Appletons' Popular Science Monthly, August 1899: Volume LVVarious
Science
Appletons' Popular Science Monthly, August 1899: Volume LV
Various
Science -- Periodicals; Technology -- Periodicals
combating an evil with which they are very properly impressed, but to
the consequences of an abrupt removal of which it has not occurred to
them to pay any attention whatever; for example, the seriously
proposed law against "treating"--that is, against inviting a friend to
"take a drink" with him. Granted that the tippling habit is encouraged
by the social instinct, and that the great peril of drunkenness comes
(as an old New England farmer expressed it) "not from drinkin', but
from drinkin' agin," a law to prevent treating, like a law forbidding
a man from inviting his neighbor home to dinner, or his wife inviting
the other man's wife over to luncheon, would be obliged to first find
its lawgiver. But gentlemen who solve the liquor question are not apt
to be particular to find a jurisdiction and a source for the laws they
propose. It is interesting to note that in one State (Nevada) an
anti-treating law was once actually passed, but repealed, "having
proved impracticable" (at least, that is the official record of the
reason for its repeal, no particulars being given).
VII. THE PERSONAL DAMAGE LAW.--that is, the holding of a seller of
liquor to a person known to be dangerous when in drink responsible for
damage caused by his intoxication. This principle has now become
ingrafted in the laws of seventeen of the United States, sometimes
coupled with high license and local option and sometimes not. It is
really only an application of the principle of the common law that a
man must so use his own as not to injure his neighbor; that
communities had the same right to hold a supplier of intoxicants to a
violent drinker as a criminal as it had to punish the keeper of a
dangerous beast (of a biting dog, for example, knowing it to be
such--i. e., if the animal has once bitten a human being or killed a
domestic animal kept for revenue, as a cow or a sheep). This civil
damage law has been made statutory in many ways. In Ohio the seller is
held indefinitely for the "expenses of any one who takes charge of the
intoxicated person" after notice to the seller not to sell to that
person. In Michigan the damages may be exemplary. In Vermont, if the
drunkard is imprisoned the seller must pay two dollars per day to his
wife or minor children in addition to suffering an imprisonment. In
New Hampshire and Nebraska, and in several other States, a person
arrested for drunkenness is given his liberty if he will disclose the
name of the person who sold him the liquor on which he became
intoxicated. In most of the other States (as in New York) the damages
are not limited except by the facts of such case. In New York, too,
the preliminary notice is insisted on. In other States (as Idaho) the
seller's damage is the loss of his license, if notice not to sell has
been properly served upon him. In Arkansas the liquor seller as a
condition of his license must give a bond to pay all damages awarded.
In Nebraska the seller must give a bond to support all widows and
Public-domain text, read in full here on John Shaqi.
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