In effect the Dow law amounted to repeal of prohibition and its
replacement by the freest possible form of licensing. In Iowa, which
early adopted a prohibitory law, still nominally in force, a law, known
as the "mulct law," was passed in 1894 for taxing the trade and
practically legalizing it under conditions. The story of the forty
years' struggle in this state between the prohibition agitation and the
natural appetites of mankind is exceedingly instructive; it is an
extraordinary revelation of political intrigue and tortuous proceedings,
and an impressive warning against the folly of trying to coerce the
personal habits of a large section of the population against their will.
It ended in a sort of compromise, in which the coercive principle is
preserved in one law and personal liberty vindicated by another
contradictory one. The result may be satisfactory, but it might be
attained in a less expensive manner. What suffers is the principle of
law itself, which is brought into disrepute.
State prohibition, abandoned by the populous New England and central
states, has in recent years found a home in more remote regions. In 1907
it was in force in five states--Maine, Kansas, North Dakota, Georgia and
Oklahoma; in January, 1909, it came into operation in Alabama,
Mississippi, and North Carolina; and in July 1909 in Tennessee.
_Local Prohibition._--The limited form of prohibition known as local
veto is much more extensively applied. It is an older plan than state
prohibition, having been adopted by the legislature of Indiana in 1832.
Georgia followed in the next year, and then other states took it up for
several years until the rise of state prohibition in the middle of the
century caused it to fall into neglect for a time. But the states which
adopted and then abandoned general prohibition fell back on the local
form, and a great many others have also adopted it. In 1907 it was in
force in over 30 states, including all the most populous and important,
with one or two exceptions. But the extent to which it is applied varies
very widely and is constantly changing, as different places take it up
and drop it again. Some alternate in an almost regular manner every two
or three years, or even every year; and periodical oscillations of a
general character occur in favour of the plan or against it as the
result of organized agitation followed by reaction. The wide
discrepancies between the practice of different states are shown by some
statistics collected in 1907, when the movement was running favourably
to the adoption of no licence. In Tennessee the whole state was under
prohibition with the exception of 5 municipalities; Arkansas, 56 out of
75 counties; Florida, 35 out of 46 counties; Mississippi, 56 out of 77
counties; North Carolina, 70 out of 97 counties; Vermont, 3 out of 6
cities and 208 out of 241 towns. These appear to be the most prohibitive
states, and they are all of a rural character. At the other end of the
Public-domain text, read in full here on John Shaqi.
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