{"1": {"fulltext": "", "height": "4124", "width": "2728", "jp2-path": "saloonnuisanceli00dill_0001.jp2"}, "2": {"fulltext": "LIBRARY OF CONGRESS.\\nChap. Copyright So.\\nSheli V.5.0J3\\nUNITED STATES OF AMERICA.", "height": "3750", "width": "2454", "jp2-path": "saloonnuisanceli00dill_0002.jp2"}, "3": {"fulltext": "", "height": "3750", "width": "2454", "jp2-path": "saloonnuisanceli00dill_0003.jp2"}, "4": {"fulltext": "", "height": "3750", "width": "2454", "jp2-path": "saloonnuisanceli00dill_0004.jp2"}, "5": {"fulltext": "JAMES RENWICK DILL.", "height": "4112", "width": "2616", "jp2-path": "saloonnuisanceli00dill_0005.jp2"}, "6": {"fulltext": "", "height": "3750", "width": "2454", "jp2-path": "saloonnuisanceli00dill_0006.jp2"}, "7": {"fulltext": "THE\\nSaloon a Nuisance\\nAND\\nLicense Unconstitutional\\nTHE AUTHOR\\nOF\\nTHE REFORM INSTITUTE\\nIN\\nCHRISTIAN CITIZENSHIP\\n1900", "height": "3750", "width": "2454", "jp2-path": "saloonnuisanceli00dill_0007.jp2"}, "8": {"fulltext": "TWO COPIES RECEIVED,\\nLibrary of Cenge M\\nMfil-1900\\n\u00c2\u00ab\u00c2\u00bbfl\u00c2\u00abtor of Copyright*\\n55861\\nDedicated to the Cause\\nof\\nPROHIBITION.\\na coho L*i.\\nCopyright, 1899\\nby\\nJ. K. DILL", "height": "3750", "width": "2454", "jp2-path": "saloonnuisanceli00dill_0008.jp2"}, "9": {"fulltext": "-HHh^\\nXJT HIS little volume is designed to be a steno-\\ngraphic report of the proceedings of a\\npresumable case in the United States\\nSupreme Court, in which the traffic in intoxi-\\ncating drink receives the death-blow. The scene\\ncarries us into the future, and may be regarded\\nas prophetical of that which must shortly come\\nto pass.", "height": "3750", "width": "2454", "jp2-path": "saloonnuisanceli00dill_0009.jp2"}, "10": {"fulltext": "-r~H\\nH r\\nH-+\\n-f+\\n+-H\\n-4-4!\\n.NATIONAU^\\nPERSONAL +T INTEREST\\nDEMANDS\\no\\nO\\nCD\\nco\\nCO\\ne\\no\\nCD\\nt-i\\nABSOLUTE\\nI MEDIATE\\nAND\\nUHGONDlTIOJlfllt\\n\u00c2\u00bbs\\nW\\\\\\n*0\\nCJ\\n^a\\nEJ\\no\\ncu\\nQ3\\nhH\\nM\\n.2\\nCO\\no\\no\\nCD\\nPROHIBITION\\n\u00c2\u00abs\\nHI\\n\u00c2\u00bbs\\nO\\no\\nH*\\nCO\\n^i\\nz=\\nS3\\n\u00e2\u0080\u00a2-D\\n3C\\nEC\\n\u00e2\u0096\u00a0ccr\\nflGGORDflrlCE\\nWITH THE\\nBIBLE\\nAND THE\\nPREAMBLE\\ntq\\nto\\nOF\\nTHE\\nUU\\nGet\\nCO\\n11 CONSTITUTION.\\n_^", "height": "3888", "width": "2681", "jp2-path": "saloonnuisanceli00dill_0010.jp2"}, "11": {"fulltext": "The Diagram.\\nThat the Traffic in intoxicating drinks should\\nbe abolished, is not a question with intelligent\\npeople.\\nThat this Traffic will be eliminated from society\\nis not a question w 7 ith those w 7 ho have faith in\\nGod and believe His Word.\\nThe Nation cannot enjoy true prosperity as long\\nas the saloon taps the resources of her w r ealth and\\nsaps the virtues of her manhood.\\nThe Home is defenceless against merciless\\nwrongs and greatest griefs, w T hile this unholy\\ntrade flings its shadow over the threshold of the\\nfamily.\\nPersonal honor is imperiled, character is men-\\naced, purity is treading on the edge of mire,\\nw 7 here the Bar offers its inducements to the appe-\\ntite.\\nThe claims of Prohibition are sustained by the\\nspirit of the Preamble of the United States Con-\\nstitution, as the clauses all join in a grand chorus,\\npleading for the welfare of the Nation.\\nThe Constitution, when squared w T ith the\\nDivine Law, and guarding all the interests of\\nman, will give expression against this trade,\\nwhich is the Nation s curse and the world s blot.", "height": "3750", "width": "2454", "jp2-path": "saloonnuisanceli00dill_0011.jp2"}, "12": {"fulltext": "Bible studies\\nON\\nProhibition.\\nThe sorrows of the drunkard. Prove? r bs 23\\n20-35-\\nThe vain attempt to make the drink trade right\\nby Law. Isaiah 5 18-25.\\nWoes pronounced upon those who revel in\\nHigh License. Isaiah 28 1-15.\\nThe drunkard s doom. Galatians 5 19-21.\\nA woe for the man who treats his fellow to\\nstrong drink. Habakknk 2 15-17.\\nThe Divine cure for drunkenness. Ephesians\\n5 1 1-2 1.\\nTemperance habits give beaut}^ and strength to\\ncharacter. Daniel 1 8-21.\\nThe duty of the Church to keep herself sepa-\\nrate to have no complicity with, or responsibility\\nfor, the unclean thing. II Corinthians 6 1^-18.\\nThe duty of the State to suppress the Trade in\\nintoxicants. Romayis 13 3-6.\\nThe Triumph of Prohibition principles assured.\\nIsaiah 11 1-10.", "height": "3750", "width": "2454", "jp2-path": "saloonnuisanceli00dill_0012.jp2"}, "13": {"fulltext": "The Saloon a Nuisance\\nAND\\nLicense Unconstitutional*\\n10\u00e2\u0084\u00a2 t r*\\nThe Saloon a fiuisanee.\\nWhen God speaks, let all the earth keep silent\\nbefore Him. His judgments are perfect and He\\nmakes no mistakes. Every interest of His King-\\ndom must remain permanently secure even when\\nHis providences relating thereto are passive. His\\nenemies may indeed protest, but it will not effect\\nthe execution of His purpose. When in course of\\nhuman events, He demonstrates His will, the\\nacquiescent faith of His children should lead\\nthem to say, l Amen, so it shall be.\\nFor many generations the liquor traffic had\\nbeen insidiously and aggressively establishing\\nitself, until it became so interwoven with the\\nusages and customs of the people, that it was\\ngenerally regarded as a necessary and component\\npart of the very fabric of our civilization. When\\nthe supreme moment arrived, and the chief tri-\\nbunal of our country with unanimous decision\\ndeclared the saloon to be a nuisance and license", "height": "3750", "width": "2454", "jp2-path": "saloonnuisanceli00dill_0013.jp2"}, "14": {"fulltext": "THE SALOON A NUISANCE\\nunconstitutional, the announcement fell upon the\\nears of astonished millions like a thunder-clap\\nfrom a clear sky. It is our purpose to call atten-\\ntion to the novel procedure of the case in its last\\nhearing, which resulted in the complete overthrow\\nof the liquor traffic. We are confident that our\\nreaders in the perusal of the following pages, will\\nacquiesce in the decision that the saloon was a\\npublic nuisance, both in the legal and moral sense,\\nand that its license was unconstitutional.\\nR Public Nuisance Defined.\\nA public nuisance may exist either in a legal\\nor a moral sense. A public nuisance in a legal\\nsense is, that which annoys, offends and incon-\\nveniences any great number of persons in a\\nlocality or, that which tends to damage the\\nhealth, the industrial life, or the property of any\\ngreat number of persons in a locality. A public\\nnuisance in a moral sense is, that which tends\\nto corrupt the morals of any great number of\\npersons in a locality. If we be able to establish\\nthe fact, that the licensed saloon thus damaged\\ngreat numbers of persons in localities, we shall\\nhave succeeded in establishing our first proposi-\\ntion.\\nThe case which our narrative unfolds was\\nconcluded (let us assume) December 20th, 19 19,", "height": "3750", "width": "2454", "jp2-path": "saloonnuisanceli00dill_0014.jp2"}, "15": {"fulltext": "AND LICENSE UNCONSTITUTIONAL.\\nand the unanimous decision of the Supreme Court\\nwas published January ist, 1920. The following\\npurports to be the report of the proceedings as\\nrecorded by the chief clerk. The report naturally\\ndivides itself into sections.\\nSECTION I.\\nChange of the Chief Justice.\\nThe Supreme Court will require you, the chief\\nadvocate of license and leading witness in the\\ndefense, to answer all proper questions propounded\\nby the prosecuting attorney to the extent of your\\nability. You should be able to make known to\\nthe court, the reasons why the many limitations\\nand prohibitory restrictions have been placed in\\nthe text of the various license measures by the\\nfriends and promoters of license. The cross-\\nexamination should result in the perfect dissecting\\nof the license measures, exposing to public view\\nthe real reason for each restriction. The novelty\\nof the case before us has led the court to the con-\\nclusion to try the case all over again, according\\nto the method of the lower courts, instead of con-\\nducting the same directly from the brief by which\\nthe case was conveyed to us. When the case is\\nfinished, we will be able to prepare and hand\\ndown a just and equitable decision. The Prose-\\ncuting Attorney will now proceed to re-conduct\\nthe cross-examination.", "height": "3750", "width": "2454", "jp2-path": "saloonnuisanceli00dill_0015.jp2"}, "16": {"fulltext": "8 THE SALQQN A X USANCE\\nSECTION II.\\nCross-Examination.\\nProsecuting Attorney. What parties, in\\ntheir national organizations, have persistently\\ncontinued to license the liquor traffic\\nAdvocate of License. The Republican and\\nDemocratic parties.\\nP. A. Who encouraged said parties to cling to\\nthe license policy\\nA. of Iy. Saloon-keepers, gamblers, operators\\nof brothels, anarchists, and many professing\\nChristians.\\nP. A. How did the classes enumerated encour-\\nage the parties named in such iniquity\\nA. of L. By their influence and their ballots.\\nP. A. How did the two great parties always\\nspeak in reference to the principle of prohibition\\nA. of L. They denounced the principle of\\nprohibition as, sumptuary legislation, and\\nunjust interference with men s liberty.\\nP. A. How did they speak in reference to the\\nprinciple of license\\nA. of Iy. They upheld the principle of license\\nas opposition to sumptuary legislation, and as\\nall-wise, wholesome and well-directed temper-\\nance measures.", "height": "3750", "width": "2454", "jp2-path": "saloonnuisanceli00dill_0016.jp2"}, "17": {"fulltext": "AND LICENSE UNCONSTITUTIONAL.\\nP. A. What did prohibitionists purpose doing\\nwith the saloon\\nA. of L. They pledged themselves to destroy\\nthe saloon, claiming for their encouragement\\nthat God is pledged to destroy the works of the\\ndevil.\\nP. A. Why did the general government con-\\ntinue to encourage the extensive manufacture and\\nsale of intoxicating liquor as a beverage\\nA. of L. Because it was made senior partner\\nin the business, and received part of the profits in\\nan internal revenue.\\nP. A. Why did the several States continue to\\nfavor the license policy\\nA. of L,. Iyike the general government, they\\nalso became partners in the business, and received\\na part of the profits.\\nP. A. Why did the municipalities favor the\\nmultiplication of saloons\\nA. of L,. The municipalities received a large\\nrevenue from each saloon, and the more saloons,\\nthe greater their share of the profits.\\nP. A. Why did saloon-keepers, gamblers,\\noperators of brothels, anarchists, and many pro-\\nfessing Christians, in the joint use of the ballot,\\ncontinue to support license and license parties\\nA. of Iy. The classes mentioned knew that\\ntheir various occupations could grow and flourish\\nonly through the use of intoxicating drinks.", "height": "3750", "width": "2454", "jp2-path": "saloonnuisanceli00dill_0017.jp2"}, "18": {"fulltext": "10 THE SALOON A NUISANCE\\nMoreover, many professing Christians tried to\\npersuade themselves that the saloon could never\\nbe destroyed that the prohibitory or restrictive\\nfeatures of the license measures had rendered the\\nbusiness respectable and that the revenue derived\\nfrom the business had lessened their taxes.\\nP. A. Who is permitted to engage in the\\nretail liquor business, under the so-called statutes,\\nostensibly enacted for the regulation of the traffic\\nA. of ly. The statutes enacted for the regulat-\\ning of the retail liquor traffic, expressly require\\nthat persons of good moral character only be\\npermitted to operate the licensed saloons.\\nP. A. How do the friends of license assure the\\npeople of any locality that such is the character\\nof the applicant\\nA. of L,. The statutes require that the good\\nmoral character of the applicant shall be attested\\nby the testimony of two good freeholders, each\\nworth, at least, two thousand dollars.\\nP. A. Do the friends and promotors of license\\nfollow a similar method, in an attempt to satisfy\\nthe citizens of a locality, as to the good moral\\ncharacter of persons engaging in other lines of\\nbusiness\\nA. of L,. I never heard of such a thing.\\nP. A. For what purpose is the license granted", "height": "3750", "width": "2454", "jp2-path": "saloonnuisanceli00dill_0018.jp2"}, "19": {"fulltext": "AND LICEXSE UNCONSTITUTIONAL. 11\\nA. of L. It authorizes the applicant to sell\\nintoxicating liquor, at retail, as a beverage.\\nP. A. Is the retail liquor traffic a legitimate\\nbusiness when licensed\\nA. of L. I think it is quite generally so\\nregarded.\\nP. A. Is it lawful for a person to engage in\\nthe retail liquor traffic, without first securing a\\nlicense from the State or municipality\\nA. of L,. I think not.\\nP. A. Is it lawful for a person to engage in\\nthe retail meat business, without first securing a\\nlicense from the State or municipality\\nA. ofL. Certainly it is but the retail liquor\\ntraffic is not like any other business.\\nP. A. How are retail liquor houses that pre-\\nsume to sell without license designated\\nA. of L. They are familiarly spoken of as\\n4 speak-easies, joints, M holes-in-the-wall,\\netc.; whilst individuals, who, in a still more\\nsecret way, smuggle the beverage, are often\\ncalled boot-leggers.\\nP. A. Would it be appropriate, for the friends\\nand promoters of license, to designate other kinds\\nof business by similar names, when the operators\\nthereof presume to sell without license\\nA. of L. I think not; but I believe every\\nperson is familiar with the fact that the retail\\nliquor traffic is not like any other business.", "height": "3750", "width": "2454", "jp2-path": "saloonnuisanceli00dill_0019.jp2"}, "20": {"fulltext": "12 THE SALOON A NUISANCE\\nP. A. Why do the friends and promoters of\\nlicense, by explicit restrictions, which they have\\nplaced in the text of the measures enacted for the\\nregulating of the retail liquor traffic, prohibit the\\nsaloon from locating nearer than two hundred,\\nthree hundred, or four hundred feet from a church\\nor school in cities, or within one half-mile of the\\nsame in country places\\nA. of L. I presume the restrictions referred to\\nwere placed in the text of the laws to prevent the\\nsaloon from becoming a source of annoyance,\\noffense, or inconvenience to the church or school.\\nP. A. Do you consider the word nuisance\\nan equivalent for the following phrase that\\nwhich annoys, offends, and inconveniences\\npeople\\nA. of L. I humbly beg the court not to press\\nthat question.\\nChief Justice. The question is relevant, and\\nthe prosecuting attorney is at liberty to repeat\\nthe same.\\nP. A. Do you regard the word nuisance\\nas an equivalent for the phrase, that which\\nannoys, offends, and inconveniences people\\nA. ofL. I do.\\nP. A. Do the friends and promoters of license\\ndesignate a grocery store by such a term, when it\\nis located nearer than two hundred, three hundred,", "height": "3750", "width": "2454", "jp2-path": "saloonnuisanceli00dill_0020.jp2"}, "21": {"fulltext": "AND LICENSE UNCONSTITUTIONAL. 13\\nor four hundred feet from a church or school in\\ncities, or nearer than one-half mile from the same\\nin country places\\nA. of L. They do not. They call it a grocery\\nstore. It is always a grocery store, no matter\\nwhere it be located.\\nP. A. Will you please inform the court why\\nthe unlicensed grocery store does not become a\\npublic nuisance, when located within any of the\\nprescribed distances from a church or school\\nA. of L. Because the grocery store does not\\nannoy, offend, and inconvenience people. But\\nI wish to emphasize the fact that the saloon is\\nnot like any other business. This being once\\nrightly understood, to my mind, would seem to\\njustify special and peculiar legislation for the\\nregulating of the saloon, both as to location and\\nthe manner of operating the same.\\nP. A. Does the licensed saloon cease to\\nannoy, offend, and inconvenience people, when\\nlocated outside any one of the prescribed distances\\nfrom a church or school\\nA. of L. Not exactly but the licensed saloon\\nis permitted to locate outside certain of the\\nprescribed distances from a church or school, by\\nthe consent of a majority of the freeholders on\\nboth sides of the street.\\nP. A. Does such action on the part of the\\nfreeholders relieve the situation", "height": "3750", "width": "2454", "jp2-path": "saloonnuisanceli00dill_0021.jp2"}, "22": {"fulltext": "14 THE SALOON A NUISANCE\\nA. of I y I do not see that it does.\\nP. A. Our attention was directed a short time\\nago to the matter of speak-easies. How do the\\nproprietors of speak-easies usually operate their\\nbusiness\\nA. of L. With as much precaution as that\\nwith which horse-thieves steal horses.\\nP. A. Why do States and municipalities pro-\\nhibit the operators of speak-easies from selling\\nintoxicating liquor as a beverage\\nA. of L. Because the operators of speak-easies\\nare unwilling to receive the general government,\\nthe State and the municipality into partnership,\\nand to share with them the profits.\\nP. A. What would you advise the State to do\\nwith the operators of speak-easies\\nA. of Iy. Denounce them as anarchists, and\\ndisfranchise them forever.\\nP. A. Wherein do licensed saloons differ from\\nunlicensed saloons, which are commonly called\\nspeak-easies\\nA. of L. The proprietor of the licensed saloon\\nreceives the general government, the State and\\nmunicipality into partnership, inasmuch as they\\nare made to share in the profits while the pro-\\nprietor of the speak-easy appropriates all the\\nprofits unto himself.\\nP. A. What is the difference between speak-\\neasy whiskey and licensed rum, as to their effects", "height": "3750", "width": "2454", "jp2-path": "saloonnuisanceli00dill_0022.jp2"}, "23": {"fulltext": "RND LICENSE UNCONSTITUTIONAL. 15\\nA. of Iy. They are both alike, as to their\\neffects.\\nP. A. Is the proprietor of the licensed saloon\\npermitted to sell to every person, when his place\\nof business is located at the proper distance from\\na church or school\\nA. of Iv. He is not.\\nP. A. To whom is he permitted to sell, and\\nfor what portion of the year\\nA. of L. To compas mentis seniors only and\\nthree hundred and twelve days in the year only\\nand while they are occasional or frequent drinkers\\nonly. When they become habitual drunkards,\\nthe bartender is permitted to sell to them no\\nlonger.\\nP. A. To what particular classes of persons\\nare saloon-keepers prohibited from selling and\\nfor what portion of the year are the prohibitory\\nrestrictions operative.\\nA. of Iy. Saloon-keepers are prohibited from\\nselling to idiots, insane persons, Indians, minors,\\nand habitual drunkards. The prohibitory restric-\\ntions relating to these classes cover the entire\\nyear.\\nP. A. Are the above restrictions, relating to\\nthe classes enumerated, not equivalent to that\\npeculiar form of legislation, which the friends and\\npromotors of license denounce as, Kansas pro-", "height": "3750", "width": "2454", "jp2-path": "saloonnuisanceli00dill_0023.jp2"}, "24": {"fulltext": "16 THE SA LOON A Nl ISA NCE\\nhibition, sumptuary legislation, and unjust\\ninterference with men s liberty\\nA. of Iv. I presume it is.\\nP. A. Who then are its authors\\nA. of L. All those persons in the State and\\nnation who in any way participate in the enact-\\nment of the license measures.