The liquor legislation of the United States presents a great contrast to
that of the United Kingdom, but it is not less interesting in an
entirely different way. In place of a single homogeneous system
gradually evolved in the course of centuries it embraces a whole series
of different ones based on the most diverse principles and subject to
sudden changes and frequent experiments. It is not sufficiently
understood in Europe that the legislatures of the several states are
sovereign in regard to internal affairs and make what laws they please
subject to the proviso that they cannot over-ride the Federal law. There
is therefore no uniformity in regard to such matters as liquor
legislation, and it is a mistake to speak of any particular system as
representing the whole country. The United States government only
interferes with the traffic to tax it for revenue, and to regulate the
sale of liquor to Indians, to soldiers, etc. The liquor traffic is
subject--whether in the form of manufacture, wholesale or retail
trade--to a uniform tax of 25 dollars (£5) per annum imposed on every
one engaged in it. Congress, under the constitution, controls interstate
commerce, and the Supreme Court has decided that without its consent no
state can prevent a railway or other carrying agency from bringing
liquor to any point within its borders from outside. Thus no state can
keep out liquor or prevent its consumption, but any state legislature
may make what internal regulations it pleases and may prohibit the
manufacture and sale altogether within its own borders. It may go
further. In 1887 a judgment was delivered by the Supreme Court of the
United States that it is within the discretionary power of a state to
protect public health, safety and morals even by the destruction of
property without compensation, and that the constitution of the United
States is not thereby violated. Use has been made of this power in
Kansas, and it appears therefore that persons who engage in the liquor
trade do so at their own risk. There is in fact no stability at all
except in a few states which have incorporated some principle in their
constitutions, and even that does not ensure continuity of practice, as
means are easily found for evading the law or substituting some other
system which amounts to the same thing. As a whole the control of the
liquor traffic oscillates violently between attempted suppression and
great freedom combined with heavy taxation of licensed houses.
Public-domain text, read in full here on John Shaqi.
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