houses and the people looking thrifty and clean. In this respect I noticed a change which I can hardly describe. The Maine law may have done it, or it may not have done it, but it is the only way I have to account for it. Mayor Baxter, of Portland, who carries on one of the la!gest businesses in the city, and is one of the largest property owners, said : — I think the prohibitory law has done a great deal of good in this city. It has rendered the traffic in intoxicants disreputable, and no respectable men are inclined to undertake the business. Of course it does not prevent drunkenness, for men who are inclined to drink will get it in some way, but it has driven the liquor traffic into out of the way and disreputable places. There are no open saloons in Portland. There are places where liquor is to be found, but it is sold in secret and I should say almost altogether from the pocket - , I can give you a case of one young man who came out here who drank to excess in England, and he came here because there was no liquor sold. He has not the temptation now of saloons and he has become very prosperous in this city. He told me he came here simply because he heard of a prohibitory law. The Working nf the Maine Law. 235 Mr. S. Ij. Carleton, who has lived in Portland forty-eight years, speaking of the condition of the city and state before prohibition, said : — Up and down this very street there were rum shops whole- sale c'lnd retail. Every g^rocery store in the state of Maine was a rumshop. We had one little town called VVestbrook, and the like of it in any state was not to be found for poverty. They hauled their lumber in here from day to day and sold it, and they broug-ht back in return hog'sheads and barrels of rum and g-in and brandy, and they were consequently badly off and it was a poor miserable place. To-day, under the prohibitory law, it is one of the most prosperous places in this state or in any other state. Mr. A. T. Adams, who has lived in the state all his life, has been in nearly every part of it, and has forty years memory of its history, said-: — There can be no question, I think, if you were to ask the peo- ple who have lived in the state right along-, you would find three- fourths of the people would agree • that, while the prohibi- tory law has not totally prohibited liquor, it has lessened the sales of liquor very much. I heard a sheriff say, a short time ago, that it had decreased his business in the last decade more than one third, showing that instead of the law becoming less effective, it is more effective. Mr. A. L. Bangs, Augusta, a business man of wide experience, and a close observer, and who was at one time in favor of a high license system, said : — I have been iti active business since 1865 employing- men. I have visited all parts of the state in the line of my business, coming into contact in a business way with all parties in all parts of the state. I also come into contact with people in Massachu- setts, Connecticut, New York and Rhode Island once a month at least. I have had an opportunity of seeing the working- of the prohibitory law in all parts of the state and to compare it with the license system. There were six months when I stayed con- tinuously in Connecticut under high license. That the prohibitory law is a benefit to the state of Maine in every possible way you can speak of it, both in regard to its business and from a moral standpoint, there is not any question. I say this because I have come into contact with the people all through the state, and this is especially the case, as you have been told to-night, in the rural districts, from which our best quality of citizens come. The rural population come in and make the best quality of our city population. That population comes in j respects the law and helps to protect it. 236 The Facts of the Case. J. H. Carson, recording secretary of the Dominion Alliance, who accompanied the Commission in their in- quiries in the state, being sworn as a witness, said : — While not eng'ag'ed in attendance at the sittings of the Commission I was constantly on the look-out to see it* I could discover any place where liquor was being' sold. I visited all the hoti'ls, I believe, a large number of restaurants of various classes, cigar and soft drinks shops, drug stores, places where one would naturally expect to find liquor for sale, if any was being sold ; and during the whole of my stay in Portland I did not find one place in which I could discover that liquor was being sold. I was anxious to know where and how the illicit business was done. I asked Mr. Kribs to come with me and show me where liquor was being sold, just to convince me of the truth of his statement. I promised I would make no other use of the information. His reply was "Oh, I don't care to go with you." Bangor was the only place in Maine in which I was able to find liquor for sale. There open bars were found, but, not in a very attractive form, such as one would find in any licensed place. Party politics in Bangor is the cause