\\nP. A. If the restrictive features of the license\\nmeasures, relating to certain classes all the year,\\nand to the rest of mankind a creditable part of the\\nyear, be strictly enforced, does it not actually\\ncommit the friends of license to the principle of\\nprohibition, which they habitually denounce as\\nsumptuary legislation, and unjust interfer-\\nence with men s liberty.\\nA. of L. I must confess it does. But it seems\\nto me that the restrictive features of the license\\nmeasures w r ere embodied in the text of the law\\nmerely for political effect. The operators of the\\nsaloons have come to feel that the prohibitory\\nrestrictions were never designed to be strictly\\nenforced. Our shrewd politicians may have\\nintended the prohibitory restrictions of the license\\nmeasures as an opiate for Christian consciences,\\nto hold them in allegiance to the dominant license\\nparties, rather than for the protection of the above-\\nnamed classes.\\nP. A. Is it true, then, that the friends and", "height": "3750", "width": "2454", "jp2-path": "saloonnuisanceli00dill_0024.jp2"}, "25": {"fulltext": "AND LICENSE UNCONSTITUTIONAL. 17\\npromoters of license, who all the time claim to\\nstand in opposition to the principle of prohibition,\\nwhich they bitterly denounce as sumptuary\\nlegislation, and unjust interference with men s\\nliberty, have actually adopted the principle of\\nprohibition sumptuary legislation, and un-\\njust interference with men s liberty for the\\nprotection of certain classes of persons covering\\nthe entire year, and for all the rest of mankind a\\ncreditable part of the year\\nA. of L. Ostensibly it is true but as I have\\nalready stated, I am of the opinion that the\\nrestrictive or prohibitory features of the license\\nmeasures were intended more as an opiate for\\nChristian consciences, than as a means for the\\nprotection of the classes named. The question as\\nit is put, however, seems strange to an advocate\\nof license. I never heard it stated that way\\nbefore.\\nP. A. How do the friends of license make\\nknown their desire for this peculiar form of legis-\\nlation\\nA. of L. By explicit prohibitory restrictions,\\nwhich they have placed in the text of the various\\nlicense measures.\\nP. A. Will you please inform the court, in a\\nclearer light, if possible, how the friends and\\npromoters of license speak in reference to the", "height": "3750", "width": "2454", "jp2-path": "saloonnuisanceli00dill_0025.jp2"}, "26": {"fulltext": "18 THE SALOON A NUISANCE\\nmeasures which they have enacted for the regulat-\\ning of the retail liquor traffic\\nA. of L. The enactments which they have\\nchosen for the regulating of the retail liquor\\ntraffic are continually spoken of as, opposition\\nto sumptuary legislation, all-wise, wholesome\\nand well-directed temperance measures, etc.\\nP. A. If we accept these definitions as correct,\\nare we not justifiable then in asserting that the\\nfriends of license approve of that which they are\\naccustomed to denounce as sumptuary legisla-\\ntion, and unjust interference with men s\\nliberty, as of paramount importance for the pro-\\ntection of certain classes covering the entire year,\\nand for the protection of all the people a credit-\\nable part of the year\\nA. of L. Presented in the light in which you\\nhave placed the matter, I presume we would be\\njustifiable in arriving at such a conclusion. It\\nforms a strange anomaly, at least, which I confess\\nI am unable to explain.\\nP. A. I will now ask you to tell the court the\\nreal reasons why the friends of license have\\nenacted prohibition sumptuary legislation,\\nunjust interference with men s liberty for\\ncertain classes all the year, and for all the people\\na creditable part of the }^ear\\nA. of Iy. We may assume for their protection.", "height": "3750", "width": "2454", "jp2-path": "saloonnuisanceli00dill_0026.jp2"}, "27": {"fulltext": "AND LICENSE UNCONSTITUTIONAL. 19\\nP. A. Whom do they thus protect first of all?\\nA. of L. The idiot. There is an explicit pro-\\nhibitory restriction in the text of the various\\nlicense measures, forbidding the retail liquor men\\nto sell to the idiot. This commendable restriction\\ncovers the entire year.\\nP. A. Who is an idiot?\\nA. of L. The born fool.\\nP. A. Is it true then that the friends and\\npromoters of license have adopted the principle of\\nprohibition, which they denounce as sumptuary\\nlegislation, and unjust interference with men s\\nliberty, for the protection of the idiot, covering\\nthe entire year\\nA. of L. It is true.\\nP. A. What reason could the friends and\\npromoters of license have had in mind for resort-\\ning to such legislation for the idiot\\nA. of L. They must have had in mind the\\nfact that the idiot or born fool is a feeble-minded\\nperson, and is in such constant need of a custodian,\\nthat the principle of prohibition is better suited to\\nprotect him than the principle of license.\\nP. A. Would it not be well to prohibit other\\nbusiness men from selling to the idiot Why not\\nenact a uniform law, prohibiting persons from\\nselling meat, sugar, or clothing and other kinds\\nof merchandise to the idiot or born fool", "height": "3750", "width": "2454", "jp2-path": "saloonnuisanceli00dill_0027.jp2"}, "28": {"fulltext": "20 THE SALOOX A XUISAXCE\\nA. of L,. I am under the necessity of answer-\\ning this question by repeating my answer to a\\nformer question. It is not necessary to prohibit\\npersons in all lines of business from selling to the\\nidiot, for the reason that the retail liquor traffic is\\nnot like any other business.\\nP. A. Why do the friends and promoters of\\nlicense first openly declare themselves in opposi-\\ntion to the principle of prohibition, which they\\ndenounce as sumptuary legislation, and un-\\njust interference with men s liberty, and after-\\nward embody the same principle in the text of the\\nvarious license measures for the protection of the\\ninsane person\\nA. of L. They may have had in mind the fact\\nthat if it requires one person all the time to hold\\nan insane person in safe custod}^ when he is sober,\\nit would no doubt require more persons to prevent\\nhim from annoying people if he was intoxicated.\\nP. A. Why do the friends of license the\\nenemies of prohibition adopt the principle of\\nprohibition for the protection of the Indian, cover-\\ning the entire year\\nA. of L. I presume I would be justifiable in\\nsaying that the friends of license must have been\\nwell satisfied, in their minds, that the principle of\\nprohibition, when carefully applied and enforced,", "height": "3750", "width": "2454", "jp2-path": "saloonnuisanceli00dill_0028.jp2"}, "29": {"fulltext": "AND LICENSE UNCONSTITUTIONAL. 21\\nis better suited to the protection of the Indian,\\nthan the principle of license. At any rate, I will\\nventure this as their reason for inserting the\\nprinciple of prohibition in the text of the law for\\nthe protection of the Indian, rather than the\\nprinciple of license.\\nP. A. Why do the friends and promoters of\\nlicense denounce the principle of prohibition as\\n1 sumptuary legislation, and unj ust inter-\\nference with men s liberty, and everywhere\\nadopt the same for minors\\nA. of L. For their protection, no doubt. It\\nseems to be the only means to effectually shield\\nboth parents and children from being annoyed by\\nthe retail liquor traffic.\\nP. A. How long do they thus claim to protect\\nour boys and girls\\nA. of Iy. Until they shall have arrived at their\\nmajority.\\nP, A. Have the friends of license, in any\\nmanner, adopted the principle of prohibition\\n11 sumptuary legislation, and unjust interfer-\\nence with men s liberty, for the regular customers\\nof the licensed saloons\\nA. of L,. I cannot see very clearly that they\\nhave?\\nP. A. Have they not adopted the principle of", "height": "3750", "width": "2454", "jp2-path": "saloonnuisanceli00dill_0029.jp2"}, "30": {"fulltext": "22 THE SALOON A NUISANCE\\nprohibition sumptuary legislation, and un-\\njust interference with men s liberty, for the\\nprotection of the habitual drunkard\\nA. of L. They claim to prohibit the retail\\nliquor men from selling to the habitual drunkard.\\nP. A. Do you not see that you might be able\\nto demonstrate to the court that the habitual\\ndrunkard is the regular customer of the saloon\\nA. of L. I do not see the process very clearly\\nby which to demonstrate that fact.\\nP. A. If the licensed saloon has any regular\\ncustomer at all, don t you think the habitual\\ndrunkard must be quite as regular as any\\nA. of L. I presume he is, at least up to the\\ntime when the retail liquor men are prohibited\\nfrom selling to him.\\nP. A. If you were to use a synonym for the\\nterm, habitual drunkard, how would you\\nexpress yourself\\nA. of L. I would call him a manufactured\\nfool.\\nP. A. Is it true that the friends and promoters\\nof license have adopted the principle of prohibi-\\ntion sumptuary legislation, and unjust\\ninterference with men s liberty, for every person\\nA. of L,. I presume they have, a part of the\\ntime at least.", "height": "3750", "width": "2454", "jp2-path": "saloonnuisanceli00dill_0030.jp2"}, "31": {"fulltext": "AND LICENSE UNCONSTITUTIONAL. 23\\nP. A. Wherein then lies the difference be-\\ntween the principle of prohibition sumptuary\\nlegislation, and unjust interference with men s\\nliberty, and license all wise, wholesome and\\nwell-directed temperance measures\\nA. of L. I humbly beg the court not to press\\nthat question.\\nChief Justice. The court will waive the\\nquestion.\\nP. A. Wherein then do prohibitionists and\\nlicense advocates differ\\nA. of L. Prohibitionists favor the principle of\\nprohibition for all the people all the time while\\nlicense advocates favor the same for certain classes\\nall the time, and for the rest of mankind a credit-\\nable part of the time.\\nP. A. (To the Chief Justice. This closes the\\ncross-examination of the chief advocate of license.\\nI trust your honor is satisfied not only with my\\ncandor in propounding the questions, but also\\nwith the straightforward manner in which the\\nchief advocate of license has attempted to answer\\nthem. I have no desire to question the witness\\nfurther. Therefore, after briefly summing up the\\nevidence, I shall be ready to proceed with the clos-\\ning argument in the prosecution.", "height": "3750", "width": "2454", "jp2-path": "saloonnuisanceli00dill_0031.jp2"}, "32": {"fulltext": "24 THE SALOON A NUISANCE\\nSECTION III.\\nSumming up the Evidence.\\nI gather from the cross-examination of the chief\\nadvocate of license, and the leading witness in the\\ndefense, the following evidence That the Repub-\\nlican and Democratic parties, in their national\\norganizations, continued to favor the licensing\\nof the liquor traffic that saloon-keepers, gamblers,\\noperators of brothels, anarchists, and many pro-\\nfessing Christians, in the joint use of the ballot,\\nencouraged said parties to cling to the license\\npolicy that the above-named parties continued to\\ndenounce the principle of prohibition as, sumptu-\\nary legislation, and unjust interference with\\nmen s liberty that they upheld the principle of\\nlicense, as opposition to sumptuary legislation,\\nand as all- wise, wholesome and well-directed\\ntemperance measures that prohibitionists had\\npledged themselves to destroy the saloon that\\nthe general government continued to encourage\\nthe manufacture of intoxicating liquor, because it\\nwas made senior partner in the business and\\nreceived a part of the profits in an internal\\nrevenue that the several States encouraged the\\nlicense policy, because they too were made part-\\nners in the business and received a share of the\\nprofits that municipalities favored the multi-", "height": "3750", "width": "2454", "jp2-path": "saloonnuisanceli00dill_0032.jp2"}, "33": {"fulltext": "AND LICENSE UNCONSTITUTIONAL. 25\\nplication of saloons, because they received a large\\nrevenue from each saloon, and the more saloons,\\nthe greater their share of the profits that saloon-\\nkeepers, gamblers, operators of brothels, anarch-\\nists, and many professing Christians continued to\\nfavor the plan of license, because the characters\\nfirst mentioned knew that their various occupa-\\ntions could only grow and flourish in the midst\\nof the profuse use of intoxicating drinks more-\\nover, many professing Christians tried to persuade\\nthemselves that the saloon could never be de-\\nstroyed that the prohibitory or restrictive\\nfeatures of the license measures had rendered\\nthe business respectable and that the revenue\\nderived from the business had lessened their\\ntaxes that according to the measures enacted\\nfor the regulating of the traffic, persons of good\\nmoral character only are authorized to engage in\\nthe retail liquor traffic that the character of the\\napplicant shall be established to the satisfaction\\nof the license court, by the testimony of two good\\nfreeholders, each worth at least two thousand\\ndollars that the friends of license do not follow a\\nsimilar method in discovering the good moral\\ncharacter of persons engaging in other lines of\\nbusiness that the license granted authorizes the\\nproprietor of the saloon to sell intoxicating liquor\\nas a beverage that the traffic is a legitimate", "height": "3750", "width": "2454", "jp2-path": "saloonnuisanceli00dill_0033.jp2"}, "34": {"fulltext": "26 THE SALOON A NUISANCE\\nbusiness when licensed that the licensed saloon\\nis not like any other business; that the licensed\\nsaloon is prohibited from locating within two\\nhundred, three hundred or four hundred feet from\\na church or school in cities, or within one-half\\nmile from the same in country places that this\\narrangement is designed to prevent the saloon\\nfrom annoying, offending and inconveniencing\\nthe church or school that the word nuisance is\\nthe equivalent for the phrase, that which\\nannoys, offends and inconveniences that other\\nkinds of business that presume to sell with or\\nwithout license do not annoy, offend and incon-\\nvenience people, even when located next door\\nto a church or school that the licensed saloon\\ncontinues to annoy, offend and inconvenience\\npeople, when located outside any of the prescribed\\ndistances from a church or school that the saloon\\nis permitted to locate outside certain of the pre-\\nscribed distances from a church or school, by\\nconsent of a majority of the freeholders on both\\nsides of the street that such action on the part of\\nthe freeholders does not cause the licensed saloon\\nto cease to annoy, offend and inconvenience\\npeople that the proprietors of speak-easies,\\nusually operate their business with as great pre-\\ncaution as that with which horse-thieves steal\\nhorses that the proprietors of speak-easies are", "height": "3750", "width": "2454", "jp2-path": "saloonnuisanceli00dill_0034.jp2"}, "35": {"fulltext": "AND LICENSE UNCONSTITUTIONAL. 27\\nprohibited from selling because of their unwilling-\\nness to share the profits with the general govern-\\nment, the State and the municipality that the\\nproprietors of speak-easies should be denounced\\nas anarchists and be disfranchised forever that\\nthe licensed saloon differs from the speak-easy,\\nin that the proprietor thereof receives the general\\ngovernment, the State and municipality into part-\\nnership and shares with them the profits, while\\nthe proprietor of the speak-easy appropriates all\\nthe profits unto himself; that licensed rum and\\nspeak-easy whiskey are alike as to their effects\\nthat the proprietor of the licensed saloon is not\\npermitted to sell to every person that by a series\\nof prohibitory restrictions the proprietor of the\\nlicensed saloon is prohibited from selling to the\\nidiot, the insane person, the Indian, the minor,\\nthe habitual drunkard or manufactured fool cover-\\ning the entire year, and that he is prohibited from\\nselling to any person fifty-four days in the year\\nthat this is sumptuary legislation, and unjust\\ninterference with the liberty of the classes enumer-\\nated and for the time designated that prohibi-\\ntionists favor the principle of prohibition or\\nsumptuary legislation for every person cover-\\ning the entire year, and that the friends of license\\nfavor the principle of prohibition for certain classes\\ncovering the entire year, and for every person", "height": "3750", "width": "2454", "jp2-path": "saloonnuisanceli00dill_0035.jp2"}, "36": {"fulltext": "28 THE SALOON A NUISANCE\\nfifty-four days in the year, and at the same time\\nthey bitterly denounce the same as sumptuary\\nlegislation, and unjust interference with men s\\nliberty that that which is good for the pro-\\ntection of certain classes all the year, and for all\\nthe people fifty-four days in the year, should be\\ngood for the protection of all the people three\\nhundred and sixty-five days in the year.\\nSECTION IV.\\nClosing Argument in the Pt*oseeution.\\nThe Saloon a Public fluisanee.\\nProsecuting Attorney. I count myself\\nhappy in being permitted to address the Supreme\\nBench on this momentous occasion. I am con-\\nvinced that no other case so far-reaching, and of\\nsuch paramount importance, is likely to come\\nunder the jurisdiction of the Supreme Court\\nduring the period of many generations. I tremble\\nwith a sense of awe at the thought of my responsi-\\nbility in presenting the closing argument in such\\na case.\\nFrom the evidence at hand I wish to prove that\\nthe saloon is a public nuisance, both in the legal\\nand in the moral sense and that to authorize or\\nlicense the same is unconstitutional.", "height": "3750", "width": "2454", "jp2-path": "saloonnuisanceli00dill_0036.jp2"}, "37": {"fulltext": "AND LICENSE UNCONSTITUTIONAL. 29\\nThis distinguished tribunal will constantly\\nbear in mind during the discussion, that a public\\nnuisance, as defined by all standard authorities,\\nas defined by the King s Bench of England,\\nand as defined in past decisions of the Supreme\\nCourt of the United States, is, that which, either\\nin a legal or in a moral sense, annoys, offends and\\ninconveniences any great number of persons in a\\nlocality. I would also call the attention of the\\ncourt to the fact that when once a public nuisance\\nhas been discovered, there is no recognized prin-\\nciple at law which does not provide for its\\nimmediate abatement. In other words, it is con-\\ntrary to all law for an organized government to\\nauthorize or license a public nuisance. In final\\naction in all matters of jurisprudence we should\\nnever lose sight of the w 7 ell-recognized principle\\nin constitutional law that whatever is enacted\\ninto statutory law should, when executed, admin-\\nistered and enforced, tend to promote either the\\neducational, the industrial, or the moral and\\nsocial welfare of all the people. Any statutory\\nenactment which is found to conflict with this\\ndirectory principle, in any particular, should be\\nregarded as law in name only, and at the first\\nopportunity, should be set aside as unconstitu-\\ntional. The above expression of truth is in\\nperfect accord with Biackstone s definition of law,", "height": "3750", "width": "2454", "jp2-path": "saloonnuisanceli00dill_0037.jp2"}, "38": {"fulltext": "30 THE SALOON A NUISANCE\\nviz: Law is that which is enacted by the\\nsupreme power of the State, commending that\\nwhich is right and prohibiting that which is\\nwrong for, That is not law which contro-\\nverts the law of God.