Sober by Act of Parliament Part 9

The problem of licensing reform, as every one who has given it even the most cursory attention will readily admit, is by no means an easy one.

Whatever step may be proposed is certain to excite the opposition of many.

It is impossible for even the most astute statesman to formulate a plan that will receive the a.s.sent and approval of extremists of either school.

Almost every one, Liberal or Conservative, admits that the present state of affairs is wholly unsatisfactory, and that it demands immediate treatment. Under it we have a vastly excessive number of public-houses, a weak system of supervision, and an entire lack of local control. The publican who wishes to carry on his business decently and respectably often finds it impossible to do so without heavy pecuniary sacrifice, on account of his more unscrupulous licensed rivals, who are willing to descend to any tricks to increase their trade. The whole system of licensing is based on the personal caprices of individual magistrates rather than on any uniform plan.

For many years all these things have been admitted and deplored. For at least a quarter of a century statesmen have declared that the present state of the law is disgraceful, and cannot be permitted to longer continue. Yet it still remains the same.

Can nothing be done? Are the imagined interests of a small body of rich men to over-ride the welfare of the whole nation? It almost seems as though our legislators had resigned themselves to this. One thing at least is certain. No sweeping change has any hope, at least for the present, of coming into law. A drastic licensing Bill, into which one of the great political parties put all its strength, might pa.s.s the House of Commons, but would inevitably be defeated by the Lords. The body which rejected without a division the Bishop of London's Bill, and which mutilated the non-partisan Irish Sale of Intoxicating Liquors Bill, will show but little consideration for any thorough-going schemes. Reformers of one school reply: "Then let us abolish the House of Lords". This is very easy to say; but if we have to wait for licensing reform until the Lords are abolished, then there is not much hope for improvement in this generation. A more politic course would seem to be the carrying of temperance legislation by piecemeal. Little by little the law may be changed; glaring anomalies may be removed, manifest injustices altered, until at last, while our liquor laws will not be theoretically perfect, they may at least be made reasonably workable.

The following suggestions as to the lines which such alterations might take contain nothing that has not been approved by many members of Parliament of both parties.

1. It is generally admitted that there are far too many public-houses. No doubt it would be found very difficult to reduce the number of those already licensed, but there should be little trouble in preventing the issuance of new licences. Let it be enacted that in no case shall a person be permitted to apply for a public-house licence unless he has previously obtained the signatures of one half of the resident electors in the immediate neighbourhood to a pet.i.tion requesting such a licence. Even when such signatures have been obtained, the magistrates would still retain their option of refusal.

2. The second reform has already been before the House of Commons. Let every district have the option of Sunday closing, as provided in the _Liquor Traffic (Local Control) Bill_, 1893. To this might well be added the choice of keeping the houses open on Sundays for two hours only.

3. Let the appeal to Quarter Sessions in case of the refusal of the renewal of licences be abolished, except for manifest illegality on the part of the local licensing session. At present the licensing magistrates in many parts will not use their unquestioned power of refusing unnecessary licences, because they are aware that their decision is almost certain to be reversed at the Quarter Sessions. The county magistrates, knowing nothing of local needs, continually over-ride the deliberate judgment of the local justices.

4. Have a system of supervision of public-houses entirely independent of local control, as proposed by Mr. Bruce in 1871.

Those who have carefully watched the working of the present laws know that the police do no part of their work so inefficiently as the control of public-houses. This is due to two causes--bribery, and the power of the drink sellers in local government. The bribes received by the police are usually very small, and no doubt many constables look upon them as their regular perquisites. The man on the beat knows where he will find a pot of beer left out for him on a hot day; and he would be more than human if he did not look on the doings of the publican with a kindly eye after quenching his thirst with the publican's liquor. But this securing the good-will of the police is comparatively unimportant, and is practically incapable of legal proof. A far more serious thing is the influence steadily brought to bear on the police in many small munic.i.p.alities, to cause them to refrain from proceeding against certain public-houses. The munic.i.p.al police are solely dependent for pay and promotion on the Local Watch Committee and the Town Council. The Council is often largely controlled by the men who own the public-houses. Now the most obtuse policeman well understands that if he were to lay information against the manager of a house owned by a town councillor, or by the head of one of the local political a.s.sociations, it would make his prospects of advancement no brighter. He might be praised by the papers for his zeal; but when a chance of promotion came up, he would be pa.s.sed over for some one else.