of the lack of law enforce- ment. The two parties are so evenly divided that the liquor sellers combining can defeat the party that attempts to enforce the law against them, and so deals are made, and, as stated by Mayor Beal and others, there exists an understanding between the liquor sellers and the authorities by which the prohibitory law, in a considerable degree, becomes a aead letter. Pittsfield and Winthrop were the only places visited by the Commission outside the cities. There the advantages of the prohibitory law were very apparent. Not the slightest appearance of liquor or liquor drinking was to be seen, and, although the town of Winthrop was "en f(6te," it being the fourth of July, I did not see any disturbance or sign of drunkenness any where, and I was particularly observant. From information I received while in Maine, I am perfectly satisfied that, notwithstanding the weakness and defects that there undoubtedly are in the Maine law, it is, in its results, infinitely superior to any system of licens- ing of which I have any knowledge." WHAT MANUFACTURERS SAY. The manufacturing interests of Maine are large and important. In Lewiston and Biddeford there are exten- sive cotton mills and other manufacturing industries em- ploying some thousands of persons. It was suggested to the Commission, in both these places, that the managers or superintendents of these industries could, doubtless, give valuable evidence ; and it is to be regretted that i and it is within the truth to say that the quantity of liquor sold there now is not one- hundredth of what it was before. We had seven distilleries and two breweries, and we had many cargoes every year from the West Indies, which the people brought over for their own use. Now whatever liquor is sold there, is sold on a very small scale, and on the sly. We are saving directly and indirectly at least $2-^,oOO,ooo every year, which but for this law would be wasted in drink, as it was in olden times. In the old days the people of Maine spent in strong drink the entire value of all their property ; now it is far within the truth to say that $1,000,000 would pay for all the liquor smuggled into Maine and sold in violation of the law. So the saving to the people of Maine has been very great, and has been the means of making the state prosperous, as it was not in t.ie olden days. W^e expect to achieve still greater success in the future. The liquor sold now is the result of certain deficiencies in the law, and we have been trying to have those deficiencies corrected. The English law can be enforced much better than the law in Maine. We have not there summary trials and convictions, as in England, and perhaps in Canada, but they are very long trials in the United States. The constitution requires that every man shall be tried by jury, and so when a man is convicted of selling rum he appeals, and there is a delay of a year or two, and I may say that facilities are given for delays. Besides, the courts have discretion in regard to the administration of the law, and as the lawyers press the court so much, the judges are very apt to be lenient in the administration of the law. The liquor traffic is not entirely excluded from Maine ; but it is safe to say that in more than three-fourths of our territory, containing more than three-fourths of the population, the liquor traffic is practically extinguished. In all the rural districts and smaller towns and villages, there are no grog shops and no liquor traffic. A whole generation has grown up without having seen the effects of liquor, and there are nien and women yyhp hfvve never seen a drunken man. The Wwking of the Maine Law. 241 BALLOT BOX OPINION. The residents of Maine who have had forty years' ex- perience of the working of the law ought to be well qualified to judge of its value. It is not going too far to say that the public opinion of the state unhesitatingly en- dorses the law and that there would be no hope of an attempt to secure its repeal. In the year 1884 a popular vote was taken upon the question of making prohibition not merely statutory but constitutional. To the electorate was submitted a proposal to embody the principle in the fundamental law of the state. The vote upon the pro- hibitory amendment stood as follows : — For 70,783 Against 23,81 1 Majority for prohibition 46,972 In the year 1895 the advocates of license secured the introduction into the state legislature of a bill for re-sub- mitting this question of constitutional prohibition to the people. A strong campaign was made in its favor, but the proposition was defeated in the legislature by a vote of 114 to 13. OPINIONS OF STATE GOVERNORS. The following extracts are taken from statements made by different governors of the state of Maine in their official addresses to the legislature. Governor Daniel F. Davis, 1880. — Like all other evils ititem- perance will succumb, at least in part, to true moral force, well directed. It is to be regretted, however, that there are those whom moral forces will not