\\nThe chief advocate of license and the leading\\nwitness in the defense, testified that Republicans\\nand Democrats, in their national organizations, had\\npersistently continued to favor the licensing of the\\nretail liquor traffic. This was true especially in\\nthe past several decades. It appears that the\\ngreat leaders in the parties named assumed the\\nembarrassing position, not from principle, nor\\nfrom the consciousness of right, but purely for\\npolitical effect, that they might attain to position\\nand enjoy the spoils of office through the corrupt-\\ning influence of this mighty balance of power.\\nThe many prohibitory restrictions, which the\\nperpetrators of license were compelled to insert in\\nthe text of the various measures enacted for the\\nregulating of the retail liquor traffic, plainly\\nindicate that they were all the time conscious\\nthat they were dealing with a public nuisance.\\nThe leaders in the dominant parties manifested\\nfor generations their unwillingness to appoint a\\nCongressional Commission to enquire into the\\nruinous effects of the traffic in strong drink upon\\nsociety and upon business. They indicated that", "height": "3750", "width": "2454", "jp2-path": "saloonnuisanceli00dill_0038.jp2"}, "39": {"fulltext": "AND LICENSE UNCONSTITUTIONAL. 31\\nthey would rather seek to promote the financial\\nand lucrative interests of the dire traffic than seek\\nits public exposure. They were ever ready to\\nworship at its Bacchanalian shrine, and to vie\\nwith each other in most debasing concessions to\\nits infamous demands, in order that they might\\ncontinue to share its patronage at the polls. This\\naccounts for Levi P. Morton s saloon; for\\nBenjamin Harrison s black record for James G.\\nBlaine s whiskey circular for Grover Cleveland s\\nsubsidy for John G. Carlisle s exaltation and\\nfor Wall Street s patronage. All this would\\nplainly indicate that the licensed saloon is a\\npublic nuisance, both in the legal and in the\\nmoral sense.\\nThe leading witness in the defence testified,\\nthat saloon-keepers, gamblers, operators of\\nbrothels, anarchists, and many professing Chris-\\ntians, continued in the joint use of the ballot to\\nsupport license and license parties. That the\\nbusiness of saloon-keepers, gamblers, operators of\\nbrothels and anarchists, could only be expected to\\ngrow and flourish in the midst of the profuse use of\\nintoxicating drinks. v We are not surprised at the\\nfriendly attitude of such characters to license and\\nto license parties. Every time the retail liquor man\\nsecures a license, it means a year s lease of life to\\nhis business, and by no less authority than the", "height": "3750", "width": "2454", "jp2-path": "saloonnuisanceli00dill_0039.jp2"}, "40": {"fulltext": "32 THE SALOON A NUISANCE\\naffixing thereto of the great seal of State.\\nThe saloon itself is not only dependent for its\\nexistence upon the matter of the securing of a\\nlicense, but its allies the gambling den and the\\nbrothel are thus encouraged and entrenched. It\\ncan only be expected that all such characters will\\nconfederate to sustain license and license parties\\nas necessary to their own existence. The three\\nevils have not only conspired so to do, but, being\\nthe devil s triplets, such conspiracy is natural,\\nlogical, and to be expected. These three con-\\nstitute the schools of anarchy, where persons are\\ngraduated to break every law of God and man.\\nOn every election occasion, the operators of these\\ninstitutions of iniquity, feigning patriotism, are\\nready to shout, O license and license parties, live\\nforever They understand that so long as the\\ndominant license parties are in possession of the\\nreins of government, their hellish trades will grow\\nand continue to flourish. The three evils are\\nwedded they go hand-in-hand they have formed\\na triple alliance they are of one compound they\\nare inseparably united, and have resolved to\\nlive or die, sink or swim, survive or perish\\ntogether. They spring from one great cause and\\ntheir effects are, and must continue to be, c woe,\\nsorrow, contentions, babblings, wounds without\\ncause, and redness of eyes.", "height": "3750", "width": "2454", "jp2-path": "saloonnuisanceli00dill_0040.jp2"}, "41": {"fulltext": "AXD LICEXSE UXCOXSTITUTIOXAL. 33\\nUnited they stand, divided they fall\\nAnd just as the one votes, so vote they all.\\nIn this connection we argue that the saloon is a\\npublic nuisance, because it has succeeded in com-\\npromizing many professing Christians, in the\\njoint use of the ballot with the above-named\\ndespicable characters, in support of license and\\nlicense parties. The witness testified, that\\nmany of the professing Christians, by their influ-\\nence and their ballots, continued to support license\\nand license parties. Their reason for so doing\\nwas not everywhere the same. In the North the\\nRepublican party was the grand old party, and\\nthey continued to support it while in the South,\\nthe Democratic party was the grand old party,\\nand they continued to support it. Many profess-\\ning Christians tried to persuade themselves that\\nthe saloon could never be destroyed, notwith-\\nstanding the fact that God had promised to\\ndestroy the works of the devil. They delighted\\nto soothe their consciences with the plea, that the\\nnational, State and municipal revenue derived\\nfrom the business had lessened their taxes, and\\n1 that the prohibitory or restrictive features of the\\nvarious license measures had rendered the busi-\\nness respectable. In this particular the great\\nadversary was subtle for many seemingly candid\\npersons were deceived. Yet the leading witness", "height": "3750", "width": "2454", "jp2-path": "saloonnuisanceli00dill_0041.jp2"}, "42": {"fulltext": "34 THE SALOON A NUISANCE\\nin the defense seemed to be of the opinion, that\\nsuch professors of religion were really more closely\\nwedded to their idol parties, than to their\\nwives, their children, their Church and their God.\\nThey appeared to sin against light and knowledge,\\nforgetting the Scipture which says: For if we\\nsin wilfully after that we have received the know-\\nledge of the truth, there remaineth no more sacri-\\nfice for sin, but a certain fearful looking for of\\njudgment and fiery indignation, which shall\\ndevour the adversaries. This peculiar type of\\nprofessing Christians did not seem to comprehend\\nthat they had joined the ranks of saloon-keepers,\\ngamblers, operators of brothels and anarchists in\\nperpetuating a common cause. They did not\\nseem to realize that they had actually become\\nsaloon-keepers themselves. They appeared to be\\nunable to comprehend, that in the sight of God,\\nthere are two classes of saloon-keepers, viz. first-\\nclass independent and second-class dependent,\\nThe first-class independent saloon-keeper is the\\nman who continually votes to keep the saloon on\\nthe license plan. The second-class dependent\\nsaloon-keeper is the poor bartender who oper-\\nates the saloon, the first-class independent saloon-\\nkeeper votes to keep. The second-class dependent\\nsaloon-keeper continually trembles, lest there be\\nnot a sufficient number of the professing Christians", "height": "3750", "width": "2454", "jp2-path": "saloonnuisanceli00dill_0042.jp2"}, "43": {"fulltext": "AND LICENSE UNCONSTITUTIONAL. 35\\nfirst-class independent saloon-keepers who\\nwill continue to vote with saloon-keepers, gamb-\\nlers, operators of brothels and anarchists, to\\nauthorize the licensed saloon he desires to run.\\nIf the licensed dram-shop is to be perpetuated,\\nI trust we shall be able immediately, all the\\ntime and everywhere, in oral address, in written\\nmanuscript and in print, to publish and emphasize\\nthe importance of our first-class independent\\nsaloon-keepers as well as to expose to clear and\\ncomprehensive view, the subordinate position of\\nour second-class saloon-keepers. When one of\\neach type of our saloon-keepers meet at the polls\\nto cast an exactly similar ballot, it reminds me of\\nthe sweet ballad which certain one of our poets\\ndid sing\\nThe Twin Ballots.\\nAlong in November when chill was the weather,\\nTwo ballots were cast in a box together,\\nTwo ballots were cast in together\\nThey nestled up close like brother to brother,\\nYou couldn t tell one of the votes from the other,\\nYou couldn t tell one from the other.\\nChorus.\\nThey were both rum votes,\\nAnd sanctioned the license plan\\nBut one was cast by a j oily old brewer,\\nAnd one by a Sunday-school man.", "height": "3750", "width": "2454", "jp2-path": "saloonnuisanceli00dill_0043.jp2"}, "44": {"fulltext": "36 THE SALOON A NUISANCE\\nWe argue, therefore, that the denunciation of the\\nprinciple of prohibition as sumptuary legislatio7i\\na?id unjust interference with men s liberty and\\nthe lauding of the principle of license as all-wise,\\nwholesome a?id zvell-directed te7nperance measures,\\non the part of the friends of license, is the strongest\\ninferential proof that the saloon is a public nuis-\\nance, both in the legal and in the moral sense.\\nThe chief advocate of license and the leading\\nwitness in the defense testified, that the dominant\\nlicense parties continued to denounce the principle\\nof prohibition as sumptuary legislation and\\nunjust interference with men s liberty, while\\nthey lauded the opposite principle of license as\\nall-wise, wholesome and well-directed temper-\\nance measures. We will accept the foregoing\\ndefinitions of the two opposite principles as correct,\\nand we will cling to them tenaciously for the sake\\nof argument.\\nIn 1882 Kansas adopted constitutional prohibi-\\ntion sumptuary legislation and unjust\\ninterference with men s liberty for all her citi-\\nzens covering the entire year. The principle of\\nlicense opposition to sumptuary legislation,\\nall- wise, wholesome and well-directed temper-\\nance measures was ignominiously rejected, and\\nthe lamentation was heard from ocean to ocean\\nPoor deluded Kansas. Had Kansas been will-", "height": "3750", "width": "2454", "jp2-path": "saloonnuisanceli00dill_0044.jp2"}, "45": {"fulltext": "AND LICEXSE UNCONSTITUTIONAL. 37\\ning to have adopted such legislation for certain\\nclasses covering the entire year, and for all her\\npeople a creditable part of the year then first and\\nsecond-class saloon-keepers, gamblers, operators of\\nbrothels, anarchists, and many of the high license\\npreachers and professing Christians might have\\nbeen able to have suppressed their indignation,\\nand to have forever held their peace.\\nAgain we argue, that the persistent warfare of\\nProhibitionists including many of our nobler\\ncitizens, against the liquor traffic, plainly indicates\\nthat the saloon is a public nuisance.\\nProhibitionists have been made to feel that two\\nhundred and fifty thousand licensed dram-shops,\\noperated by five hundred thousand vulgar bar-\\ntenders, are sufficient, both in number and char-\\nacter, either in a direct or indirect manner, to\\nannoy, offend and inconvenience every man,\\nwoman and child in all our broad domain.\\nWill this lofty tribunal require me in protracted\\nargument to consume valuable time in an attempt\\nto prove the saloon to be a public nuisance, when\\nthe fact seems to be cognizant to every candid\\nmind Is any argument necessary to prove that\\nthe saloon really does annoy, offend and in-\\nconvenience people\\nAs the argument progresses, I am confident\\nthat I shall be able to establish to the entire", "height": "3750", "width": "2454", "jp2-path": "saloonnuisanceli00dill_0045.jp2"}, "46": {"fulltext": "38 THE SALOON A NUISANCE\\nsatisfaction of the court that the saloon is branded\\nas a public nuisance, not only by the consensus of\\npublic opinion, but that the friends and perpetra-\\ntors of license were all the time conscious that\\nthey had been dealing with a public nuisance.\\nEach and every prohibitory restriction which\\nthe friends and promoters of license have been\\ncompelled to insert in the text of the measures\\nwhich they have enacted for the regulating of the\\nretail liquor traffic, is proof positive of the fore-\\ngoing statement. Each and every prohibitory\\nrestriction found in the text, of the various\\nmeasures enacted for the regulating of the traffic\\nis a concession on the part of the friends of license\\nthat they prefer the principle of prohibition to the\\nprinciple of license, for the protection of the\\nperson or class of persons in whose interest the\\nrestriction was inserted. If not, why should the\\nfriends of license, of their own volition, make the\\nprinciple of prohibition sumptuary legislation\\nand unjust interference with men s liberty\\nsupercede the principle of license all- wise,\\nwholesome and well-directed temperance meas-\\nures in the interests of the classes named\\nAgain we argue that the saloon is a public\\nnuisaiice, because it could not obtain the sa?iclion of\\nlaw if it did not receive the general government,\\nthe State a?id the municipality into partnership.", "height": "3750", "width": "2454", "jp2-path": "saloonnuisanceli00dill_0046.jp2"}, "47": {"fulltext": "AND LICENSE UNCONSTITUTIONAL. 39\\nThe leading witness in the defense testified\\nthat the general government, many of the States\\nand municipalities, continued to favor the plan of\\nlicense and the multiplication of saloons, and that\\nthey actually encouraged the extensive manu-\\nfacture and sale of strong drink, because they had\\nbecome partners in the business, inasmuch as they\\nwere made to share in the profits.\\nThis brings the general government, the State\\ngovernment and the municipal government into a\\npeculiar covenant relationship in fulfilment of\\nthe prophecy of Isaiah, viz Because ye have\\nsaid, We have made a covenant with death and\\nwith hell are we at agreement. When the over-\\nflowing scourge shall pass through, it shall not\\ncome unto us, for we have made lies our refuge,\\nand under falsehood have we hid ourselves.\\nThe rum-power has taken such hold upon the\\ndominant license parties that it is able now to say\\nunto the general government, L,et me live I have\\none dollar and ten cents a gallon on distilled spirits\\nin times of peace (which, under bitter protest, I\\nwill permit to be doubled in time of war) for thee.\\nIt is able to say unto the State, L,et me live I have\\na lucrative tax for thee. It is able to say unto\\nthe municipality, L,et me live I have three hun-\\ndred, five huudred or one thousand dollars per\\nannum for thee. It is able to sa}^ unto the", "height": "3750", "width": "2454", "jp2-path": "saloonnuisanceli00dill_0047.jp2"}, "48": {"fulltext": "40 THE SALOON A NUISANCE\\ndominant license parties, Let me live I have\\nrevenue, patronage, exaltation and the spoils of\\noffice to barter for the money, and the bodies and\\nsouls of men.\\nThe dominant license parties say, We are all\\nagreed. Let the general government have the\\ninternal revenue let the State have a lucrative\\ntax let the municipality have her stipulated fee\\nfrom each saloon let the great leaders in the\\ndominant license parties have patronage, exalta-\\ntion and the spoils of office and we are gleefully\\nready to ratify the covenant with death and the\\nagreement with hell, as the parties of the first\\npart that the two hundred and fifty thousand\\nlicensed dram-shops shall be authorized to glean\\nfrom the drinking classes, one billion two hun-\\ndred million dollars in cash each year, thereby\\nguaranteeing to death the bodies of one hundred\\nthousand habitual drunkards each year, inviting\\nhell as her part of the contract to claim their\\nsouls thus entirely satisfying the parties of the\\nsecond part. Thus the parties of the first and\\nsecond parts have ratified the covenant and it\\nstands to-day, notwithstanding that a very large\\npercentage of the citizens of the State and nation\\nhave been irreparably damaged in their health,\\ntheir morals and in their industrial life.", "height": "3750", "width": "2454", "jp2-path": "saloonnuisanceli00dill_0048.jp2"}, "49": {"fulltext": "AND LICENSE UNCONSTITUTIONAL. 41\\nThe covenant stands, while it is the prevalent\\nopinion that the licensed dram-shops are the rifest\\nschools of anarchy. The covenant stands in\\nopposition to the common opinion that the traffic\\nin strong drink creates disease, and results in\\nidleness, misery, pauperism and crime. There-\\nfore thus saith the Lord God Behold I lay in\\nZion for a foundation a stone, a tried stone, a\\nprecious corner-stone, a sure foundation he that\\nbelieveth shall not make haste. Judgment also\\nwill I lay to the line, and righteousness to the\\nplummet and the hail shall sweep away the\\nrefuge of lies, and the waters shall overflow the\\nhiding place. And your covenant with death\\nshall be disannulled, and your agreement with\\nhell shall not stand when the overflowing\\nscourge shall pass through, then ye shall be\\ntrodden down by it. Woe unto him that\\nbuildeth a town with blood, and establisheth a\\ncity by iniquity Woe unto him that giveth\\nhis neighbor drink, that puttest thy bottle to him,\\nand makest him drunken also, that thou mayest\\nlook on their nakedness.\\nHonorable Sirs Surely that constitutes a\\npublic nuisance, which contaminates every com-\\nmunity in which it exists with the viris of death,\\nand breeds the most debasing evils which fallen\\nspirits can invent.", "height": "3750", "width": "2454", "jp2-path": "saloonnuisanceli00dill_0049.jp2"}, "50": {"fulltext": "42 THE SALOON A NUISANCE\\nAgain we argue that the saloon is a public nuis-\\nance^ because it corrupts a?id destroys the moral\\ncharacter of the men who operate it.\\nThe leading witness in the defense testified that\\nthe friends of license had placed a principle in the\\ntext of the various license measures requiring\\nthat persons of good moral character only be\\npermitted to operate the licensed saloon that the\\ncharacter of the applicant shall be established to\\nthe satisfaction of the license court by the testi-\\nmony of two good freeholders, each worth at least\\ntwo thousand dollars. It is estimated that there\\nare two hundred and fifty thousand licensed dram-\\nshops in our country, operated by more than five\\nhundred thousand bartenders. If persons of good\\nmoral character only be permitted to operate the\\nsaloons, it would seem in a threatening manner to\\nembarrass our churches. Does it not seem that\\nthe ever-increasing number of saloons, in order to\\nfind a sufficient number of bartenders of good\\nmoral character to operate the same, might be\\ncalled upon in the near future to draft the elders\\nand deacons of the churches into the service of the\\nretail liquor business, thereby leaving many of our\\nchurches without an organization The only\\nsecurity to the churches, in this particular, seems\\nto lie in the fact that this particular requirement\\nin the text of the various license measures, like", "height": "3750", "width": "2454", "jp2-path": "saloonnuisanceli00dill_0050.jp2"}, "51": {"fulltext": "AND LICENSE UNCONSTITUTIONAL. 