This is no imaginary danger. Many who have tried to secure the better enforcement of licensing laws in towns know well that too often the police will not move further than they are compelled, and then they will do as little as is compatible with appearances.

If there were public-house inspectors entirely independent of local influence, and frequently moved from place to place, a great improvement in the management of many licensed premises would at once be apparent. The law-abiding publican would have a better chance of success, and would not be handicapped in the way he is at present.

5. Let all public-houses be closed on munic.i.p.al and parliamentary election days.

Other urgently needed reforms, such as the control of clubs, and the abolition of tied houses, have been described in preceding chapters, and need not be recapitulated here.

I feel that I would be untrue to my own convictions if I closed this volume without a final word to those who have followed me so far. I have tried to treat the subject calmly and dispa.s.sionately; and zealous reformers may possibly complain (as some have already complained of those parts published in periodical form) that my tone is cold and unsympathetic. I can only a.s.sure them that it is from no lack of earnest desire to promote true temperance. But the cause of reform will not be advanced by special pleading, or by that impetuous enthusiasm which leads men to overlook facts in order to give a reasonable air to their theories. The first work of a reformer should be to master his facts, and to discover what lessons the experiments and the mistakes of those who have preceded him can teach.

We are often told that it is impossible to make men sober by Act of Parliament; and no doubt all legislation that seeks to suppress evil has to fight against strong opposition. But do those who so lightly quote this empty aphorism ever seriously resolve to persuade men to be sober by other means? or are they content to let a smart phrase run glibly from their lips as an excuse for doing nothing? To-day we are face to face with a gigantic evil that is destroying much that is brightest and fairest in our national life. To all who have any notion of patriotism, to all who have any real desire for the welfare of the people, and especially to all to whom the commands of the Carpenter of Nazareth are something more than mere words,--the call comes to take their part in the battle for its suppression. How are we to work, each man must decide for himself; but none of us can shirk the manifest duty of doing something, and of doing our best, without wrong.

It is admitted that Acts of Parliament can help in promoting sobriety only so far as they are backed up by a strong public sentiment, and by the earnest endeavours of the people. Legislation can remove temptation, it can make virtue easier; but it cannot do everything. Along with it must go steady work for the brightening of every-day life, for the easing of conditions of labour, for improving the dwellings of the poor, for raising the moral tone, for the realisation by all of the sacredness of this life, and the need to make the most of its opportunities.

As we survey the forces against us in this fight, we may sometimes be inclined to despair of its issue. On the side of intemperance and self-indulgence are great resources of wealth, power, self-interest, and unscrupulousness. Shall we conquer, or is the wrong to triumph over us?

The words of a great thinker, written on another subject, best give the answer: "The ultimate issue of the struggle is certain. If any one doubts the general preponderance of good over evil in human nature, he has only to study the history of moral crusades. The enthusiastic energy and self-devotion with which a great moral cause inspires its soldiers always have prevailed, and always will prevail, over any amount of self-interest or material power arrayed on the other side."[10]

APPENDIX I.

THE CONDITION OF WORKING MEN IN MAINE.

The _Fifth Annual Report of the Bureau of Industrial and Labour Statistics for Maine_ (Augusta, 1892) gives a set of very full returns from which it is possible to ascertain the exact position of working men under prohibition. A personal canva.s.s was made of working men of all cla.s.ses, the unskilled and lower paid, as well as the best and highest paid. s.p.a.ce will not permit me to quote more than a brief _resume_.

"The following is a general summary of some of the more important statistics derived from the reports of working men. Whole number of reports, 1082; number American born, 895; number foreign born, 187; number owning homes, 285; value of homes, 405,850 dollars; number of homes mortgaged, 60; amount of mortgages, 26,169 dollars; number renting, 481; number having savings bank accounts, 181; number who have acc.u.mulated savings in former years, 696; during past year, 595; run into debt during past year, 104; neither gained nor lost during past year, 383."

Of 745 men with families, the average annual income was 527 dollars 1 cent per family yearly. The average annual income of 265 single working men was 395 dollars 1 cent, and of 53 single working women, 259 dollars 64 cents.

The amounts saved from income averaged, men with families, 12 per cent., single men, 17 per cent., and single women, 9 per cent.

APPENDIX II.