reach. To restrain this class, pro- hibitory laws have been found necessary. The principle of pro- hibition has been so long' the settled policy of the state, and has been found so useful and effective in suppressing the liquor traffic, that no party or class of men now dare assail it. Governor Frederick Robie, 188S. ~^The evidence is unmistak- able that a majority of our people favor the policy of prohibition, and thei e are few localities which do not favor a wise and impar- tial enforcement of all law relating thereto. There has undoubt- edly been a difference of opinion among good and conscientious citizens in regard to the best mode of eradicating intemperance, but there are few who are unwilling to admit that there has been a wonderful change for the better m public sentiment where the law has been rigidly enforced. In a large part of the state, em- 242 The Facts of the Case. bracing' more than three-fourths of our population, the liquor traffic is practically unknown. Governor Joseph R. Bodwell, 1887. — The situation in the state respecting- the law may be briefly and candidly stated. In from three-tourths to four-fifths of the towns of the state, the law is well enforced and has practically abolished the sale of spirituous and malt liquors as a beverage. In the larger cities and towns, on the seaboard and at railway centres, it has been found more difficult to secure perfect compliance with the law, but it can still be said that at very few points in the state is liquor openly sold. Governor E. C. Burleigh, 1880. — The great evils of the liquor traffic, the pernicious influence of the saloon upon the public mor- als, and the disorder and crime resulting from intemperance, have rendered restrictive and prohibitory legislation imperatively neces- sary, in the opinion of a large majority of the people of the state. Both by constitutional provision and by statutory enactments, Maine has permanently prohibited the manufacture and sale of alcoholic liquors, except tor medicinal and mechanical purposes. Long experience has demonstrated the wisdom and advantages of this policy. CONCLUSIONS. Making due allowance for the extent to which the liquor traffic still lingers in Maine as shown by the evidence of witnesses, and so strongly and fully set out in the majority report of the Royal Commission, and weighing carefully all the circumstances connected with the administration of the law and the results of its enforcement, the conclusions arrived at in the minority report regarding the effectiveness of prohibition in the State of Maine must be admitted to be sound and moderately stated. They are as follows : — If a diminution of the sale of liquors, the lessening of the many evils which result from such sale, the strengthening of sentiment antagonistic to legalizing the traffic, and the clearly expressed will of the people favorable to prohibition may be regarded as proof of the success of the prohibition system, then your commissioner with all these facts before him, cannot avoid the conviction that the prohibitory law of Maine, despite defects and many infrac- tions, has been, and is a marked success. It has greatly reduced the consumption of liquors in the state ; has created a strong public sentiment against both drinking and selling liquors ; has banished drink shops from fully three-fourths of the state ; has degraded the liquor traffic so that no person with any pretension to respectability thinks of engaging in it ; has restricted illicit liquor selling more eff"ectually than any other system has ever done ; has been attended by peace, plenty and prosperity ; and has commended itself to the favor of the vast majority of the people of the state as a beneficent law, markedly promotive of the public welfare. Prohihition in loira. 243 CHAPTER X. PROHIBITION IN IOWA. A prohibitx)ry law was enacted for the State of Iowa in the year 1855. In 1857 the law was amended so as to permit the manufacture and sale of fermented liquors. This alteration practically broke down the prohibitory law, and the sale of liquor was carried on for a time with little restriction. In 1882 a prohibitory amendment to the constitution was submitted to a popular vote. This amendment was in the following terms : — No person shall in the future sell or keep for sale as a bev- erage any intoxicating' liquors whatever, including ale, wine, or beer. The general assembly shall by law prescribe regulations for the enforcement of the prohibition herein contained, and shall thereby provide suitable penalties for violations of the pro- visions thereof. In favor of this amendment there were polled 455,436 votes; against it 125,677. Seventy-six counties gave majorities in favor of the amendment ; twenty-three gave majorities against it. The courts decided, upon an appeal, that because of a clerical error in the record of the legis- lative proceedings preliminary to its submission, the amend- ment had not been legally adopted. The legislature however, recognized public opinion, and in 1884 enacted a prohibitory