43\\nall other restrictions, was never intended to be\\nstrictly observed. This, at least, seems to have\\nbeen the opinion of the leading witness in the\\ndefense, as was clearly brought out in the cross-\\nexamination. It is plain to every careful observer,\\nthat those who operate the saloons as a class, fear\\nnot God, neither do they regard man. As a class,\\nthey are blasphemous Sabbath-breakers, gamblers,\\nwhore-mongers, adulterers, covetous extortioners,\\nand like unto the great adversary himself, lovers\\nand makers of lies. Notwithstanding that such\\nis the general character of those who operate the\\nsaloons, the license court seems to have but little\\ndifficulty in finding two good freeholders, each\\nworth at least two thousand dollars, who are will-\\ning to testify that each applicant is possessor of a\\ngood moral character and thus the churches es-\\ncape disorganization.\\nAgain we argue that the saloon is a public nuis-\\nance, because it corrupts the government, which, by\\nlegalizing the traffic, becomes responsible for the\\ndireful evils that flow therefrom.\\nThe leading witness in the defense testified,\\nthat the saloon is licensed to sell intoxicating\\nliquor as a beverage that it is a legitimate busi-\\nness when licensed, illegitimate when not licensed\\nthat unlicensed saloons are called speak-easies\\njoints holes-in-the-wall, and such likeexpres-", "height": "3750", "width": "2454", "jp2-path": "saloonnuisanceli00dill_0051.jp2"}, "52": {"fulltext": "44 THE SALOON A NUISANCE\\nsions and that persons who in a still more secret\\nway smuggle the beverage are often called boot-\\nleggers that such characters should be denounced\\nas anarchists, and be disfranchised forever.\\nWe argue that a business which results in evil,\\nin evil only, and that continually, is a public nuis-\\nance, whether it be licensed or unlicensed. We\\nargue that that which authorizes evil, is law in\\nname only. L,aw in fact must commend right by\\nprohibiting wrong. We maintain that the princi-\\nple of prohibition commends right, and is law in\\nfact, even though it be denounced by the friends\\nof license as sumptuary legislation and un-\\njust interference with men s liberty. A business\\nwhich results in evil effects only can never be jus-\\ntified, even though it be authorized by the affixing\\nof the great seal of State. A law which com-\\nmends right, when executed, administered and\\nenforced, must of necessity prohibit wrong. As\\nwe have already stated, that only is law which\\ntends to promote either the educational, the indus-\\ntrial, cr the moral and social welfare of the people.\\nWe are of the opinion that the Christian man\\nshould never be required to assume an official po-\\nsition, where his oath of office will require him to\\nadminister a statutory measure in direct conflict\\nwith the law of Christ. A statute which conflicts\\nwith the law of Christ should be denounced by\\nall Christian citizens, as law in name only.", "height": "3750", "width": "2454", "jp2-path": "saloonnuisanceli00dill_0052.jp2"}, "53": {"fulltext": "AND LICENSE UNCONSTITUTIONAL. 45\\nThe ruinous effects of the liquor sold, both in\\nthe licensed and in the unlicensed saloons, are\\neverywhere plainly visible. If the bartender who\\noperates a speak-easy this year should be de-\\nnounced as an anarchist, and be disfranchised\\nforever, how does he, upon obtaining a license,\\nbecome a person of good moral character and\\nworthy of the right of franchise, when he runs the\\nsame place next year as a licensed saloon Is he\\nnot the same person, operating the same business\\nin the same place, and does he not sell the same\\nbrands of intoxicating drinks as before? Last\\nyear the government officials denounced him as a\\nsneaking anarchist, because he appropriated all\\nthe speak-easy profits unto himself. This ear\\nthe same officials laud him as a citizen of good\\nmoral character, because he is willing now to\\nshare the profits of the licensed saloon with the\\nState and the municipality. Last year, as the\\nleading witness in the defense did testify, he\\nconducted his speak-easy business with as great\\nprecaution as that with which horse-thieves steal\\nhorses this year, with the cynic condonence of\\nthe license court, he conducts the same place be-\\nhind glazed windows and screened doors. But\\nnow the general government, the State and the\\nmunicipal governments are made to share in the\\nprofits and are satisfied.", "height": "3750", "width": "2454", "jp2-path": "saloonnuisanceli00dill_0053.jp2"}, "54": {"fulltext": "46 THE SALOON A NUISANCE.\\nAgain we argue that the friends and promoters\\nof license plainly indicate that the saloon is a public\\nnuisance, because of the peculiar restrictions which\\nthey have placed in the text of the various license\\nmeasures relating to the distances at which the\\nsaloon must be located from a church or school.\\nThe chief advocate of license and the leading\\nwitness in the defense testified that the friends\\nand promoters of license had enacted a series of\\nprohibitory or sumptuary restrictions, forbidding\\nthe proprietor of the licensed saloon from locating\\nhis place of business nearer than two hundred,\\nthree hundred or four hundred feet from a church\\nor school in cities, or nearer than one-half mile\\nfrom the same in country places the distance to\\nbe regulated in each case according to the moral\\nsense of the law-makers in each State.\\nThe following diagram will help to demonstrate\\nthe moral sense of the Congress of the United\\nStates in passing an act and of the President in\\nsigning it, for the protection of the churches and\\nschools in Washington, D. C.", "height": "3750", "width": "2454", "jp2-path": "saloonnuisanceli00dill_0054.jp2"}, "55": {"fulltext": "SECnOMLMAPofWasfi/qg/wiM.\\n5/!omj?accorcf/f7jgfoMofCo/7#feJs/fie\\nprescr/ded distances a/Z/rsfC/ass and\\nOrdinary Ja/om from Cf?urc/ies Sc/;ook\\nC/iurc/ies are represented Mas\\nSchools arerepresenred ifrus\\nJ s T (Iass Saloons arerepresenfedlfos g\\nOrd/naryMoons are represented ffas", "height": "3750", "width": "2454", "jp2-path": "saloonnuisanceli00dill_0055.jp2"}, "56": {"fulltext": "48 THE SALOON A NUISANCE\\nEach circle represents a Prohibition district\\naccording to an Act of Congress, as signed by the\\nPresident for the protection of the geometrical\\ncenter, which in each case represents either a\\nchurch or a school. According to the original\\nintention of this Act of Congress, all licensed\\nsaloons were required to locate outside of, up to\\nor on the line, but never inside the line of the\\ncircumference of any of the prescribed circular\\nareas. This restriction was regarded as the law\\nfor Washington, D. C, until Levi P. Morton, the\\nthen acting Vice-President of the United States,\\neither unwittingly, or in open defiance of the law,\\nbuilt a first-class hotel (the Shoreham), containing\\na first-class saloon, with a first-class bar, eighty\\nfeet long, from behind which forty-four brands of\\nintoxicating drinks were sold.\\nWhen the news reached Congress that the Vice-\\nPresident of the United States had violated the\\nlaw, instead of arresting and convicting the\\ncriminal, Congress hastily assembled and passed\\nan amendment to the law, permitting the locating\\nof a first-class hotel, with a first-class saloon, with\\na first-class bar, within the circumference of the\\ncircular area while a saloon without a first-class\\nhotel built over it must not be located inside the\\ncircumference of any of the prohibition circular\\nareas. The Mdnrfc-colored marks outside of the", "height": "3750", "width": "2454", "jp2-path": "saloonnuisanceli00dill_0056.jp2"}, "57": {"fulltext": "AND LICENSE UNCONSTITUTIONAL. 49\\ncircumferences of the circular areas represent\\nthe licensed saloons in Washington, D. C, which\\nhave not a first-class hotel built over them, while\\nthe marks inside the circumferences aside from\\nthe centers represent the licensed saloons which\\nhave a first-class hotel built over them.\\nThis diagram indicates clearly the wisdom of\\nCongress, as approved by the signature of the\\nPresident of the United States, in an attempt to\\nprotect the church or school from being annoyed,\\noffended and inconvenienced by the licensed\\nsaloon. The different States have enacted simi-\\nlar laws for the protection of churches and\\nschools, only the diameters of the circular pro-\\nhibitory areas seem to vary in measurement\\naccording to the moral sense of the different\\nLegislatures.\\nI should be delighted to be possessor of a map\\nof the United States which would clearly indicate\\nby its hundreds of thousands of prohibitory\\ncircular areas of various dimensions, expressing\\nthe all- wise, wholesome and well-directed\\ntemperance measures of Congress and of our\\nseveral State Legislatures, enacted for the protec-\\ntion of our churches and schools.\\nAgain we argue that the friends of license clearly\\nindicate that the saloon is a public nuisa7ice by\\nplacing prohibitory or sumptuary restrictions", "height": "3750", "width": "2454", "jp2-path": "saloonnuisanceli00dill_0057.jp2"}, "58": {"fulltext": "50 THE SALOON A NUISANCE\\nhi the text of the various license measures prohibit-\\ning the retail liquor men from selliiig to every\\nperson outside, or to any person inside the circum-\\nferences of the favored circular areas, having for\\ntheir geometrical centers churches and schools.\\nThe chief advocate of license and the leading\\nwitness in the defense testified, that the propri-\\netor of the licensed saloon, who had previously\\npaid three hundred, five hundred or one thousand\\ndollars, for a year s lease of life to his business,\\nwhen located with due respect to the geometrical\\ncenters of the favored circular areas, is prohibited\\nby sumptuary restrictions from selling to every per-\\nson that the proprietor of almost any other\\nkind of business might locate next door to a church\\nor school, and be permitted to sell to any person\\nwithout license and that the reason for such\\ndiscrimination is due to the fact that the saloon\\nis not like any other business.\\nI cannot but regard this particular restriction\\nof the license measures as an aggravated form of\\nclass legislation. It places a restriction upon\\nthe retail liquor traffic, which no body of sane men\\nwould for a moment think of placing upon a legi-\\ntimate business. It seems to strain almost to the\\nbreaking point every righteous and equitable\\nprinciple at law. It furnishes a splendid exibition\\nof the fallacious opposition of the friends of license", "height": "3750", "width": "2454", "jp2-path": "saloonnuisanceli00dill_0058.jp2"}, "59": {"fulltext": "AND LICENSE UNCONSTITUTIONAL. 51\\nto the principle of prohibition. While the restric-\\ntion prohibits the retail liquor men from selling to\\ncertain classes outside the circumferences of the\\nfavored circular areas, having for their geometrical\\ncenters churches and schools, it prohibits the\\nordinary bartender from selling to any person\\nwithin the circumferences of the same circular\\nareas. While this is the will of congress and of\\nthe several State legislatures, as expressed in the\\nvarious license measures, for the direction of the\\nordinary bartender, the same authorities authorize\\nthe extraordinary bartender to sell to certain\\nclasses either outside or inside the circumferences\\nof the favored circular areas.\\nAgain we argue, that the friends and perpe-\\ntrators of license plainly indicate that the saloon is\\na public nuisance, in the prohibitory or sump-\\ntuary restriction which they have placed in the\\ntext of the various license measures, forbidding the\\nretail liquor men to sell to the idiot.\\nThe leading witness in the defense testified,\\nthat the proprietor of the licensed saloon, who\\nhad previously paid three hundred, five hundred,\\nor one thousand dollars for a year s lease of life to\\nhis business, when located two hundred, three\\nhundred, or four hundred feet from a church or\\nschool, the logical geometrical center of a favored\\ncircular area, by consent of a majority of the free-", "height": "3750", "width": "2454", "jp2-path": "saloonnuisanceli00dill_0059.jp2"}, "60": {"fulltext": "52 THE SALOON A NUISANCE\\nholders on both sides of the street, is prohibited\\nfrom selling to the idiot. This prohibitory or\\nsumptuary restriction is designed to cover the\\nentire year, and was placed in the text of the vari-\\nous license measures for the protection of this class\\nof unfortunates. The restriction is not only\\nintended to cover the entire year, but the entire\\nlife of each person belonging to this class. It\\nseems passing strange, that the principle of prohi-\\nbition sumptuary legislation and unjust\\ninterference with men s liberty according to the\\nmind of the friends of license as expressed in the\\ntext of the various license measures, is really bet-\\nter suited to the protection of the idiot than the\\nprinciple of license. In this particular, the friends\\nof license place the idiot in the same category with\\nminors. In the sight of the law the idiot is to be\\nregarded as a minor as long as he lives. While\\nthe friends of the saloon persistently claim that\\nthe principle of license is all-wise, wholesome\\nand well-directed for certain persons the prin-\\nciple of prohibition alone is all-wise, wholesome\\nand well-directed for the protection and security\\nof the idiot. The leading witness in the defense\\njustified this peculiar restriction on the ground\\nthat the brain of the idiot is so far below the\\nnormal size and weight, that it requires much less\\nrum to turn him into the ditch than it does the", "height": "3750", "width": "2454", "jp2-path": "saloonnuisanceli00dill_0060.jp2"}, "61": {"fulltext": "AND LICENSE UNCONSTITUTIONAL. 53\\ncompos me?itis person. He intimates that that\\nwhich constitutes unjust interference with the\\nliberty of persons in the compas mentks state, is\\njust interference with the liberty of persons in the\\n?ion compas mentis state. He seemed to be con-\\nscious that if the retail liquor men were permitted\\nto sell intoxicating liquor to an idiot, he would be\\ncertain to annoy, offend and inconvenience all\\nhis friends. The farther we proceed in the argu-\\nment, the more clearly we will discover the truth\\nof the oft-repeated statement of the chief advocate\\nof license that the retail liquor traffic is not like\\nany other business. We would justly regard our\\nlaw-makers as being less w 7 ise than the idiot, if\\nthey were to pass a similar law, prohibiting men\\nin other lines of business from selling to the idiot.\\nWhile it is proper now, under this feature of the\\nlicense measures, to declare that the idiot, or born\\nfool, is already quite a sufficient burden to society,\\nwithout his being filled with that which is com-\\nmonly designated as forty-rod whiskey, it would\\nthen be proper to declare that the idiot, or born fool,\\nis already quite a sufficient burden to society, with-\\nout his being filled with Orleans sugar, spare-ribs\\nor mutton-chops. I deem it important that the\\nattention of the court be directed now for a little\\nto the study of", "height": "3750", "width": "2454", "jp2-path": "saloonnuisanceli00dill_0061.jp2"}, "62": {"fulltext": "54 THE SALOON A NUISANCE\\nR Iieading Cause for Idioey.\\nThe leading scientific men in the medical profes-\\nsion are agreed, that if the ancestors on the two\\nsides of a house, dating back for two generations,\\nwere all habitual drunkards, the children of the\\nthird generation would be liable to suffer the\\nawful consequences from the curse of heredity.\\nIf the family of the third generation should con-\\nsist of ten children, it might be expected that at\\nleast seven out of the ten would have imposed\\nupon them the burden of some incurable disa-\\nbility. Certain of the number, in all probability,\\nwould be born idiots certain others would be\\nlible to early insanity still others of the number\\nwould be liable to develop ungovernable tendencies\\nto crime while the whole family might reasonably\\nexpect to suffer all through life from an insatiable\\nappetite for narcotics and stimulants. Kit were\\npossible in the kind Providence of a beneficent\\nheaven, that three out of the ten should be so\\nblessed of God as to escape the manifold hereditary\\ncurses, it would devolve upon the three, in addition\\nto their ow 7 n burdens, to carry the burdens of the\\nother seven for life, or the burden of the seven would\\notherwise fall upon the bosom of the charities of\\nthe State. Who, among all the advocates of license,\\nwill be able to justify the conduct of the State in\\nauthorizing an evil so desolating and far-reaching", "height": "3750", "width": "2454", "jp2-path": "saloonnuisanceli00dill_0062.jp2"}, "63": {"fulltext": "AND LICENSE UNCONSTITUTIONAL. 55\\nin its nefarious effects. Men may strive to apolo-\\ngize for the existence of the iniquitous business in\\nthe presence of the authorities of earth but what\\nexcuse will they render to the Judge of all the\\nearth in that great day O Honorable Judges\\nif it was absolutely impossible to find another\\naccusation against the licensed traffic in strong\\ndrink, this one line of argument ought to be suf-\\nficient in the sight of God, angels and men to\\nbrand the saloon as \u00c2\u00abthe most infernal type of a\\nnuisance that men or devils can possibly invent.\\nAgain we argue, that the friends of license\\nplainly indicate that the saloon is a nuisa?ice, inas-\\nmuch as they prohibit the bartender from selling to\\nthe insane person.\\nThe chief advocate of license and the leading\\nwitness in the defense testified that the friends\\nof license had placed a restriction in the text of\\nthe various license measures, prohibiting the\\nsaloon-keeper, who had previously paid three\\nhundred, five hundred or one thousand dollars\\nfor a year s lease of life to his business, from\\nselling to the insane person.\\nBy such action the promoters of license plainly\\nindicate that the principle of prohibition sump-\\ntuary legislation and unjust interference w 7 ith\\nmen s liberty is better suited to the protection\\nof the insane person than the principle of license", "height": "3750", "width": "2454", "jp2-path": "saloonnuisanceli00dill_0063.jp2"}, "64": {"fulltext": "56 THE SALOON A NUISANCE\\nall-wise, wholesome and well-directed temper-\\nance measures. This restriction is also intended\\nto cover the entire year, and like the restriction\\nrelating to the idiot, places the insane person and\\nthe idiot in the same category with minors. The\\ninsane person also is in need of a custodian and\\nshould be protected as a minor as long as he lives.\\nThe reason for this restriction is evident. If the\\nretail liquor men were permitted to sell to an\\ninsane person, and if he sliould become intoxi-\\ncated, it would result not only in exciting his\\npassions, but w r ould be like pouring oil upon the\\nflames of his insanity. If it requires one person\\nall the time to hold an insane person in safe\\ncustody when he is sober, it would no doubt re-\\nquire three persons to guard him with equal\\nsecurity if he was intoxicated. Hence, if one out\\nof every four persons was constantly both insane\\nand intoxicated, it would require the rest of man-\\nkind all the time to guard them as prisoners, and\\nthe race would soon perish from off the earth,\\nfor there would be no persons left to earn bread.