Sober by Act of ParliamentMcKenzie, Fred A. (Fred Arthur)
History
Sober by Act of Parliament
McKenzie, Fred A. (Fred Arthur)
Drinking of alcoholic beverages; License system -- Great Britain; Prohibition -- United States; Temperance
It was fully understood at this election that the Republicans would now
advocate some modification of the law, and on this understanding their
candidate for Governorship was returned to office by a large majority. The
newly elected Governor, the Hon. F. D. Jackson, dealt with the question at
some length in his inaugural address. "A trial of ten years has
demonstrated," he said, "that in many counties it (prohibition) has fully
met the expectation of its friends, having successfully driven the saloon
system out of existence in those counties. While this is true, there are
other localities where open saloons have existed during this period of
time in spite of the law, and in spite of the most determined efforts to
close them. In such localities the open saloon exists without restraint or
control, a constant menace to the peace and safety of the public. From
these localities there is an earnest demand for relief--a demand not from
the law-defying saloon sympathiser, but from the best business
element--from the best moral sentiment of such communities--from the
churches and from the pulpit. While the present prohibitive principle,
which is so satisfactory to many counties and communities of our State,
should remain in force, wisdom, justice and the interests of temperance
and morality demand that a modification of this law should be made
applicable to those communities where the saloon exists, to the end of
reducing the evils of the liquor traffic to the minimum."
A measure for the semi-legislation of saloons had been brought forward in
1893. The malcontents did not ask for the total repeal of the law, but
they demanded that, in localities where prohibition had notoriously
failed, some other measures should be tried. At the end of March, 1894, a
"mulct-tax" Bill was carried in the House of Representatives, and sent on
at once to the Senate, where it was "railroaded" through without debate.
Early in April it received the sanction of the Governor and became law.
This measure is not a licensing law, and does not (nominally) license the
saloon; but it provides that, on the payment by a saloon-keeper of a
special tax, and on the observance of certain conditions, he shall not be
liable to punishment for breaking the prohibitory law. This sounds
somewhat strange to those of us who still retain old-fashioned opinions
about the necessity for enforcing all laws or repealing them. Clause 16 of
the "mulct" Act is surely a curiosity among illogical compromises:
"Nothing in this Act contained shall in any way be construed to mean that
the business of the sale of intoxicating liquors is in any way legalised,
nor is the same to be construed in any manner or form as a licence, nor
shall the assessment or payment of any tax for the sale of liquors as
aforesaid protect the wrong-doer from any penalties now provided by law,
except that on conditions hereinafter provided certain penalties may be
suspended".
Public-domain text, read in full here on John Shaqi.
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