Collected writings of Clarence Edwin Flynn, first series : $b 1929 and earlierFlynn, Clarence Edwin
Religion
Collected writings of Clarence Edwin Flynn, first series : $b 1929 and earlier
Flynn, Clarence Edwin
American literature -- 20th century; Christian literature; Didactic literature
One of the cries raised in the rather recent past was that no sumptuary
legislation should be permitted. Political parties were in the habit of
writing into their platforms from year to year the statement that they
were opposed to all such enactment. This declaration seldom failed to
garner a harvest of votes from the self-styled liberal element.
It was cheap and easy to make such a declaration, but it would not have
been so easy to bolster it up with any reasonable defence. In the light
of deeper thought, such a position appears not only unreasonable and
ridiculous, but vicious and perilous as well.
Were one to search the criminal code from the beginning to the end he
could find no law which does not partake of the sumptuary nature. In one
way or another, each provision sets a limit for human liberty. Each tells
the citizen of a thing which he may not do and remain safe from the hand
of the law. It does not do so because society wants to prescribe the
rules of private conduct to be followed by any individual member. It does
so because it must protect its peaceful members against the trespasses of
those who do not regard the rights of others.
The law against burglary, for instance, is really a sumptuary measure. It
limits liberty at the point of taking the property of other people. No one
complains of the injustice of such a law. The menace of burglary, however,
does not compare with the menace which the saloon system has been.
The law which prevents one man from selling and another from buying
powerful narcotic and poisonous drugs is also a sumptuary provision. It
limits human liberty at the point of eating and drinking. Seldom does any
one complain about it. No other poison, however, has occupied so prominent
a place and wrought such widespread havoc as has alcohol.
The saloonkeeper has harmed society more than has the burglar. He should
therefore suffer at least an equal degree of restraint. Liquor has worked
more damage than has any other article of common sale. There is,
therefore, no reason why its manufacture and sale should not be affected
by at least the same safeguards as those surrounding the manufacture and
distribution of other dangerous drugs.
A kindred complaint from the liquor champions has been that the government
shows increasing signs of the spirit of paternalism. The contention is
that the prohibition reformer represents a meddlesome class who want to
control the lives of others. As is the case with the first claim
mentioned, this proposition needs but a second look. No proper government
and no thoughtful citizen desires the mere power to control the conduct
of other people. Especially have we tried to foster the spirit of freedom
in America. No one who loves his country wants unduly to destroy or
interfere with the liberty for which the nation stands.
Public-domain text, read in full here on John Shaqi.
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