\\nAgain we argue that the friends of license\\nplainly i?idicate that they had been dealing with a\\nnuisance, by placing a prohibitory or sumptuary\\nrestriction in the text of the various license\\nmeasures, forbidding the retail liquor ma?i to sell\\nto the Indian.", "height": "3750", "width": "2454", "jp2-path": "saloonnuisanceli00dill_0064.jp2"}, "65": {"fulltext": "AND LICENSE UNCONSTITUTIONAL. 57\\nThe leading witness in the defense testified\\nthat the person who had previously paid the\\nstipulated price for a year s lease of life to his\\nbusiness, etc, is prohibited from selling to the\\nIndian. This also is a concession on the part of\\nthe friends of license, that the principle of pro-\\nhibition sumptuary legislation and unjust\\ninterference with men s liberty is better suited\\nto the protection of the Indian than the principle\\nof license all-wise, wholesome and well-directed\\ntemperance measures. This restriction also\\ncovers the entire year.\\nAlthough common opinion would seem to in-\\ndicate that the Indian has but few privileges\\nwhich the white man is bound to respect, yet\\neven the friends of license seem to respect the\\nprinciple of prohibition, which they denounce as\\nsumptuary legislation and unjust inter-\\nference with men s liberty, as necessary for the\\nprotection of the Indian from the awful ravages of\\nstrong drink. He is a savage, you know, and\\nour government has sufficient difficulty in induc-\\ning him to continually smoke the pipe of peace\\nwhen he is sober, without permitting retail liquor\\nmen to sell to him. We are convinced of the fact\\nthat if the retail liquor men were permitted to fill\\nan Indian with fire-water, he would be liable to\\nfire the whole community church, school and alL", "height": "3750", "width": "2454", "jp2-path": "saloonnuisanceli00dill_0065.jp2"}, "66": {"fulltext": "53 THE SALOON A NUISANCE\\nAgain we argue that the friends of license\\nplainly indicate that the saloon is a nuisa?ice, in\\nthat they have placed a prohibitory restriction tn\\nthe text of the various license measures, forbiddijig\\nthe retail liquor men to sell to minors.\\nThe leading witness in the defense testified\\nthat the person who had previously paid three\\nhundred, five hundred or one thousand dollars,\\nfor a year s lease of life to his business, is pro-\\nhibited by the friends of license from selling to\\nminors.\\nThis prohibitory or sumptuary restriction\\nwas placed in the text of the various license\\nmeasures by the friends of license, for the protec-\\ntion of minors, and, like the preceding restrictions,\\nwas intended to cover the entire year. This is a\\nconcession on the part of the friends and pro-\\nmoters of license, that the principle of prohibi-\\ntion sumptuary legislation and unj ust\\ninterference with men s liberty is better suited\\nto the protection of minors than the principle of\\nlicense all wise, wholesome and well-directed\\ntemperance measures.\\nThis brings to mind again the peculiar opinion\\nof the perpetrators of license that that which\\nconstitutes unjust interference with the liberty\\nof compus mentis persons in the major state, is\\njust interference with the liberty of compus", "height": "3750", "width": "2454", "jp2-path": "saloonnuisanceli00dill_0066.jp2"}, "67": {"fulltext": "AND LICENSE UNCONSTITUTIONAL, 59\\nment s persons in the minor state. In other\\nwords, while compos mentis persons are in the\\nminor state they are to be protected by the prin-\\nciple of prohibition sumptuary legislation\\nand unjust interference with men s liberty.\\nBut just as soon as they reach the major state\\nthey are to be protected by the principle of license\\nall- wise, wholesome and well-directed temper-\\nance measures, until they become habitual\\ndrunkards, when they are placed again under the\\nprinciple of prohibition for their recovery and\\nrestoration.\\nThus the friends of license manifest their wil-\\nlingness to protect the boy so long as he is papa s\\nboy, and the girl so long as she is mamma s girl.\\nIn other words, they undertake to protect the boy,\\nin the application of the principle of prohibition,\\nuntil he is twenty years, eleven months, twenty-\\nnine days, twenty-three hours, fifty-nine minutes\\nand fifty-nine seconds old and the girl, after a\\nsimilar process of calculation, until after a long\\nand wearisome period of waiting, they are passed\\nby a single clock-tick from the minor into the\\nmajor state.\\nAgain we argue that the frieiids of license\\nplainly indicate that the saloon is a public nuisance,\\nin that they have placed a prohibitory restriction in\\nthe text of the various license measures, forbidding", "height": "3750", "width": "2454", "jp2-path": "saloonnuisanceli00dill_0067.jp2"}, "68": {"fulltext": "60 THE SALOON A NUISANCE\\nthe retail liquor men to sell to their regular cus-\\ntomers.\\nThe leading witness in the defense testified\\nthat the saloon-keeper who had previously paid\\nthree hundred, five hundred or one thousand\\ndollars for a year s lease of life to his business, is\\nprohibited from selling to the habitual drunkard.\\nIn stating the above proposition to be argued,\\nI mentioned that the retail liquor men were\\nprohibited from selling to their regular customers.\\nI have used the exact synonym for that which\\nthe friends and promoters of license have placed\\nin the text of the law. Regular customer is the\\nexact synonym for habitual drunkard it is\\nhabitual drunkard in the text of the law.\\n(At this juncture the attorney for the defense\\narose to his feet in a white heat of passion and\\ndemanded an explanation.) He said: Can I\\ntrust my ears Has the attorney in the prosecu-\\ntion lost his reason We will not suffer to have\\nheaped upon us the calumny of consummate\\nnonsense.\\nThe attorney in the prosecution has asserted\\nthat the friends of license have placed a restric-\\ntion in the text of the various license measures\\nprohibiting the retail liquor men from selling to\\ntheir regular customers. I wish to resent the\\nstatement, as an unpardonable insult to any sane\\nbody of law-makers.", "height": "3750", "width": "2454", "jp2-path": "saloonnuisanceli00dill_0068.jp2"}, "69": {"fulltext": "AND LICENSE UNCONSTITUTIONAL. 61\\nM Does the prosecuting attorney intimate that\\nthe friends of license have become a pack of idiots,\\nor a ranting set of fools? I know of no such\\nrestriction in the text of arly license measure. I\\nbeg your superior majesty to stay the argument\\nin the prosecution until there be either an appro-\\npriate apology or a satisfactory explanation.\\nProsecuting attorney, continuing I have no\\napology to offer but, I trust, the attorney in the\\ndefense shall have a satisfactory explanation in\\ndue time. I retract not an iota from my former\\nsetting forth of the truth. I have prepared my\\nargument in exact accordance with the text of the\\nvarious license measures as enacted by the friends\\nand promoters of license.\\nThe attorney in the defense seems to doubt the\\naccuracy of his hearing. It is my candid opinion\\nthat when the truth is once fully discovered it\\nwill cause the ears of all the advocates of license\\nto tingle.\\nIt has already been decided by this great\\ntribunal that this is a Christian nation, and I\\ntrust it is, sirs but if the retail liquor traffic, like\\nthe grocery business, or like the boot and shoe\\nbusiness, be a legitimate business, it is not the\\nact of a Christian nation to first tax the proprietor\\nof the saloon three hundred, five hundred or one\\nthousand dollars for a year s lease of life to his", "height": "3750", "width": "2454", "jp2-path": "saloonnuisanceli00dill_0069.jp2"}, "70": {"fulltext": "62 THE SALOON A NUISANCE\\nbusiness, then by a series of all- wise, wholesome\\nand w r ell- directed temperance measures prohibit\\nhim from selling to the idiot, to the insane person,\\nto the Indian, to minors, and last of all to his\\nregular customers.\\nIf the above restrictions be properly enforced,\\nwhat is the poor fellow to do Does he not pay\\ndearly for the privilege of entering into a peculiar\\nbusiness, in a peculiar location, under peculiar\\ncircumstances; and for the other privilege of sit-\\nting down to do nothing Am I not justifiable in\\narriving at the conclusion that the government\\nthat will continue to impose such embarrassing\\nconditions upon a legitimate business is worse\\nthan barbarous, in this particular at least.\\nNow as to the demanded explanation. I trust\\nthe explanation I am now about to offer may\\nhave soothing effect upon the learned, but not\\nwell-regulated attorney. The attorney in the\\ndefense is a scholar, and will no doubt under-\\nstand the appropriate use of an exact synonym.\\nA synonym is a word, phrase, clause or sentence\\nthat means just the same as another word, phrase,\\nclause or sentence when used instead thereof.\\nWhen I stated that the friends and promoters of\\nlicense had placed a prohibitory restriction in the\\ntext of the various license measures, forbidding\\nthe retail liquor men from selling to their regular", "height": "3750", "width": "2454", "jp2-path": "saloonnuisanceli00dill_0070.jp2"}, "71": {"fulltext": "AND LICEXSE UNCONSTITUTIONAL. 63\\ncustomers, I used the exact synonym for habitual\\ndrunkards. It is habitual drunkard in the text of\\nthe various license measures. The retail liquor\\nmen are prohibited from selling to the habitual\\ndrunkard. The friends of license have adopted\\nthe principle of prohibition sumptuary legisla-\\ntion and unjust interference with men s\\nliberty for the protection of the habitual drunk-\\nard. Now, the habitual drunkard is the man\\nwho has the habit of drinking often until he is\\nintoxicated. If he drinks only once in a while,\\nor frequently, every person will call him an\\noccasional or frequent drinker. If he has the\\nhabit of drinking very often, say seven times a\\nday and nine or more times on Sabbath then\\nevery person will call him an habitual drunkard.\\nXow, he who has the habit of drinking so very\\noften must of necessity buy often, and he who\\nbuys often is a regular customer anywhere.\\nHence, regular customer is the exact synonym for\\nthe term habitual drunkard. The friends and\\npromoters of license have adopted the principle of\\nprohibition sumptuary legislation and un-\\njust interference with men s liberty for the pro-\\ntection, recovery and restoration of the habihtal\\ndrunkard, the regular customer, the manufactu? ed\\nfool.\\nO, Honorable Sirs I would rather be the idiot,", "height": "3750", "width": "2454", "jp2-path": "saloonnuisanceli00dill_0071.jp2"}, "72": {"fulltext": "64 THE SALOON A NUISANCE\\nor born-fool, and be protected by the principle of\\nprohibition sumptuary legislation and un-\\njust interference with men s liberty all my life,\\nthan the habitual drunkard, the regular customer,\\nthe manufactured fool, and be protected afterward.\\nWouldn t you? The habitual drunkard, regular\\ncustomer, manufactured fool, is\\nA ]\\\\flan fill Drunk.\\nHe is a graduate from a licensed school of an-\\narchy. His hair is drunk it is all dishevelled.\\nHis eyes are drunk they are all blood-shot. His\\nnose is drunk it is all aflame. His mouth is\\ndrunk it is filled with cursing. His tongue is\\ndrunk it is grown so thick that it should rent a\\nlarger room. His face is drunk it is his grad-\\nuating parchment, the bartender s traveling\\nbulletin. His brain is drunk he has lost his\\nequilibrium. His hands are drunk he strikes\\nhis wife and child as readily as he does the blank\\nair. His feet are drunk when he would go for-\\nward he goes backward when he would turn to\\nthe right he turns to the left, and when he would\\nturn to the left he turns to the right. Feet down\\noften means head down standing erect often\\nmean his horizontal measurement in the gutter.\\nHe does everything in an inverted order. He", "height": "3750", "width": "2454", "jp2-path": "saloonnuisanceli00dill_0072.jp2"}, "73": {"fulltext": "AND LICENSE UNCONSTITUTIONAL. 65\\ngreets his father as his son, and his son as his\\nfather his brother as his uncle, and his uncle as\\nhis brother his daughter as his niece, and his\\nniece as his daughter his wife as his grand-\\nmother, and his grandmother as his wife. When\\nhe laughs he cries, and when he cries he laughs.\\nHe may be found at the street-corner embracing\\nthe lamp-post, and pathetically pleading to be\\nreconciled to his long-divorced wife. His soul is\\ndrunk his heart is become a cage for every foul\\nbird and for every unclean beast. He is finan-\\ncially, physically, intellectually and morally bank-\\nrupt. He has ceased to be patriotic, and is\\nutterly disqualified, not only for every form of\\nindustrial life, but for every species of military\\nduty. He is the semi-putrid subject for the vir-\\nulent attack of every pestilential disease.\\nThus more than two million five hundred\\nthousand persons are already disqualified by the\\nauthority of the State, not only for the successful\\npursuit of industrial life, but bearing arms in\\ndefense of the country.\\nO, Honorable Sirs I repeat it I would rather\\nbe the idiot or bornfool, and be protected by the\\nprinciple of prohibition sumptuary legisla-\\ntion and unjust interference with men s\\nliberty all my life, than become the habitual\\ndrunkard, regular customer, manufactured fool,\\nand be protected afterward. Wouldn t you?", "height": "3750", "width": "2454", "jp2-path": "saloonnuisanceli00dill_0073.jp2"}, "74": {"fulltext": "66 THE SALOON A NUISANCE\\nFinally under this proposition The friends of\\nlicense plainly indicate that the saloon is a nuisance,\\nin that they have placed a prohibitory rest? r iction i?i\\nthe text of the various license measures, forbidding\\nthe retail liquor men to sell to any perso?i.\\nThe chief advocate of license and the leading\\nwitness in the defense testified that the saloon-\\nkeeper, whose character had been established to\\nthe satisfaction of the license court, by the testi-\\nmony of two good freeholders, each worth at\\nleast two thousand dollars who had been en-\\ncouraged to enter into the retail liquor business\\nby the consent of a majority of the freeholders on\\nboth sides of the street after having paid the\\nsum of three hundred, five hundred or one thou-\\nsand dollars for a year s lease of life to his busi-\\nness, when located two hundred, three hundred\\nor four hundred feet from a church or school, the\\nlogical geometrical center of a favored circular\\narea and after having been informed by the\\nfriends and promoters of license, in a series of\\nprohibitory or sumptuary restrictions, that he\\nwas not to sell to idiots, to insane persons, to\\nIndians, to minors, nor to habitual drunkards\\nhis regular customers he is then informed, last\\nof all, that he must not sell to any person.\\nI perceive that the attorney in the defense is on\\nhis feet again. He appears, in his great excite-\\nment, to display in his countenance the seven", "height": "3750", "width": "2454", "jp2-path": "saloonnuisanceli00dill_0074.jp2"}, "75": {"fulltext": "AND LICENSE UNCONSTITUTIONAL. 67\\ncolors of the rainbow, only with a little more\\nmurkiness and a little less brilliancy. This time\\nhe appears to be able only to gesticulate and to\\nfill the court-room, as it were, with facial grimaces.\\nBecoming incompetent at oral display, he seems\\nto have become a child again and to have returned\\nto the vigorous use of natural language, as the\\nnext best means to make himself to be compre-\\nhended by the court. If I may not be permitted\\nto proceed with my argument until we shall have\\nsucceeded in soothing him, perhaps the court will\\npardon me if I should sing to him that sweetest\\nof all lullabies\\nBackward, turn backward, O time in your flight\\nMake me a child again just for to-night, etc.\\nRock me to sleep, mother, rock me to sleep.\\nAnd now since the good order of the court is\\nonce more restored, I wish emphatically to declare\\nthat the friends and promoters of license have put\\nthemselves on record in the text of the various\\nlicense measures in the exact manner as stated\\nwhich statement caused the attorney in the\\ndefense to raise such a commotion.\\nWhile the perpetrators of license continued in\\nintense ire to denounce the principle of prohibi-\\ntion as sumptuary legislation and unjust\\ninterference with men s liberty, yet at the same\\ntime they embodied the same principle in the text\\nof the various license measures, for the protection", "height": "3750", "width": "2454", "jp2-path": "saloonnuisanceli00dill_0075.jp2"}, "76": {"fulltext": "68 THE SALOON A NUISANCE\\nof certain classes of persons, as above enumerated,\\ncovering the entire year and for all the rest of\\nmankind covering a creditable part of the year.\\nThey made it unlawful, by a series of prohibitory\\nrestrictions, for the retail liquor men at any time,\\nor anywhere, to sell to idiots, to insane persons,\\nto Indians, to minors, to habitual drunkards, and\\nfifty-four days in the year the fifty-four best days\\nin the year, on fifty-two Sabbaths and on two\\nelection days they made it unlawful for the\\nretail liquor men to sell to any person. They\\nmust have been guided by the conviction that the\\nprinciple of prohibition sumptuary legisla-\\ntion and unjust interference with men s\\nliberty is absolutely necessary for the protec-\\ntion of the classes in need of guardian care, three\\nhundred and sixty-five days in the year and for\\nall the rest of mankind fifty-four days in the year,\\nin order that we might attain to quiet Sabbaths\\nand quiet elections.\\nIf the principle of prohibition is to be regarded\\nas all-wise, wholesome and well-directed for\\nthe protection of certain classes of persons three\\nhundred and sixty-five days in the year, and for\\nall the people fifty-four days in the year, how\\ndoes the principle cease to be all-wise, whole-\\nsome and well-directed if chosen for the protec-\\ntion of all the people fifty-four days plus three\\nhundred and eleven days more each year?", "height": "3750", "width": "2454", "jp2-path": "saloonnuisanceli00dill_0076.jp2"}, "77": {"fulltext": "AND LICENSE UNCONSTITUTIONAL. 69\\nIf the application of the principle of prohibition\\ninsures quiet Sabbaths and quiet elections, accord-\\ning to the mind of the friends of license, as is ex-\\npressed in the text of the various license measures;\\nwill it not insure a quiet year, if adopted for the\\nremaining three hundred and eleven days Does\\nit not seem strange, that the business which is\\nprohibited from selling to certain classes of per-\\nsons three hundred and sixty-five days in the\\nyear, and to all the people fifty-four days in the\\nyear, should become the most lucrative business\\non earth It is estimated that the retail liquor\\ntraffic gleaned twelve hundred million dollars last\\nyear from the drinking classes, and that the\\ndrinking classes lost more than an equal sum in\\nwage-earning time. The aggregated loss to the\\ndrinking classes would thus amount to two billion\\nfour hundred million dollars in a single year.