law which is still in oper- ation. The position of Iowa is peculiar. The Mississippi river forms its eastern boundary, and the Missouri a large part of its western boundary. On these rivers are a number of 244 The Facts of the Case. important towns, in most of wliich the prohibitory law is not enforced. This is partly owing to the character of the river-going population, and partly to the fact that the local government in these places is in the hands of officers who are strongly hostile to the law. The prohibitory law was enacted by a Republican legis- lature. It was, and is opposed by the Democrats. In most cases in which the Democrats are sufficiently strong to con- trol affairs, they place in office liquor-favoring men, who, in defiance of law, deliberately plan for the systematic carry- ing on of the liquor traffic. An illustration will show how this is done. AUTHORIZED LAW-BREAKING. The commissioners began their Iowa inquiry in the city of Council Bluffs, with a population of about 35,000. They began work by visiting two wide-open saloons and taking the evidence of the proprietors. Later on city officials were interviewed. All readily avowed the follow- ing facts : — The city had, running with the recognition of the author- ities, seventy-eight so-called " disorderly houses," that is, places where liquor was openly sold. On the first day of each month a notice was sent by the police authorities to each liquor seller, that there was an information and a warrant against him for liquor selling. The liquor seller at once repaired to the police office, paid fifty dollars as security for his appearance next day in court, with two dollars and ten cents additional, as costs. The offender failed to appear, the security was forfeited, and the liquor seller was not interfered with till the first of the following month. It will thus be seen that these men were practically authorized to break the law on payment of a monthly fine of fifty-two dollars and ten cents. For the convenience of the liquor sellers they were given ten days from the com- mencement of each month in which to respond to the action of the authorities. If anyone failed to do as expec- ted, the prohibitory law would be enforced against him. It may be mentioned in passing that other immoral insti- tutions were treated \v precisely the same way. Prohibition in lo^va. 245 TOWN AND COUNTRY. The inquiry in Iowa was conducted by Judge McDonald and Dr. McLeod. They visited the cities of Council Bluffs, Des Moines and Cedar Rapids. Judge McDonald also made inquiry in the city of Clinton, and Rev. Dr. McLeod visited Muscatine. Des Moines is the capital of the state. The others are what are known as river towns. Dr. Mc- Leod was desirous of visiting some of the smaller towns, and some of the rural districts of the state, but Judge McDonald declined to take this course. Thirty-five persons were interviewed. Fourteen of them avowed themselves opposed to the prohibitory law. Five of these were liquor sellers. Of the other nine, seven had always been opponents of the measure. Of those witnesses, who were opposed to prohibition, a large number unhesita- tingly asserted that in rural parts of the state the law was thoroughly enforced with good results. Hon. Horace Boies, governor of the state, one of the strongest opponents of prohibitory legislation, said : — There are a great many g-ood people in this state who hon- estly believe that the prohibitory law is a good thing, that it les- sens crime — that it is good from a moral point of view. For my own part, I am just as thoroughly satisfied that they are wrong — that the law is a bad law from every standpoint. I do not mean to say by that that in no part of Iowa is the law enforced ; because that is not true. Wherever public sentiment upholds it, wherever a large majority of the people are opposed to the traflRc in intox- icating liquors, the law is reasonably well enforced. But, on the other hand, when you get into a locality where the public senti- ment is opposed to the law, it is there the law is worse than a dead letter. I think I can truthfully say that in the interior counties where public sentiment is strongly opposed to the traffic in intoxicating liquors of any kind, the use of those liquors as beverages has been diminished. So that starting with the proposition that the use of intoxicating liquors as beverages is an evil, I think all ought to be willing to concede that the law has proved a benefit to those localities. From what has been stated it will at once be seen that at the time of the commissioners' visit different parts of the state were under different conditions. A majority of the large towns were under the loosest kind of a license law, with very little restriction upon those who were willing to (16) ^46 Thfi Facts of the Cane. pay the monthly fines, the rest of the state had practical and effective prohibition. A glance at the tables in chapter 7 will show that Towa had, at the time of the United State census, a remarkably low record of crime