Popular Law-making: A study of the origin, history, and present tendencies of law-making by statuteStimson, Frederic Jesup
History
Popular Law-making: A study of the origin, history, and present tendencies of law-making by statute
Stimson, Frederic Jesup
Legislation -- United States
The regulation of the liquor traffic is, perhaps, after the labor
question, the most universal subject of legislation in occidental
nations. Experts on the matter tell us (E.L. Fanshawe, "Liquor
Legislation in the United States and Canada," Report to Parliament,
1892) that there have hitherto been but three, or possibly four,
inventions--universal or State-wide prohibition, local option,
license, high or low, and State administration. The last was recently
tried in South Carolina with more or less success. Prohibition by
a general law does not seem to be effective; local option, on the
contrary, does seem to be so. But the general consensus of opinion,
to which Mr. Fanshawe comes, and which seems still to be held by most
intelligent American publicists, is that on the whole high license
works best, and this the women themselves have just voted in Denver;
not only because it actually prohibits to a certain extent, but it
regulates and polices the traffic, prevents the sale of adulterated
liquor, and to a considerable extent the grosser disorders and
political dangers that attend the bar-room. On the other hand, the
power of licensing should never be granted to any political body,
but should be granted under fixed rules (determined by geographical
position and the local opposition or desire) by the local government.
These rules should not be arbitrary, and the person applying for
license should have the right to appeal to some court.
Matters of bribery and political corruption have been somewhat
anticipated under Chapter 14. Suffice it here to say that the States
very generally have been adopting statutes making bribery criminal and
a cause of permanent disqualification from all political right, either
voting or holding office, and this applies both to the person bribing
and the person receiving the bribe. Bribery by offers or promise
of employment is a far more difficult matter, but this matter also
certain States have sought to regulate.
There are, of course, thousands and thousands of city ordinances
relating to the criminal law, but usually to minor offences or matters
of police regulation. Undoubtedly the duplication of them tends to
make us not a law-abiding community. It was the present Boston police
commissioner who complained that there were more than eleven thousand
ordinances in Boston, which everybody was supposed to know. We must
let the whole matter go by saying that there is a general attempt at
universal police regulation of all the actions of life, at least
such as are conducted outside of a man's own house. Sunday laws,
Sabbatarian legislation, have, of course, very largely been abandoned,
except when restored in the interest, or supposed interest, of labor.
In the State of New York, for instance, barbers could only shave on
Sunday in the city of New York and the town of Saratoga; the reasons
for the exception are obvious.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account