\\nEstimating the aggregated wealth of our country\\nat seventy-two billion dollars, at the above rate of\\nloss, it would require but thirty years to bankrupt\\nthe entire resources of the nation, if we did not\\nflee from the awful calamity by the natural and\\nindustrial increase of wealth. We are accustomed\\nto complain of hard times, of over-production, of\\nbank failures, of lack of confidence, of strikes and\\nlock-outs, and of destitution and want. While\\nthe cry of over-production has been made to ring", "height": "3750", "width": "2454", "jp2-path": "saloonnuisanceli00dill_0077.jp2"}, "78": {"fulltext": "THE SALOON A NUISANCE\\nin our ears, we would have but little trouble to-\\nday in finding millions of persons who are ready\\nto swear by the god Bacchus, that the great trouble\\nis under-consumption. Call no more extra ses-\\nsions of Congress for the repeal of a Sherman\\nAct hold no more long sessions of Congress for\\nthe purpose of doctoring a sickly tarifff, or the\\nnurturing of infant industries until they become\\ngiant trusts. Let the retail liquor men be gener-\\nous for once. Let them turn the losses accruing\\nto the drinking classes last year to me, and I will\\nrun the Government for one year, relieve every\\nbusiness which financial depression touches, and\\nhave enough money left to feed, clothe and shelter\\nall the poor in the land through seven years of fam-\\nine. Surely that which brings such destitution,\\nwant and misery to so many millions of our fellow-\\ncitizens constitutes a public nuisance both in a legal\\nand moral sense. So convinced am I of this fact,\\nthat I verily believe, that if God should permit the\\nfallen spirits to enjoy a year s vacation at the\\nNorth pole, on condition that they would spend\\nthe whole time in an endeavor to invent a more\\ninfernal type of a nuisance, to be a substitute\\nfor the licensed saloon that if they were honest\\ndevils and true to their profession, at the end of\\nthe time they would confess their incompetency,\\nand adjourn sine die, and return to their native", "height": "3750", "width": "2454", "jp2-path": "saloonnuisanceli00dill_0078.jp2"}, "79": {"fulltext": "AND LICENSE UNCONSTITUTIONAL.\\nplace of torment mortified at their failure, and\\nutterly disgusted with themselves, that they had\\nbeen outdone in this particular by the friends and\\npromoters of license.\\nSECTION V.\\nIiieense Unconstitutional.\\nIn entering upon the discussion of this proposi-\\ntion, I desire to call the attention of the court to\\nthe fact, that there are more than three million\\nvoters in our great republic who are professing\\nChristians a mighty balance of power, able to\\ndictate the Christian policy of this great nation,\\nif they were only willing to indicate to the domi-\\nnant political parties that they had determined to\\nstand together, in defense of every interest of\\nChrist s kingdom. It is one thing to pass\\nresolutions in the conferences and assemblies\\nof the churches, in the interests of Christian\\ncivilization and quite another thing to vote\\nwith the vulgar and the profane, to legalize\\nthe paramount interests of the kingdom of\\nSatan. I call Heaven and earth to witness that\\nthe Judge of all the earth will hold the Church of\\nChrist responsible for the continuance of the traffic\\nin strong drink, since she refuses to exercise the\\npower with which her glorious and exalted Head", "height": "3750", "width": "2454", "jp2-path": "saloonnuisanceli00dill_0079.jp2"}, "80": {"fulltext": "72 THE SALOON A NUISANCE\\nhas invested her, to stamp out the last vestige of\\nthe iniquitous business in a single year. I can do\\nno better than to repeat, at this juncture, in the\\naudience of the court, the concensus of the opin-\\nion of the entire Church of Christ in reference to\\nthe evil traffic in strong drink, as is voiced in the\\nresolutions of the conferences and general assem-\\nblies of the Churches.\\nJVIethodist Hpiseopal Chut*eh on\\nProhibition.\\nThe General Conference of the Methodist Epis-\\ncopal Church at its quadrennial session in Omaha,\\nNebraska, in May, 1892, among a series of ring-\\ning resolutions, adopted the following as number\\nfour of the set\\n(4) Attitude toward the Traffic. We\\nreiterate the language of the Episcopal Address of\\n1888 The liquor traffic is so pernicious i7i all its\\nbeari?igs, so inimical to the interests of honest trade,\\nso repugnant to the moral sense, so injurious to the\\npeace a?id order of society, so hurtful to the home, to\\nthe Church, and to the body politic, and so utterly\\nantagonistic to all that is precious in life, that the\\nonly proper attitude toward it, for Christians, is\\nthat of relentless hostility. It can never be legal-\\nized without sin. We concur in the Episcopal", "height": "3750", "width": "2454", "jp2-path": "saloonnuisanceli00dill_0080.jp2"}, "81": {"fulltext": "AND LICENSE UNCONSTITUTIONAL.\\nAddress 0/1892, where it is declared: In our\\njudgment the saloon is an unmixed evil, full of\\ndiabolism, a disgrace to our civilization, the chief\\ncowuptor of political actio?t a?id a co?itinual menace\\nto the order of society and the peace and purity of\\nour homes. Believing as we do that the traffic in\\nintoxicating beverages sustains the relation of an\\nefficie?it cause to the vice of intemperance, we hold\\nthat no member of the Methodist Episcopal Church\\ncan co?isistently contribute by voice, vote or influ-\\nence to the perpehcation and protection of that\\ntraffic. We declare before all the ivorld that the\\nChurch of God ought to be known ahvays and every-\\nwhere as the relentless a?id uncompromising foe of\\nthis tmgodly business, and that it is the duty of\\nevery Christian to wage ceaseless warfare against it.\\nPresbyterian Chureh on Prohibition.\\nThe General Assembly of the Presbyterian\\nChurch, at its triennial session in Portland, Ore-\\ngon, May and June, 1892, adopted the report of its\\nCommittee on Temperance, protesting against the\\nlegalizing of th\u00c2\u00a3 liquor traffic in Alaska, and re-\\naffirming the deliverances of former Assemblies,\\nand branding the saloon license as a curse. The\\nreport adds", "height": "3750", "width": "2454", "jp2-path": "saloonnuisanceli00dill_0081.jp2"}, "82": {"fulltext": "74 THE SALOON A NUISANCE\\nIt is the sense of this Committee that, while it is\\nnot in the province of the Church to dictate to any\\nman how he shall vote, yet the Committee declares\\nthat no political party has the right to expect the\\nsupport of the Christian men so long as that party\\nstands committed to the lice?ise policy, or refuses to\\nput itself on record against the saloon.\\nUtterances of Other Religious Bodies.\\nNearly all the different religious denominations\\nliave made official utterances against the liquor\\ntraffic. Those utterances, more in detail than\\nthey can be given here, will be found in The\\nCyclopedia of Temperance and Prohibition,\\nunder the name of the respective denominations.\\nA few extracts will show the drift of these declar-\\nations\\nLutheran {English Branch), June, 1887. The\\nright, and therefore the wisest and most efficient,\\n\u00e2\u0096\u00a0method of dealing with the traffic in alcoholic liquors\\nfor drinking purposes is its suppression and we,\\ntherefore, also urge those who comprise the Church\\nwhich we represent to endeavor to secure in every\\nState the absolute prohibition of the vianufadure\\nand sale of intoxicating liquors as a beverage.\\nBaptist {through American Baptist Home Mis-\\nsion Society), iSgo. Resolved, That we declare", "height": "3750", "width": "2454", "jp2-path": "saloonnuisanceli00dill_0082.jp2"}, "83": {"fulltext": "AND LICENSE UNCONSTITUTIONAL. 75\\nourselves among its {the liqucr traffic s) most relent-\\nless foes, believing that it has no defensible right to\\nexist.\\nRoman Catholic {Baltimore Ple?iary Council),\\n1 884.-5. We warn our faithful people who sell\\nintoxicating liquors to consider seriously by how\\nmany a?id how serious dangers and occasions of sin\\ntheir business although lawful in itself\u00e2\u0080\u0094 is sur-\\nrounded. If they can, let them choose a more hon-\\norable way of making a living.\\nUnited Presbyterian {General Assembly), 1S89.\\nThat any form of license or taxation of the liquor\\ntraffic is unscriptural in principle and contrary to\\ngood government. That total abstinence is\\nthe only safe rule for the individual, and prohibi-\\ntio?i by law of the sale of intoxicating liquors as a\\nbeverage the true method of dealing with this terri-\\nble evil by the State.\\nCumberland Presbyterian {General Assembly),\\ni88g. That nothing short of constitutional and\\nstatutory prohibition of the manufacture and sale\\nof intoxicating liquors as beverages, by the United\\nStates and the several States, will be satisfactory\\nand to this end we will pray and work.\\nI am indebted to The Handbook of Prohibi-\\ntion Facts/ as edited by Wilbur F. Copeland,\\nand as published by Funk Wagnall s, of New\\nYork, for the compilation of the above resolutions", "height": "3750", "width": "2454", "jp2-path": "saloonnuisanceli00dill_0083.jp2"}, "84": {"fulltext": "76 THE SALOON A NUISANCE\\nof the Churches. The resolutions speak for them-\\nselves, and are but the solemn breathings of the\\ngreat denominations on this all-perplexing ques-\\ntion. The resolutions, no doubt, are in perfect\\naccord with the mind of Christ, and the only\\ncomment I wish to make may be clearly discov-\\nered in the following question Where is the\\nsocial and moral conscience of the Christian\\npeople, in passing such resolutions through their\\nrepresentative assemblies, while nearly ninety-five\\nper cent, of the voting constituency of the\\nChurches continued to cast their ballots for the\\npolitical parties which favored the legalizing of\\nthe very evil against which the resolutions were\\ndirected\\nVile men in high places may continue, by stat-\\nutory enactment, to authorize that which tends to\\ncreate vice and immorality yet the day w T ill\\ncome, with the progress of a higher civilization,\\nwhen the Supreme Court will declare the nefari-\\nous imposition unconstitutional. I believe the\\ntime has arrived for just such a decision and it\\naffords me unbounded pleasure at this moment to\\narraign the entire license system relating to the\\ntraffic in strong drink as unconstitutional. While\\nmillions of our people were perishing under the\\nravages of the legalized plague, we were made to\\nlament the conscienceless slowness of our nobler", "height": "3750", "width": "2454", "jp2-path": "saloonnuisanceli00dill_0084.jp2"}, "85": {"fulltext": "AXI) LICENSE UNCONSTITUTIONAL. 77\\ncitizens to move for a redress of our grievances.\\nThe infernal traffic has already branded the curse\\nof Cain on many faces, and when the unconsti-\\ntutionality of the traffic shall have been estab-\\nlished, it will require from three to four genera-\\ntions of righteous living to emancipate the race\\nfrom under the evil effects of the hereditary curse.\\nWe believe we have already succeeded in estab-\\nlishing the fact that the saloon is a public nuis-\\nance, both in a legal and in a moral sense and we\\nshould have but little difficulty in convincing the\\ncourt that it is unconstitutional to license a public\\nnuisance. It might be well to repeat the fact that\\nwhen once a public nuisance has been discovered,\\nthere is no recognized principle at law for dealing\\nwith the same that does not provide for its abate-\\nment. In entering into the real merits of the dis-\\ncussion of this proposition, it is necessary to\\nattain to a clear understanding of the relationship\\nof the three general classes of law as it exists in\\nGod s plan, and as it must be received by all na-\\ntions in the Millennial state. A careful study of\\nthe diagram which I now exhibit to the court,\\ntogether with the analysis which follows, will\\nmake the whole matter clear to every careful\\nobserver.", "height": "3750", "width": "2454", "jp2-path": "saloonnuisanceli00dill_0085.jp2"}, "86": {"fulltext": "h++++++++++++ F\u00c2\u00a5 FFl-+W*R^+W-\\nbHi\u00c2\u00b1\u00c2\u00b1\u00c2\u00b1\u00c2\u00b1\u00c2\u00b1\u00c2\u00b1\u00c2\u00b1i\u00c2\u00b1i\u00c2\u00b1\u00c2\u00b1\u00c2\u00b1\u00c2\u00b1\u00c2\u00b1d\\nGOD OVER ALL\\nChrist is King The Bihle Law!\\n^W Wf ^w W\u00c2\u00bb IW W\u00c2\u00bb ^W Wj *W ^5\\n#1\\nV VI VII VIII IX X|\\n{Rights of God j Rights of ManJ", "height": "3888", "width": "2681", "jp2-path": "saloonnuisanceli00dill_0086.jp2"}, "87": {"fulltext": "AND LICENSE UNCONSTITUTIONAL.\\nThe moral Liaua.\\nThe first section of this diagram, beginning at\\nthe bottom, is spoken of as the Divine Law. We\\nhave in mind the Decalogue, as is indicated by\\nthe Roman characters. The Decalogue is\\nIiacu of the First Order\\nand in its two tables, in a perfect way, it ex-\\npresses the rights of God and the rights of man.\\nIt is (speaking reverently) the briefest intelligible\\ndigest of the wisdom of God for the government\\nof man in every sphere of human existence. It is\\nthe Christian basis of government. It is supreme\\norganic; it is supreme perfect it is supreme inde-\\npende?it. It is master of all other law, and all\\nother law is its servant. It should command all\\nother law, and all other law should obey. It is\\nsupreme organic, because its Author is the Supreme\\nOrganizer of all things. It is supreme perfect,\\nbecause its Author is the only all-wise Law-Giver.\\nIt is supreme independent, because its Author is\\nthe only self-existent, independent Law-Giver. It\\nis law of the first order, because it was enacted\\nby the Supreme Power of Heaven, and always\\ncommends right by prohibiting wrong. It is\\nconstitutional and universal, intended to govern", "height": "3750", "width": "2454", "jp2-path": "saloonnuisanceli00dill_0087.jp2"}, "88": {"fulltext": "80 THE SALOON A NUISANCE\\nthe hearts and lives of all people everywhere. It\\nis the perfect law of liberty, and should be\\nrecognized as supreme orga?iic law in all Christian\\ncountries. Being supreme perfect, when its pre-\\ncepts shall be perfectly obeyed, it will absolutely\\nfree the country from all civil and criminal\\noffenses.\\nJVIa^im.\\nIt is absolutely impossible for a citizen in any\\ncountry, under any form of government, ever to\\ncommit either a civil or criminal offense without\\nit resulting either in a direct or indirect violation\\nof one or more principles of the Decalogue.\\nHence, the Law of Christ, as is expressed in\\nthe Decalogue, covers man s entire conduct in\\nevery sphere of human existence, and logically it\\nshould be recognized everywhere as of supreme\\nauthority in civil matters. It is, in very fact,\\nLaw of the First Order.\\nThe court will observe wdiile I circumscribe\\nthe second section of the diagram. Within this\\nsection I have written\\nConstitutional Liacu,\\nwhich I designate as Law of the Second Order.\\nI thus make law of the second order to rest logic-\\nally and securely upon law of the first order.\\nThe Constitution of the State and nation should", "height": "3750", "width": "2454", "jp2-path": "saloonnuisanceli00dill_0088.jp2"}, "89": {"fulltext": "AND LICENSE UNCONSTITUTIONAL. 81\\nbe regarded as law of the second order, at least,\\nuntil they be brought into perfect accord with\\nlaw of the first order. The Constitution of the\\nState and nation, not being the product of the\\nmind of an all-wise law-giver, cannot logically\\nrank above law of the second order. Thomas\\nJefferson and his associates, in preparing the\\nConstitution of our country, were not all-wise.\\nWe have already rectified fifteen mistakes by as\\nmany amendments, in a little more than a period\\nof one hundred years and it is possible that we\\nmay be able yet to rectify as many other mis-\\ntakes, before the Constitution law of the second\\norder be brought into perfect accord with the\\nMoral Law law of the first order. Since law of\\nthe first order has continued for nearly four c\\nthousand years without any one being -able to\\nattach a single amendment, law of the second\\norder should recognize the same as its master,\\nand be made to rest thereon as the Christian basis\\nof government. Hence, the logical and natural\\nrelationship which exists between law of the first\\norder and law of the second order is that of master\\nto servant. It is always the prerogative of a\\nmaster to command and of a servant to obey. If\\nlaw of the second order was made to recognize the\\nlaw of Christ law of the first order as of\\nsupreme authority in civil matters, we would", "height": "3750", "width": "2454", "jp2-path": "saloonnuisanceli00dill_0089.jp2"}, "90": {"fulltext": "82 THE SALOON A NUISANCE\\nthen have a constitutional guarantee for all our\\nChristian usages, as well as constitutional pro-\\nhibition of all the ills that afflict society. If the\\nChristian people could be made to see clearly the\\ngreat advantage of such relationship, I believe\\nthey would unite as one man to bring it to pass\\nin the enactment of a Christian amendment to the\\nConstitution of the United States.\\nThe establishment of such relationship between\\nlaw of the first order and law of the second order\\nis not only logical and natural, but it is absolutely\\nnecessary, that we may attain to the highest\\npossible constitutional guarantee for all those\\nstatutes which, in defense of our Christian\\nusages, are found to be in perfect accord with the\\nlaw of Christ. Such relationship is also necessary\\nfor the speedy setting aside of all those statutes\\nas unconstitutional which are in direct conflict\\nwith the law of Christ, and which prove so hurt-\\nful to society.\\nThe court will now observe while I bound two\\noblong figures, a little separated the one from the\\nother, and both resting upon the Constitution, or\\nupon law of the second order. I have written on\\none of these figures Statutory Law, and designated\\nthe same as Law of the Third Order I have\\nwritten upon the other figure, Common Law, and\\ndesignated this also as Law of the Third Order.", "height": "3750", "width": "2454", "jp2-path": "saloonnuisanceli00dill_0090.jp2"}, "91": {"fulltext": "AND LICENSE UNCONSTITUTIONAL. 83\\nStatutory and Common Liacu,\\nWhile I am aware of the fact that in Great\\nBritain, where there is no written constitution,\\nthe decisions of the King s Bench, which are often\\ndesignated as the Common Law of England, are\\nregarded as taking the place of a written constitu-\\ntion. Yet, in our own country, where we have a\\nwritten constitution, Common Law seems to\\nadmit of another definition, which would logically\\nretire it to a parity with statutory law, which will\\naccount for our marking it the same as statutory\\nlaw law of the third order.\\nStatutory and Common Liaca Defined.\\nStatutory Law is enacted by our State Legisla-\\ntures and by the Congress of the L nited States.\\nAll such enactments when executed, administered\\nand enforced, to be law in fact, and to be constitu-\\ntional, should, according to a directory principle\\nin constitutional law, tend to promote either the\\neducational, the industrial, or the moral and\\nsocial welfare of the people.- If a statutory\\nenactment proves to be detrimental to any or all\\nof these interests, it is law in name only, and at\\nthe first opportunity it should be set aside as\\nunconstitutional.