according to both penitentiary and jail statistics, and had also a low ratio of almshouse in- mates. The number of penitentiary convicts to 1,000,000 of the population in the whole United States was 722. In the state of Iowa the penitentiary convicts per 1,000,000 of the population numbered 326. The ratio of county jail prisoners to population of the United States was 312 per million, in Iowa it was 171 per million. ' ' EXTRACTS FROM EVIDENCE. It will scarcely be necessary to add anything further than a few extracts from the evidence taken in the different places visited. Hon. W. N. McFarland, of Topeka, Secretary of State for Iowa, said : — We have qg counties. I have been pretty well over them in the campaigns in three years, and I should say that in sixty of those ninety-nine counties the law is fairly well enforced, as well as ordinary criminal statutes are enforced ; but in the other thirty-nine counties the law is not enforced as well as other laws. Probably in those thirty-nine there would be twenty counties where the law is absolutely disregarded, where it is not enforced at all, and there are more saloons in those twenty counties than there were before the law was passed, and they run absolutely without any restraint. That "s the result of my observation. The following is from the evidence of Hon. G. T. Wilson, United States district court judge : — Ques. — Where there has been a breach of the law and it is prosecuted, what class of people are generally guilty of the offence ? Ans. — In a large portion of the state where prohibi- tion is rigidly enforced, there can be no open saloon. I live in the south-eastern portion of the state, which has not a saloon in it, or a place for the sale of liquor. The only way you can get it Is by going to the pharmacies, or by getting it from what are called boot-leggers. Those are the main parties who appear in court. Ques. — I suppose that in the district of the state where you live there are towns with a considerable population? Ann.— The average town has 4,500 to 5,000 people. Que8. — In towns of that size, is the law well enforced? Ans^ — Yes. I live in Moun< Pleasant, which has about 5,000 popula- Prohibition in Iowa. 247 tion. There is a drug' store in it, in which it is suspected that you can get liquor, but outside of that there is not an open place where you can get it. E. R. Mason, Des Moines, clerk of the United States circuit court, said : — In 1886, my brother and myself purchased at Jonesville, Mich., a cotton mill, and operated it with about 100 employees. In that town they had open saloons, and a large number of the employees were addicted to drink. When they drew their money monthly they were not back to the mill on time, and they never got a single dollar ahead. When we moved to Des Moines with the mill in 1888, we brought a large number of those employees with us, and, without a single exception, we had to furnish the means to pay the transportation of themselves and their families and their house- hold effects. We operated the mill here for three years, and, without a single exception, those men who had been addicted to drink were sober and saved their money, so that when the mill was burned in December, 1891, there was not one of them who had not sufficient money to carry him through the winter with- out any help from outside. DRINK SELLIN(J IN DES MOINES. The city of Des Moines with a population of 60,000 had no open saloon. Officials assured the commissioners that the law was well enforced. Complaint, however, was made that people could get intoxicating liquor at drug stores with very little difficulty. Judge McDonald describes a visit made by him in the evening under the guidance of two newspaper men to the back part of several drug stores, in all of which intoxicating liquors were being dispensed. He also was admitted, in one case by the knocks of one of these newspaper men and in another case by the same party's latch key, into rooms where liquor drinking was carried on. Even in this large city such traffic as existed was being carefully kept out of sight. IMPORTANT STATEMENTS. A few other statements taken from the minority report are herewith submitted : — A Governor's testimony.— Hon. William Larrabee, Governor of Iowa, who was, prior to its enactment, a strong opponent of the prohibitory law, became an equally warm supporter of it by 2 18 The Facta of the Case. observation of its working's. In his address to the legislature in i8go he said : — " Thousands of those who voted ajjfainst the constitutional amendment in the belief that such a law would prove a dead letter, are now convinced thjit it can be enforced and demand its retention. The benefits which have resulted in the state from the enforcement of this law are far-reaching- indeed. It is a well recog-nized fact that crime is on the increase in the United States, but Iowa does not contribute to that increase. While the number of convicts in the country at large rose from one in every 3,442 of the population iti 1850, to one in every 