THE GIN ACT, 1736.

Whereas the excessive drinking of spirituous liquors by the common people tends not only to the destruction of their health, and the debauching of their morals, but to public ruin:

For remedy thereof--

Be it enacted, that from the 29th September no person shall presume, by themselves or any others employed by them, to sell or retail any brandy, rum, arrack, usquebaugh, geneva, aqua vitae, or any other distilled spirituous liquors, mixed or unmixed, in any less quant.i.ty than two gallons, without first taking out a licence for that purpose within ten days at least before they sell or retail the same; for which they shall pay down 50, to be renewed ten days before the year expires, paying the like sum; and in case of neglect to forfeit 100; such licences to be taken out within the limits of the penny post at the chief office of excise, London, and at the next chief office of excise for the country.

And be it enacted, that for all such spirituous liquors as any retailers shall be possessed of on or after the 29th September, 1736, there shall be paid a duty of 20s. per gallon, and so on in proportion for a greater or lesser quant.i.ty above all other duties charged on the same.

The collecting the rates by this Act imposed to be under the management of the commissioners and officers of excise by all the excise laws now in force (except otherwise provided by this Act); and all monies arising by the said duties or licences for sale thereof shall be paid into the receipt of his majesty's exchequer, distinctly from other branches of the public revenue; one moiety of the fines, penalties and forfeitures to be paid to his majesty and successors, the other to the person who shall inform on any one for the same.

Footnotes:

[1] _A Report on Marriage and Divorce in the United States_, by Carroll D.

Wright, Commission of Labour. Revised edition, Washington, 1891.

[2] Mr. C. W. Jones, Inspector of Prisons and Gaols, Maine, to whom I am indebted for these figures, adds that the increase in commitments in recent years "is not because those crimes are on the increase, but because of the better enforcement of our laws relating to those crimes".

[3] _The Report of Commissioner of Internal Revenue_, pp. 314-319.

Washington, 1892. There are no returns available for any year after 1887, as since then Maine has ceased to be reckoned as a separate district for revenue purposes.

[4] For many of these particulars about the condition of affairs in Iowa in 1893 I am indebted to the _Toronto Globe_ for November and December, 1893. This journal, with enterprise that is deserving of all commendation, sent two representatives, one an avowed prohibitionist and the other opposed to prohibition, to Iowa and Kansas, in order to gather full particulars of the results obtained from the liquor laws there. The two commissioners, Messrs. J. E. Atkinson and J. A. Ewan, performed their mission excellently, and their reports are of more than temporary value. I may, however, add that I have by no means solely depended on the reports of these gentlemen in ascertaining the condition of Iowa. Other accounts, from varied sources, all tend to show the disgraceful and deplorable condition of this State under the law that failed.

[5] This statement was made before the Royal Commission on the Liquor Traffic. At the time of writing this, the official reports of the evidence given before the Commission are not yet issued; consequently, I am obliged to rely on the somewhat abridged accounts given in the Canadian daily papers.

[6] _Montreal Daily Star_, 29th December, 1893.

[7] _Victorian Alliance Annual_ for 1890, Melbourne.

[8] This translation is taken from the Special Report of the United States Commissioner of Labour on _The Gothenburg System of Liquor Traffic_, Washington, 1893. I would here acknowledge my very deep indebtedness to this volume for many of the statistics contained in this chapter. Dr.

Gould's work is unquestionably the fullest and most accurate book on the subject in the English language, or, as far as I am aware, in any other.

[9] It is well known that the number of arrests for drunkenness is no adequate guide to the amount of intoxication. Speaking in the House of Commons, 13th March, 1877, on this point, Mr. Chamberlain said: "I have come to the conclusion that for our purpose police statistics are no good at all. As an evidence of this I will mention something with which I am acquainted in Birmingham. On a certain Sat.u.r.day the number of persons arrested for drunkenness and brought before the magistrates was said to be 29--that was the total number of drunken cases credited, or rather, as I should say, debited to the town, according to the police statistics.

During three hours of that same Sat.u.r.day night, thirty-five houses in different parts of the town, beer houses, spirit shops and shops of other descriptions, were watched by different persons appointed for the purpose; and these persons reported that during those three hours 9159 males and 5006 females came out of those shops; and, out of these numbers, of the male persons there were 622 drunk, and 176 females in the same state.