\\nCommon Law in our countrv aside from the", "height": "3750", "width": "2454", "jp2-path": "saloonnuisanceli00dill_0091.jp2"}, "92": {"fulltext": "81 THE SALOON A NUISANCE\\ndecisions of the Supreme Court) is the common\\nacceptation of a principle on the part of the\\npeople, as though it were a statute, where no\\nstatute had ever been enacted relating to that\\nparticular principle. Hence this particular form\\nof common law is on a parity with statutory law,\\nand must be regarded as law of the third order.\\nThis diagram, as an eye-picture, presents to the\\ncourt a clear and perfect analysis of the relation-\\nship of the three general classes of law as it exists\\nin God s plan and as it must be received by all\\nnations in the Millennial state. Then the Moral\\nLaw, or the Law of Christ, will everywhere be\\nrecognized as law of the first order. It will every-\\nwhere be recognized as the Christian basis of\\ngovernment. Then law of the first order will\\ncommand law of the second order, and law of the\\nsecond order will obey. Then law of the second\\norder will command law of the third order, and\\nlaw of the third order will obey. Then the\\nprophetic song of the herald angels will be ful-\\nfilled in the culmination of the ultimate intention\\nof Christ s advent into the world Glory to God\\nin the highest, and on earth peace, good-will\\ntoward men.\\nThe court will now observe its own important\\nplace in the diagram. The figure in which is\\nwritten Judiciary Decisions is in the form of", "height": "3750", "width": "2454", "jp2-path": "saloonnuisanceli00dill_0092.jp2"}, "93": {"fulltext": "AND LICENSE UNCONSTITUTIONAL. 85\\nthe letter T, and represents the efficient and\\nfelicitous position of the Supreme Court. The\\nlower end of the letter T rests, like Statutory and\\nCommon L,aw, upon the Constitution, indicating\\nthat all the decisions of the Supreme Court should\\nbe true to that foundation. The right and left\\narms of the letter T rest securely upon Statutory\\nand Common L,aw and hold them to their founda-\\ntion, indicating plainly that when the Supreme\\nCourt looks at a statute, or an ordinary principle\\nat Common L,aw, it must view the principle in\\nthe light of the Constitution and if found to be\\ntrue to the spirit and letter of that instrument, it\\nmust declare the principle constitutional and hold\\nthe same in sure contact with the foundation\\nforever. When a statute or a principle of\\nCommon Law is found to be in violation of the\\nspirit or letter of law of the second order, it is the\\nduty of the Supreme Court to set it aside as\\nunconstitutional.\\nOn this wise and unique plan, God is over all.\\nChrist is the providential King over the nation\\nand the Bible, in so far as it is applicable to\\nnations, is law for the nation. Although, at the\\npresent time, there is no suitable recognition of\\nChrist and His law in the Constitution, yet the\\nConstitution, in the real spirit and intention of its\\npreamble, affords ample grounds for declaring that", "height": "3750", "width": "2454", "jp2-path": "saloonnuisanceli00dill_0093.jp2"}, "94": {"fulltext": "86 THE SALOON A NUISANCE\\nthe entire license system, authorizing the sale of\\nintoxicating beverages, is unconstitutional. Do\\nthose statutory enactments which authorize the\\nsale of intoxicating beverages, when executed,\\nadministered and enforced, tend to promote either\\nthe educational, the industrial, or the moral and\\nsocial welfare of the people That is the great\\nquestion which we ask this court to decide. Does\\nit help to promote a man s educational interests\\nfor him to become an habitual drunkard in a\\nlicensed saloon Does it enable him to make the\\nbest possible use of the education which cost the\\nState so much money to furnish to him Does it\\ntend to promote his industrial interests Does it\\nenable him to succeed so well in his vocation or\\nindustrial calling that his time and services will\\nbe everywhere in demand Does it tend to make\\nhim a better man, morally speaking, until he is a\\nperfect example for our children to follow Does\\nit fit him for the enjoyment of heaven These\\nare some of the questions which an anxious world\\nwill expect you to answer when you hand down\\nyour decision. We will then understand whether\\nthe two hundred and fifty thousand licensed dram-\\nshops in our country have really succeeded in\\npromoting the educational, the industrial, or\\nthe moral and social welfare of the two million\\nfive hundred thousand habitual drunkards which", "height": "3750", "width": "2454", "jp2-path": "saloonnuisanceli00dill_0094.jp2"}, "95": {"fulltext": "AND LICENSE UNCONSTITUTIONAL. 87\\nhave been graduated from our licensed schools of\\nanarchy.\\nEvery legislative enactment, therefore, which\\ntends to subvert the educational, the industrial, or\\nthe moral and social welfare of the people, is not\\nonly in treasonable relationship to the real pur-\\npose of constitutional law, but may be regarded\\nas a deadly thrust at the very life of the State.\\nAll such enactments are law in name only. It\\nmust now appear plain to every one that the stat-\\nutes enacted by the several States and by Con-\\ngress, authorizing the sale of strong drinks, are in\\ntreasonable relationship not only to every interest\\nof society, but to the spirit and letter of the Con-\\nstitution. Men may perpetrate treason against\\ntheir country in two ways First, by conspiracy,\\nin a direct attempt at the overthrow of the Gov-\\nernment. Second, in the wilful enactment and\\nadministration of statutory measures in direct\\nconflict with law of the first and second order.\\nThe most acute form of treason may be discov-\\nered in the conduct of the high official who is\\nsworn to administer statutory measufes which are\\nfound to be in direct conflict with law of the first\\nand second order. The Supreme Court has already\\ndecided that the principle of prohibition is consti-\\ntutional in the Kansas cases, which were carried\\nup by the liquor men. Can the opposite principle", "height": "3750", "width": "2454", "jp2-path": "saloonnuisanceli00dill_0095.jp2"}, "96": {"fulltext": "88 THE SALOON A NUISANCE\\nof license also be constitutional If two direct\\nopposites, relating to one and the same question,\\nare both constitutional, when viewed in the light\\nof one and the same constitution, then anything\\nbetween the opposites must also be constitutional.\\nThis being true, all things are constitutional and\\nthere can be absolutely nothing for a Supreme\\nCourt to set aside. Such fallacy in legislation\\nwould annihilate the necessity for the existence\\nof a Supreme Court for there w r ould be nothing\\nfor a Supreme Court to set aside. Such a decision\\nwould render the Supreme Court as illogical as\\nthe great prophet Isaiah declared the children of\\nJudah and the inhabitants of Jerusalem to be\\nwhen he exclaimed, Woe unto them that call\\nevil good, and good evil; that put darkness for\\nlight, and light for darkness that put bitter for\\nsw T eet, and sweet for bitter. The Supreme Court\\nhas already commended right when it pronounced\\nthe prohibitory law of Kansas constitutional. The\\ncourt must commend wrong and call evil good if\\nit declares the opposite principle of license also\\nconstitutional.\\nThe friends and promoters of license have\\ndenounced the advocates of the principle of prohi-\\nbition as cranks and fanatics. We will now\\nclassify those who must fall under such reproach-\\nful stigmas. First, the members of", "height": "3750", "width": "2454", "jp2-path": "saloonnuisanceli00dill_0096.jp2"}, "97": {"fulltext": "AND LICENSE UNCONSTITUTIONAL. 89\\nThe Continental Congress.\\nThe Continental Congress passed the following:\\nunanimous prohibitory resolution on February 27,\\n1777, the year after signing the Declaration of Inde-\\npendence Resolved, That it be recommended to\\nthe several Legislatures in the United States, imme-\\ndiately, to pass laws the most effective to prevent the\\npernicious practice of distilling grain, by which\\nthe ?nost exte?isive evils are likely to be derived, if\\nnot quickly prevented. This was the unanimous\\nresolution of the Congress of the United States,\\nat a time when American patriotism had reached\\nthe high-w r ater mark. Yet, if those heroes of\\nthe Revolution had lived in the days of Canteen\\nGriggs and William the Silent, they would\\nhave been denounced as cranks and fanatics,\\nby the leaders of the dominant license parties.\\nThe resolution had behind it the same noble\\npatriotism that inspired and prompted the Decla-\\nration of Independence during the preceding year.\\nIf the great statesmen the early fathers and\\nfounders of our great republic were resurrected\\nto-day, and participated in directing the affairs of\\nthe State and nation, they would be compelled to\\njoin the ranks of the Prohibition Part} T The\\npresent generation has fallen heir to the extensive\\nevils which were anticipated in the above resolu-\\ntion, because the pernicious practice of distilling", "height": "3750", "width": "2454", "jp2-path": "saloonnuisanceli00dill_0097.jp2"}, "98": {"fulltext": "90 THE SALOON A NUISANCE\\ngrain was not quickly prevented. The Act of\\nCongress which authorizes the collecting of an\\ninternal revenue from the distillers and brewers\\nof our country is to be regarded as the voice of\\nthe dominant license parties, and as a part of the\\nmodern all-wise, wholesome and well-directed\\ntemperance measures/ On every Fourth day of\\nJuly, the leaders of the dominant license parties\\ncelebrate the patriotism of Washington, Adams,\\nJefferson, Hamilton and Hancock while, at the\\nsame time, they denounce their compeers in\\nthe grtat cause of prohibition as cranks and\\nfanatics. They shout themselves hoarse in\\npraise of our prohibition fathers, and at the same\\ntime, they authorize the schools of anarchy, where-\\nin were graduated the assassins of Moffet, Gam-\\nbrell and Haddock. Woe unto you for ye build\\nthe sepulchres of the prophets, and your fathers\\nkilled them. Truly, ye bear witness that ye allow\\nthe deeds of your fathers for they indeed killed\\nthem, and ye build their sepulchres.\\nAbraham Liineoln.\\nSecond Abraham Lincoln must also be listed\\nwith the cranks and fanatics. If he w r as\\nresurrected to-day, he would be under the neces-\\nsity of joining the ranks of the Prohibition Party.\\nHear that marvelous instrument the phonograph", "height": "3750", "width": "2454", "jp2-path": "saloonnuisanceli00dill_0098.jp2"}, "99": {"fulltext": "AND LICENSE UNCONSTITUTIONAL. 91\\nre-utter a section from the speech of Abraham\\nLincoln, as delivered by him on the 22d day of\\nFebruary, 1842 Whether or not the world would\\nbe vastly benefited by the total and final banishment\\nfrom it of all intoxicating drinks, seems to me not\\nnow an open question. Three-fourths of majikind\\nconfess the affirmative with their tongues; a?id, I\\nbelieve, all the rest acknowledge it in their hearts.\\nAnd, when the victory shall be complete\\nwhen there shall be neither a slave 7ior a drunkard\\n07i the earth how proud the title of that land which\\nmay truly claim to be the birthplace and the cradle\\nof both those revolutions that shall have ended in that\\nvictory. Hoiv nobly distinguished that people who\\nshall have planted and nurtured to maturity both\\nthe political and moral freedom of their species.\\nIf Abraham Lincoln was alive to-day, and should\\nutter such heaven-inspired words in an inaugural\\naddress at the Capitol at Washington, he would at\\nonce become as prominent a target for the dagger\\nor the bullet of an assassin as any of those who\\nhave fallen in martyrdom to the great cause of\\nprohibition.\\nGrove? Cleveland.\\nThird: Grover Cleveland, the friend and pro-\\nmoter of license, was also a crank and\\nfanatic. Hear him in his annual message to", "height": "3750", "width": "2454", "jp2-path": "saloonnuisanceli00dill_0099.jp2"}, "100": {"fulltext": "92 THE SALOON A NUISANCE\\nCongress, in December, 1892 It being the plai?i\\nduty of this Government to aid in suppressing the\\nnefarious traffic, impairing as it does the praise-\\nworthy and civilizing efforts now in progress in\\nthat region I recommend that an act be passed\\nprohibiting the sale of arms and intoxicants to the\\nnatives in the regulated zone by our citizens.\\nHow are we to account for such a declaration,\\ncoming from a whiskey President, administering\\nthe affairs of the G3vernment upon a whiskey\\nplatform Perhaps he had become a fairy, with-\\nout wings, for the time, and was transported in an\\nair-ship to mid-ocean, a mile above the imaginary\\nline that marks the neutrality of waters, where\\nwith great freedom he could declare that he was\\na citizen of no country where he could turn his\\nface toward the shores of the Dark Continent and\\ndeclare with all the buoyancy of an angel that the\\ntraffic in strong drink is nefarious when\\npracticed upon the unconverted heathen, while\\nthe praiseworthy and civilizing efforts of\\nthe Christian church are being put forth for their\\nconversion and then, turning his face toward the\\nshores of our Christian republic, he could declare\\nwith the subtlety of the devil that the licensed\\ntraffic in strong drink was all-wise, wholesome\\nand well-directed, when practiced upon those\\nwho were already converted.", "height": "3750", "width": "2454", "jp2-path": "saloonnuisanceli00dill_0100.jp2"}, "101": {"fulltext": "AND LICENSE UNCONSTITUTIONAL. 93\\nIf it be possible that the principle of license is\\nnefarious when practiced by our citizens upon\\nthe dark-complected heathen while they are in the\\nprocess of conversion, how does the same principle\\nbecome all-wise, wholesome and well-directed\\nwhen practiced by our citizens upon the fairer-\\nskinned Caucasians who are already converted\\nThe Supreme Court of the United States.\\nAccording to the past decisions of the Supreme\\nCourt of the United States, this august tribunal\\nmust also be classed with the cranks 1 and\\nfanatics, by the present living statesmen in\\nour country. It must now appear evident to the\\nCourt that many of our modern statesmen, the\\nassociated press, and even many professing\\nChristians are all so subsidized by the rum-power\\nas to be ready to do its bidding in our national\\nconventions, at the ballot box, in the halls of\\nCongress and in the majority of our State Legis-\\nlatures. The iniquitous power of the traffic to\\ncorrupt all that is pure and good is a strong\\nargument in support of the proposition that\\nlicense is unconstitutional. The Supreme Court)\\nwhen dealing with the Kansas cases, in justifica-\\ntion of the prohibitory law, used the following\\nlanguage: A public nuisa?ice may be abated.\\n(The reference is in regard to the licensed saloon,", "height": "3750", "width": "2454", "jp2-path": "saloonnuisanceli00dill_0101.jp2"}, "102": {"fulltext": "94 THE SALOON A NUISANCE\\nor speak-easy.) Everything prejudicial to the\\nhealth or morals of a city may be removed,\\nis not necessary for the sake of justifying the State\\nlegislation, now under consideration, to array the\\nappalliyig statistics of misery, pauperism and\\ncrime, which have their origin in the use or abuse\\nof ardent spirits. The above utterances of the\\ncourt, as I have already intimated, were called\\nforth in defense of the prohibitory law of Kansas,\\nand in opposition to the principle of license. In\\nfurther procedure of the Kansas cases the Supreme\\nCourt used the following language We cannot\\nshut out of view the fact, within the knowledge of\\nall, that the public health, the public morals, and\\nthe public safety, may be endangered by the general\\nuse of intoxicati?ig drinks nor the fact established\\nby statistics accessible to every one, that the idleness,\\ndisorder, pauperism, and crime existing in the\\ncountry are in some degree, at least, traceable to\\nthis evil\\nThis is the evil which a Canteen Griggs and a\\nWilliam the Silent did seek to encourage and\\ncondone. I presume that modern statesmen of\\nthis type would be ready to denounce the mem-\\nbers of the Supreme Court as cranks and\\nfanatics, because of the above opposition to the\\nprincipleof license, which the dominant politicians\\nare accustomed to laud as all- wise, wholesome\\nand well-directed temperance measures.", "height": "3750", "width": "2454", "jp2-path": "saloonnuisanceli00dill_0102.jp2"}, "103": {"fulltext": "AND LICENSE UNCONSTITUTIONAL. 95\\nIn the decision of the Supreme Court of the\\nUnited States in the case of California vs. Christ-\\niansen, the court used the following language\\nThere is no inherent right in a citizen to sell\\ni?itoxicating liquors by retail it is not a privilege\\nof a citizen of a State, or of a citizen of the United\\nStates. We understand that each citizen has the\\ninherent right to life, liberty and the pursuit of\\nhappiness. Our nation prides herself in a will-\\ningness to exhaust her resources in defense of the\\nreal rights of her citizens. The right to sell\\nintoxicating liquors as a beverage is not a real\\nright. Under the guise of right it is a tremendous\\nwrong against life, liberty and happiness.\\nThis is true in the case of every habitual\\ndrunkard. The sale of that which creates idle-\\nness, misery, destitution, pauperism, immorality\\nand crime should be declared an enormous wrong,\\na public nuisance, and forever be set aside as\\nunconstitutional. Men can claim to have an\\ninherent right to sell that only which tends to\\npromote life, liberty and the pursuit of happi-\\nness.\\nThe Public Health and the Publie JVIorals\\nDefended.\\nThe Supreme Court has said 1V0 legislature\\ncan bargaiyi away the public health or the public", "height": "3750", "width": "2454", "jp2-path": "saloonnuisanceli00dill_0103.jp2"}, "104": {"fulltext": "96 THE SA LOON A N I ISA X( 1 E\\n7norals. The people themselves cannot do It, much\\nless their servants. Gover?ime?it is orga?iized with\\na view to their preservation, and camiot divest\\nitself of the power to piwide for them. United\\nStates Supreme Court in Kansas eases.\\nThus we see that to license the traffic in strong\\ndrink is to barter away the public health, the\\npublic morals and the public safety. We see also\\nthat our public servants have undertaken to do\\nwhat the people themselves have no right to do.\\nWe see, moreover, how the very functions of gov-\\nernment are perverted and prostituted to the\\nfostering of disease, misery, idleness, pauperism,\\nimmorality and crime. Our officials, the public\\nservants, have become the public masters, while\\nthe sovereign people have lost their sovereignty\\nand are at the mercy of the official oligarchy.\\nThe government originally organized with a view\\nto the preservation of the public health, the public\\nmorals and the public safety, is now under\\ncontract to barter these interests away for a\\ncorruptible and corrupting revenue. We pray\\nthe Supreme Court to-day to restore to the\\nsovereign people the power which has been stolen\\nand bartered away .by a subsidized hoard of\\nusurpers. We ask the court to re-breathe one of\\nits former Heaven-inspired utterances If, there-\\nfore, a statute purporting to have been enacted to pro-", "height": "3750", "width": "2454", "jp2-path": "saloonnuisanceli00dill_0104.jp2"}, "105": {"fulltext": "AND LICENSE UNCONSTITUTIONAL. 