860 in 1880, the ratio in Iowa is at present only one to every 3,130. The jails of many counties are now empty during a good portion of the year. . . . . It is the testimony of the judges of our courts that criminal business has been reduced from 30 to 75 per cent., and that criminal expenses have diminished in like proportion. We have less paupers and less tramps in the state in proportion to our population than ever before. Breweries have been converted into oatmeal mills and canning factories, and are operated as such by their owners. The report of the super- intendent of public instruction shows an increased school attendance throughout the state. The poorer classes have better fare, better clothing, better schooling and better houses. In a later address, Governor Larrabee said : — ^" There is not one-twentieth part as much liquor consumed in Iowa to-day under prohibition as there formerly was under license. . . . Many of the sheriffs in Iowa have discharged their deputies because there was nothing for them to do. The saloon was gone, and crime was without a factory. About half the Iowa jails are empty. It is impossible to keep jails filled unless you have recruiting stations in the shape o^ saloons. When my term of office expired the convicts in the two penitentiaries had so run down that all could have been put into one prison. In December, 1887, Governor Larrabee addressed to each of the superior court and district court judges in the state a letter of inquiry about matters for executive recommendation to the next general assembly of the state. The governor's letter contained this paragraph : — " I shall also thank you to apprise me of the effect of the prohibitory law in your district. Would you, after having for several years observed the operation of the present prohibitory law, advise its repeal ; and if so, what would you propose to place in its stead ? " Answers to the above question were received from thirty-five judges— nearly the whole list. Two of them did not say whether they were in favor of or opposed to the law. Four were opposed to the law as it stands, favoring local option for cities. Twenty- nhie were in favor of the law. Some of them had been opposed to it, but had become convinced of its wisdom by observing its g-ood effects. Prohihhion in Iowa. 240 Judg-e Wilson said :— " I was not in favor of tho law, thinkinjjf that the public sentiment was not strong' enough to make it a success, and that high license would work better. I have carefully watched its workings and am convinced that I w.'is wrong. Whatever was the sentiment at its passage, I am satisfied that nine-tenths of our citizens would vote against its repeal to-day. . . . No, sir, I am not in favor of repealing the law, and would be very sorry to see it attempted." Judge Carson said : — " When in the senate I favored local option, but I am now satisfied that the statute should stand. My belief is th.at the effect has been very favorable in the reduction of criminal offences, especially those growing out of brawls and quarrels." J. F. Kennedy, M.D., secretary of the Iowa state board of health, said : — In all respects our people have been greatly benefited. Crime and immorality have greatly decreased ; social conditions have improved ; homes have become more home-like, and thrift and the angel of hope have gone into many homes where the blight of poverty and the demon of despair had taketi up their abode. Mr. \V. W. Field, director of the state agricultural society, said : — I do not mean to say that no liquor is sold and used in the state, but I do say that the quantity is small compared with saloon times, and that our young men are not tempted as formerly, and are being taught that to drink is to lower themselves in the estimation of the best society. It is rare now to see a drunken man upon our streets, and at our recent state fair, i8qo, where there were upon our grounds one day 50,000 people, not a man was seen under the influence of liquor. CONCLUSIONS. Judge McDonald's views concerning the situation in Iowa are summed up in the following terms : — That while many earnest prohibitionists honestly believe that in the rural districts the law is enforced, the fact is that in some of these sections there would not be any saloon even if a license law were in force, or, while in some of them the drug stores for the more respectable, and the " boot-leggers " for the lower classes, supply the demand for intoxicants, in all of them liquor may from other states be lawfully brought by or sent to the citi- zens for use in their own houses, and men may carry pocket flasks. Thfit there is not a pretence, even upon the part of prohibition- ists, that the law is well observed in the cities and towns with the exception of Des Moines and possibly some small places, and as 250 The Facta of the Case. to Pes Moiiu's it is shown itu'onlrovertibly, both by the state- ments of citizens and others, and by personal observation on behalf of the Commission, that the law is flagrantly and systemati- cally violated. That " the law as it now (1893) exists g'ives the drug' stores practical immunity for the sale of liquors," and that in fact very niany of the so-called drug stores are in reality simply saloons for the sale of intoxicants. That one of the worst evils which has resulted from the working of the prohibitory law in Iowa has been that in many commu- nities there has been begotten a contempt for all law. The conclusions adduced by the Rev. Dr. McLeod from his personal observation and the evidence submitted are as follows : — The evidence shows that in certain places the law is openly viol ited with the consent of the civic authorities. And the obser- vation of the commissioners bears out these statements. The testimony is uniform that the lax enforcement of the law is in the border cities and towns, and in those in which the foreign popu- lation is dominant. And, except Des Moines, the commissioners visited only such places, and in them heard most of the evidence and made their observations. There was substantial agreement amongst the witnesses heard, including those who did not think the prohibition system a wise one, that in two-thirds of the state, or more, the prohibitory law was well enforced, with but little difficulty and with beneficial results. Since the visit of the commissioners a change in the state law has been made, providing by statute for the authoriza- tion ot the law-breaking already described. Under this pernicious system drunkenness is rapidly increasing in those parts of the state in which the prohibitory law is thus set aside or disregarded. 4 -.n. Prohihif io7i in KanMA. 251 CHAPTER XI. PROHIBITION IN KANSAS. The state of Kansas furnishes perhaps the best field available i i which to study the actual effect of the operat^ion of prohibitory law. It was the first state to embody prohibition in its constitution. The constitutional amendment which was adopted in 1880 was in the follow- ing terms : — ; The nuimifacture and sale of intoxicating' liquors shall be for- ever prohibited in this state except for medical, scientific and manufacturing purposes. The vote upon this amendment stood as follows : — for 91,874, against 84,037. In the following year, 1881, the legislature enacted a prohibitory law giving effect to the constitutional amend- ment. For some time the enforcement of this statute was hampered by technical difficulties, which in time however, were surmounted. As officials became experienced in administering the law its effectiveness was increased. Since about 1885 it has been admitted a success, even by many of those formerly opposed to it. . Three of the commissioners visited the state ; namely, Judge McDonald, Dr. McLeod, and Mr. Gigault. Their investigations were conducted in five places, Kansas City, Leavenworth, Topeka, Ottawa and Salina. No rural places were visited. . Kansas city and leavenwoktii. These two cities are decidedly the best (or worst) examples to be found in the state of lax administration of 252 The Facts of the Case. the law, the conditions in both cases being peculiar and such aa to seriously interfere with successful enforcement. These facts are set out as follows by .Dr. Mcl^eod : — Kansas City is as unfavorably situated for the enforcement of prohibition as it could possibly be. It is, practically, a part of Kansas City, Missouri, in which latter city, as stated elsewhere in this report, liquor selling', under a hig'h license system, g'oes on unhindered seven days in every week and twenty-four Jiours every day, with the accompaniment of Sunday theatres, g'ambling' and prostitution. The population of Kansas City, Kan., (40,000) is made up largely of Bonemians, Hung.'irians, Germans and colored people, all of which classes have more or less the drink habit. Leavenworth is another illustration of lax enforcement. It is located on the Missouri river, and its main street is within fifteen minutes walk of the high license state of Missouri. It has a large foreign population, including many miners ; there is a military reservation and fort, with sometimes three thousand soldiers, on one side and a home for veteran soldiers on the other side, in which there is all the time an average of 2,500 men. The stale penitentiary also is near. Before prohibition Leavenworth sup- ported over two hundred saloons, dance houses and beer gardens ; and when the vote was taken on the prohibitory amendment the city polled a large majority against it. It is not, therefore, sur- prising that there should be resistance to the prohibitory law, nor that its enforcement should be difficult and uncertain. Notwithstanding these unfavorable conditions it was found that in Kansas City public opinion was strongly in favor of the law. Eighteen witnesses were examined. Two of these were not directly asked their opinion about the law. Fourteen of the remaining sixteen spoke favorably of it, and declared that it had accomplished g(K>d. A couple of extracts from the evidence, showing ht)w strongly these opinions were expressed, are well worth