97\\ntect the public health, the public morals, or the public\\nsafety, has no real or substantial relation to those\\nobjects, or is a palpable invasion of rights secured\\nby the fundamental la7v, it is the duty of the courts\\nto so adjudge, and thereby give effect to the Consti-\\ntution. We claim that the statutory enactments,\\nauthorizing and giving direction to more than\\ntwo hundred and fifty thousand licensed dram-\\nshops, do not tend to promote the public health,\\nthe public morals or the public safety, but the\\nvery opposite. We claim that all such enact-\\nments are a palpable invasion of rights secured\\nby the fundamental law, and that it is the\\nduty of the courts to so adjudge, and thereby\\ngive effect to the Constitution. We not only\\nbelieve the license measures to be a palpable inva-\\nsion of rights secured by the fundamental law,\\nbut also that they are in direct conflict with every\\ninterest of society and with the spirit and letter of\\nevery principle of the preamble of the Constitu-\\ntion of the United States. But time and space\\nwould fail us in being able to cite the felicitous\\nprofusion of the utterances of the Supreme Court\\nagainst the evils of the traffic in strong drink.\\nWe believe the above citations to be abundantly\\nample to convince the world as to the unconstitu-\\ntionality of the iniquitous business.\\nWe have chosen to license", "height": "3750", "width": "2454", "jp2-path": "saloonnuisanceli00dill_0105.jp2"}, "106": {"fulltext": "98 THE SALOON A NUISANCE\\nThe Direst Thing of the Ages.\\nThe direst thing of the ages is the most impious\\nthing that the greatest age of light and oppor-\\ntunity tolerates. For men are judged according\\nto the light they possess. To whom much is\\ngiven, of him shall much be required. The direst\\nthingof the ages exists now, and has thrown around\\nit the shield of Governmental approval and protec-\\ntion, in the midst of the most resplendent light\\nthat ever illumined the annals of time. Like an\\nosseous cancer, it has fastened itself, as it were,\\nupon the bone and tendon of the Church and\\nState, and premonates death to both, if the dis-\\nease receive not heroic treatment, before the third\\nand last stage of the malady be established.\\nWhen we have carefully diagnosed the case we\\nare able to discover from the semi-idiotic leer on\\nmany faces that the curse of heredity has sur-\\ncharged the life-fluid of men of every clime, every\\nhue, every rank and station. If we should apply\\nto them the term of lunatic, it would not be\\ninappropriate. When we have diagnosed the case\\nand we are asked the question, Doctor, what is\\nthe matter I would reply It is a disease that\\naffects the afflicted like the poison of asps. It is\\nan insidious, deadly virus. The hold and reign\\nof king Alcohol upon a world of nations is most\\nruinous. May God save both the Church and", "height": "3750", "width": "2454", "jp2-path": "saloonnuisanceli00dill_0106.jp2"}, "107": {"fulltext": "AND LICENSE UNCONSTITUTIONAL. 99\\nthe State from dissolution and death, caused by a\\ndisease so appalling and loathsome. As the\\nchurches blush and hang their heads to-day for\\nshame when the mantle is lifted but a little from\\ntheir actions regarding human slavery, so will\\nthey in the days of our grandchildren be ashamed\\nof the duplicity of their fathers in passing proper\\nresolutions against the retail liquor traffic, and\\nleaving them as far from moral enforcement\\nand discipline as Michael left Lucifer after his\\nnine days fall from Paradise. The churches of\\nthe future may wish that the unenforced resolu-\\ntions of their fathers were buried so deep that\\nGabriel s trumpet would never resurrect them to\\naccuse their authors in the final judgment.\\nWhen God wrote resolutions He wrote them in\\nlightning, announced them in thunder, and con-\\njoined them with the discipline: The nation\\nand kingdom that will not serve thee shall perish\\nfjf yea, all those nations shall be utterly wasted.\\nWe now present a diagram showing most\\nclearly the unreasonableness and unconstitution-\\nality of the liquor traffic, and the great interests\\nthat demand its immediate prohibition.", "height": "3750", "width": "2454", "jp2-path": "saloonnuisanceli00dill_0107.jp2"}, "108": {"fulltext": "+\u00c2\u00b1\u00c2\u00b1rrirfcifc:+\u00c2\u00b1+4-+\u00c2\u00b1\u00c2\u00b1\u00c2\u00b1\\nr\\ni\\n11 r^^^u^^\\n+++fH-*-T^-H^4^^^^\\nfc\u00c2\u00b1\\n3B\\no\\n1 u\\nEVERY^\\nNATIONAL, DOMESTIC\\nPERSONAL^ INTEREST\\nDEMANDS\\nABSOLUTE\\n11=\\nr-\\nCD\\n-J\u00e2\u0080\u0094\\nCO\\n-u-\\nCO\\no\\nCD\\ns\\no\\nPi\\nCD\\nUHlHEDlflTE -S\\nAND\\nUfiCOfllDITIOflAIi\\nVs.\\nBN\\na\\no\\nCD\\nO\\nj PROHIBITION\\nco[ fe\\nt i\\nm\\nm\\n11\\nJj\\n2\\nt-\\n*a\\nw\\nCD\\nex\\nM\\n2\u00c2\u00a3.\\nCO\\nec\\n\u00e2\u0096\u00a0Ctf\\n-D\\nhH\\nflCGOHDflNCE\\nWITH THE\\nBIBLE\\nAND THE\\nPflEAlWBIiE\\nTHE\\nHJ\\nOf\\ntX\\nUU\\n-a\\nCO\\nOf\\ni-a i-\\ni\\nH\u00e2\u0080\u0094\\nB\u00e2\u0080\u0094\\nCONSTITUTION.\\nH--r", "height": "3888", "width": "2681", "jp2-path": "saloonnuisanceli00dill_0108.jp2"}, "109": {"fulltext": "AND LICENSE UNCONSTITUTIONAL. 101\\nFollowing the line suggested by the diagram,\\nI this day contend that every national, domestic\\nand personal interest demands the absolute, imme-\\ndiate and unconditional PROHIBITION of the traf-\\nfic in strong drink, and this in accordance with the\\nBible and the preamble of the Constitution of the\\nUnited States, as it should rest upon the MORAL\\nLAW. I repeat that every true interest demands\\nthe prohibition of the traffic in strong drink.\\nThe Church; The State; The Home; The\\nMind; The Body; The Vocation; Union;\\nJustice Tranquility Welfare Defense\\nLiberty all of these great institutions, organiza-\\ntions, causes, interests and principles, when taken\\ntogether, in one grand chorus demand the abso-\\nlute, immediate and unconditional PROHIBITION\\nof the licensed traffic in strong drink in accordance\\nwith the Bible and the preamble of the Constitu-\\ntion of the United States as it should rest upon\\nthe MORAL LAW.\\nI append the following poem at the request of\\nthe Supreme Court. The court intimated that\\nthe pathetic language of the poem came to the\\nmind of the members of the court like the voice of\\nmillions of fathers and mothers calling the one to\\nthe other, O, which way will you have your boy\\ntogo?", "height": "3750", "width": "2454", "jp2-path": "saloonnuisanceli00dill_0109.jp2"}, "110": {"fulltext": "102 THE SALOON A NUISANCE\\nWhich Way Will you Have Your Boy to Go?\\nO, which way will you have your boy to go?\\nTwo well-marked roads beyond do part, you know\\nThe mountain-path the straight and narrow way\\nAnd the decline, where fogs and mists do play.\\nThat fair young form, your boy, will tread but one\\nHe cannot travel both, nor travel none\\nJust over one he s bound to pass, you know\\nO, which way will you have your boy to go\\nO, which way will you have your boy to go\\nYour boy may travel fast, or travel slow\\nYet travel must the way of peace and life,\\nOr else the way of sin and shame and strife.\\nThe way where God is loved where heart is pure,\\nOr path of lust that leads to ruin sure\\nYes, over one he s bound to pass, you know\\nO, which way will you have your boy to go\\nO, which way will you have your boy to go\\nYou know he 11 run for weal, or run for woe\\nHe 11 find the path that leads to yon bright home\\nOr find the road to death the sinner s doom\\nHe ll find the fount where sin is washed away,\\nOr find his vileness grow more vile each day.\\nFor over one he s bound to pass, you know\\nO, which way will you have your boy to go\\nO, which way will you have your boy to go\\nThat fair and tender child you cherish so\\nO, will you launch his bark on waters bright,\\nAnd bid him watch for heaven s beacon light\\nOr have him guide his boat with wayward hand,\\nAnd eat and drink and sport with drunken band\\nFor over one he s bound to pass, you know\\nO, which way will you have your boy to go", "height": "3750", "width": "2454", "jp2-path": "saloonnuisanceli00dill_0110.jp2"}, "111": {"fulltext": "AND LICENSE UNCONSTITUTIONAL. 103\\nO, which way will you have your boy to go\\nDear mother, say Tis God who wants to know.\\nOur country opes a way that she should close,\\nLets demons crush our boys with mortal blows\\nFor by a license-law strong drink is sold,\\nTo fill our homes with death her vaults with gold\\nYes, over one he s bound to pass, you know\\nO, which way will you have your boy to go\\nO, which way will you have your boy to go\\nThe drunkard s swift descent far down below,\\nWhere vile debauch deforms the fairest life,\\nWhere man dishonors sister, mother, wife?\\nOr royal road where all who walk are blest\\nDear father, say, which way do you think best\\nFor over one he s bound to pass, you know\\nO, which way will you have your boy to go\\nO, which way will you have your boy to go\\nShall Jesus cleanse from sin make white as snow\\nWill you instruct his lips to temp ranee mild\\nOr have his passsons fired, his soul defiled\\nHe ll drink his wine, and quaff his demon bowl,\\nAnd run with speed unto his dreadful goal\\nFor over one he s bound to pass, you know\\nO, which way will you have your boy to go\\nO, which way will you have your boy to go\\nBeyond the clouds where crystal waters flow\\nTo sparkling seas to thrones of glory bright\\nTo mansions where the Saviour is the light\\nOr far adown the slope of endless death\\nTo drunkard s grave to prison house beneath\\nFor over one he s bound to pass, you know\\nO, which way will you have your boy to go", "height": "3750", "width": "2454", "jp2-path": "saloonnuisanceli00dill_0111.jp2"}, "112": {"fulltext": "104 THE SALOON A NUISANCE\\nSECTION VI.\\nMourning a Lost Cause.\\nIt is reported that when the time had arrived\\nfor the attorney in the defense to proceed with\\nthe closing argument, that he broke down com-\\npletely, claiming to be indisposed, and after\\nrequesting the court to carefully consider the\\ncause of the defense from the brief by which the\\ncase was originally conveyed to the court, he sank\\ninto a seat, buried his face in his hands, and\\ncontinued to weep and sob aloud as if his heart\\nwould break, until his friends were obliged to\\nassist him from the court-room to his home, where\\nhe made the statement that he had determined\\nnever again to appear in the defense. Hence\\nthis page is appropriately set in mourning, and is\\nentitled\\nMourning a Lost Cause.", "height": "3750", "width": "2454", "jp2-path": "saloonnuisanceli00dill_0112.jp2"}, "113": {"fulltext": "AXD LICEXSE UXCOXSTITUTIOXAL. 105\\nSECTION VII.\\nDecision of the Supreme Court.\\nTruth and justice are inseparably united. When\\ntruth looks down from Heaven, righteousness and\\njustice should mutually kiss each other. The\\ngradual infusion of truth into the hearts and souls\\nof men is but the power of the spiritual forces of\\nthe unseen world lifting us into a higher and\\npurer civilization. The court is cognizant of the\\nfact, as presented by the prosecuting attorney,\\nthat the Law of Christ, as it is expressed in the\\nDecalogue, is the briefest intelligible digest of the\\nwisdom of God for the government of men in\\nevery sphere of human existence. When men\\ncarefully observe and obey the first four great\\nprinciples of the Decalogue, they truly respect\\nGod s rights and God s rights extend to every\\npart of the universe. When men properly observe\\nand obey the other six principles of the Decalogue,\\nthey are simply obedient to the perfect bill of\\nhuman rights, and they remain free from com-\\nmitting civil or criminal offences. The two tables\\nof the Decalogue, when taken together, consti-\\ntute the perfect law of liberty because, when\\nperfectly obeyed, it results in the highest type of\\nliberty. While the Constitution of the United\\nStates is commonly regarded as the supreme law", "height": "3750", "width": "2454", "jp2-path": "saloonnuisanceli00dill_0113.jp2"}, "114": {"fulltext": "106 THE SALOON A NUISANCE\\nof the land, it is the plain duty of the Supreme\\nCourt, in agreement with the prosecuting attor-\\nney, to inform the people that the Moral L,aw is\\nsupreme organic, supreme perfect, supreme inde-\\npendent. Hence, the logical relationship of the\\nhuman law to the divine must forever continue to\\nbe the same as that of servant to master. There-\\nfore, we must come to recognize the law of Christ,\\nin so far as it relates to nations and governments,\\nas the final source to which appeal is made in all\\nmatters of jurisprudence. For Blackstone says:\\nThat is not law which controverts the law of\\nGod. This appears to be the spirit of the\\nunwritten constitution, as may be discovered in\\nthe hearts and lives of a large majority of our\\ncitizens, and should, at the earliest possible oppor-\\ntunity, find suitable expression in the fundamen-\\ntal law of the land. The court observes that the\\nChristian character of our institutions indisputa-\\nbly establishes the fact of the Christian character\\nof the nation. Moreover, in order that we may\\nbe able in a more perfect way to protect the good\\norder of society, and to promote every human\\ninterest, Congress and the several States have\\nseen fit, either in a direct or indirect manner, to\\nre-enact into statutory law every principle of\\nthe Decalogue. We wish to emphasize the fact\\nthat the proper enforcement of the principles", "height": "3750", "width": "2454", "jp2-path": "saloonnuisanceli00dill_0114.jp2"}, "115": {"fulltext": "AXD LICENSE UNCONSTITUTIONAL. 107\\nof the Decalogue is the surest guarantee to the\\nhighest type of liberty. We must come to\\nrecognize the law of Christ as the Christian\\nbasis of government, in order that we may\\nsucceed in the complete suppression of vice,\\nimmorality and crime. The evolution of the\\nsocial conscience, in our land of Bibles and\\nchurches, has made such rapid progress that the\\nglory of this, the second decade of the twentieth\\ncentury, may be said to surpass that of the clos-\\ning decade of the nineteenth century almost as\\nfar as the light of day surpasses that of the night.\\nThe voice of a Piatt, a Quay, a Hanna and a\\nCroker is no longer heard in our land. Our gov-\\nernors and presidents are no longer required to\\ndance to the tune of the crack of the lash of\\npolitical ringmasters. In view of these facts, the\\nSupreme Court is unanimous in its opinion that\\nthe saloon is a public nuisance, both in a legal\\nand moral sense and that the licensed traffic in\\nstrong drink is a palpable invasion of all human\\nrights, an insult to the intelligence of man. and\\nan unpardonable outrage upon every immortal\\ninterest. We also pronounce the entire system\\nof license, relating to the traffic in strong drink.\\nto be inimical to society, injurious to the home,\\nthe Church and the State, defiling even the black-\\nest pages of history, and should be declared", "height": "3750", "width": "2454", "jp2-path": "saloonnuisanceli00dill_0115.jp2"}, "116": {"fulltext": "108 THE SALOON A NUISAXCE\\nunconstitutional. It is that which has caused\\nmen in high places to laugh at abounding iniquity\\nand to stand in the way of the progress of refor-\\nmation. It has proved to be in direct hostility to\\nthe educational, the industrial, the moral and\\nsocial welfare of all the people. When suc i\\nperversion of the real intention of constitutional\\nlaw appears in statutory enactment, it is the duty\\nof the Supreme Court, when properly approached,\\nto declare such sacriligious attempt at legislation\\nunconstitutional, and thereby give effect to the\\nConstitution. In view of the Diagram and all the\\ninterests it represents interests of the most\\nmomentous character interests relating to the\\nhome, the church, and the nation interests per-\\ntaining to the soul and body of man, to his life\\nhere and hereafter interests extending through-\\nout the vast eternity in view of all this, and of\\nthe awful havoc wrought upon these interests\\nby the retail liquor business, we are unani-\\nmous in the opinion that the saloon is a public\\nnuisance, both in a legal and in a moral sense;\\nand that license, in so far as it relates to the traffic\\nin strong drink, is unconstitutional. We there-\\nfore call upon the government to suppress the\\nsaloon as a public nuisance. In support of this\\ndecision, and for the benefit of an anxious and\\nexpectant people, w T e append a few of the previous\\nutterances of the Supreme Court", "height": "3750", "width": "2454", "jp2-path": "saloonnuisanceli00dill_0116.jp2"}, "117": {"fulltext": "A XI) LICENSE UNCONSTITUTIONAL. 109\\nI. Xot an Inherent Right.\\nThere is no inherent right i?i a citizen to sell\\nintoxicatiiig liquors by retail it is not a privilege\\nof a citizen of a State, or of a citizen of the United\\nStates. United States Supreme Court, California,\\nvs. Christiansen.\\nII. Can the Legislature Confer the\\nRight\\nNo Legislature can bargain away the public\\nhealth or the public morals. The people themselves\\ncannot do it; much less their servants. Govern-\\nment is organized with a view to their preservation\\nand cannot divest itself of the power to provide for\\nthem. United States Supreme Court, Stone vs.\\nMississippi.\\nIII. Can This Apply to License?\\nFor we cannot shut out of view the fact, within\\nthe knowledge of all, that the public health, the pub-\\nlic morals, and the public safety may be enda?igered\\nby the gejieral use of intoxicating drinks ?ior the\\nfact, established by statistics accessible to every one,\\nthat the disorder, pauperism and crime prevalent in\\nthe coiuitry are, in so?ne degree at least, traceable to\\nthis evil. United States Supreme Court in Kan-\\nsas Cases.", "height": "3750", "width": "2454", "jp2-path": "saloonnuisanceli00dill_0117.jp2"}, "118": {"fulltext": "110 THE SALOON A NUISANCE\\nIV. Thk Saloon a Source of Crime.\\nThe statistics of every State show a greater\\namount of crime and misery attributable to the use\\nof arde?it spirits obtained at these retail liquor\\nsaloons than to any other source. United States\\nSupreme Court, California, vs. Christiansen.\\nV. The Duty of the Supreme Court to\\nSet Aside Such Measures.\\nIf therefore, a statute purporting to have been\\nenacted to protect the public health, the public mor-\\nals or the public safety, has no real or substantial\\nrelation to those objects, or is a palpable invasion of\\nrights secured by the fu?idamental law, it is the\\nduty of the courts to so adjudge, arid thereby give\\neffect to the Constitution. United States Supreme\\nCourt.", "height": "3750", "width": "2454", "jp2-path": "saloonnuisanceli00dill_0118.jp2"}, "119": {"fulltext": "", "height": "3750", "width": "2454", "jp2-path": "saloonnuisanceli00dill_0119.jp2"}, "120": {"fulltext": "", "height": "3750", "width": "2454", "jp2-path": "saloonnuisanceli00dill_0120.jp2"}, "121": {"fulltext": "", "height": "3750", "width": "2454", "jp2-path": "saloonnuisanceli00dill_0121.jp2"}, "122": {"fulltext": "", "height": "3750", "width": "2454", "jp2-path": "saloonnuisanceli00dill_0122.jp2"}, "123": {"fulltext": "", "height": "3750", "width": "2454", "jp2-path": "saloonnuisanceli00dill_0123.jp2"}, "124": {"fulltext": "LIBRARY OF CONGRESS\\n027 279 919 2", "height": "4124", "width": "2728", "jp2-path": "saloonnuisanceli00dill_0124.jp2"}}