Newspapers / State Prohibition Organ (Raleigh, … / July 18, 1881, edition 1 / Page 1
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July" etix, isai ft t .-.- The Prohibitory Bill. The following is the Prohibitory Act as it passed "both llouscs of the Legislature, with all the amendments inserted at the proper places. It is an exact copy of the ; bill jag enrolled and ratified : x AN -XCT TO PROHIBIT THE MANUFAC TURE - AND SAIE OF SPIBITUOUS AND g general Assembly of North Carolina Ha enact: -: ... o : -j -' - .: . cetJT10 That any persons who shall manufacture, bay or sell, cither directly or Indirectly, any .spirituous or malt li quors, except wines 4nd tider, or by any " shift, subterfuge or device, spirituous li . :quors or any liquors f) which spirituous s - liqupr is a material or constituent part, in .'anyiquantity in this State, otherwise than , by this act provided, shall be guilty of a misdemeanor and upon conviction there of in any court of record having Jurisdic tion of same shall be fined not less than one'hundred nor more than o:e thousand dollars, and be imprisoned irf the discre . tionJ of the court. I i SEC. 2: That spirituous liquors or liquids . of which spirituous liquora are a material and", constituent part, may be kept and - sold as by this- act provided and. in no " other way or manner, only for medical, ) chemical alid mechanical purposes, and for ,these purposes, only- by a druggist, apothecary or physician, who shall have obtained a license in pursuance 'of the provisions of this act, allowing him to sell theHsame for such purposes; and any druggist or physician who shall have ob tained such license shall not keep at any time a greater quantity of such spirits on thand than thirty gallons ; and shall not sell to any person a1 greater quantity, at . one, time,. than one gallon . 1 . " Sec. 3. The County Commissioners of the several counties in the State may, r npon application made to them, drily in thejwny in this section provided, bya druggist, apothecary or physician, grant ; a licen se to last one year and no longer,. to selsuch spirituous liquors as are. men--; tioried in this act only for medicinal, ' rchemical and mechanical purposes, and in ( the .way and . manner in this act directed, , and no other; but before granting any 4 such license they shall ascertain arid find by the oath and examination of two or; more sober and respectable' citizens of ! their county, that such applicant is a so- ' . "ber,! reliable and trustworthy person ; and, ' they shall record the names of the citizens . j so : by them xam i ued and the facts so , fourid by theni upon the minutes of their proceedings in connection with the orders ' -and proceedings granting such license ; -. and any druggist, apothecary or physician desiring to obtain sueh license, shall ap ' ply for the same by petition setting forth ;.tha$ he is a druggist, apothecary or phy sician in the county where such' applica 5 ticil is made-the place where he sells drugs and medicines or regularly practices medicinesthat he desires to keep and sell guch liquors only for medicinal, chemical and mechanical purposes; that he will not knqwingly keep or sell such liquors other wise, nor in greater quantities than as by this act allowed, and that he will well, truly and faithfully keep and observe the . provisions of "this act so far las the same are. applicable, to him ; such petitioner ! sha)l subscribe and swear to; his petition, and the same shall be filed arid preserved amng the papers and records of the County Commissioners before whom it ; shall be presented. But no druggist, pOlhecary or physician shall be licensed to .411 any of the spirituous or malt liquors v rein mentioned, until he has executed '.nd given to the Board of Commissioners f the county wherein the liquors are pro-' posed to be sold, a bond with good and . .. s.imcient security, to be duly Justified in a sum ef not less than five hundred dol- vlars and not more than five thousand dol lars, conditioned that he will faithfully comply with and perform all the require- - ments and conditions of this act. The said bond shall be recorded and filed as . in eases of official bonds and whenever thesaid commissioners shall have reason . to believe that the party so licensed lias violated any of said conditions or promises they may put the same in suit and prose cute to judgment and in addition thereto they may for good .cause revoke said) license first giving to the holder thereof at least two days' notice of the time when a motion to revoke will be made, f - ',.) Sec. 4. A druggist, apothecary or phr ' sicEari having a license to keep and sell , sucn spirituous liquors as by this act pro vided, shall not sell the same to any one person, at one time, a greater quantity thari one gallon, nor in any quantity, un less the person applying to purchase the sanje shall present and deliver the certifi cate of a sober and respectable practicing r physician, not a licensed dealer under this act given upon his honor,, to the effect that such spirituous liquors so required are in . fact required for medical.purposes ; or a like certificate of. a sober, respectable i chemist or artist, that such spirituous -liquors ,: are required , in fact for chemical purposes ; or a like certificate of a sober, ; respectable mechanic that such spirituous . liqoors so required are in fact required for mechanical purposes; and if any physician, - chemistrtist or mechanic shall makeany such certificate falsely stating or suggest ' ing, the purpose for which sueh spirituous ' liquors specified by him are required, every 1 such physician, chemist, artist or me chanic making such false certificate, shall be deemed guilty of a misdemeanor, and upon, conviction in any court of record; having jurisdiction thereof, shall .be fined ; not less than one hundred nor more than five hundred dollars, and may, in the dis cretion of the court, be imprisoned. Sec. 5. Every druggist, apothecary or physician who .shall have a licence to sell such spirituous liquors as provided for in this act, and shall violate the provisions of the same in. any respect,-directly or indirectly, Or by any shift or subterfuge, shall for every such violation thereof be deemed guilty of a misdemeanor, and ; upon conviction in any- court of record haying jurisdiction shall be fined not less than one hundred dollars nor more than five hundred dollars, and be imprisoned ; in the discretion of the court; and more over shall forfeit his said license to '..be cancelled by the court; and if any clerk or employee of such druggist, apothecary' i : i .li ' a.- ' . or jjij.) aiuictu biia.il .m any way violate ine ; provisions of thi3 act under pretense of j selling such spirituous liquors for his em-' ployer or otherwise, he shall for every-? such offense be deemed guilty of a misdef meanor, and upon conviction in any court I of record having jurisdiction shall be fined not les3 than fifty dollars nor more than one hundred dollars, and-be imprisoned, at the discretion of the court. .. . I .. Sec. 6.' That this act shall have no force ! nor effect until the first day of October; J A. D., 1831; and on and after that day it i shall have full force and effect. -I Sec. 7. That an election shall be held! by the qualified electors in the State on .the first Thursday in August next to take ; the sense of the electors of this State up-; on the question of prohibition: those ?de-f siring prohibition shall vote a printed or written ticket with the words: " ForJ'ro hibition " on it; those opposed to prohibi tion shall vote a written or printed ticket with the words: 4 Against Prohibition on it. The election herein provided for in this election shall be held under thel same ' rules and regulations and the re-, turns to be made as are now provided by ! law for the election of Judges of the Supe-j rior Court, and the Board of County Com missioners of the several counties of the State shall in the mariner therein pre-; scribed appoint registrars and judges of said election: Provided, That if at the said election a majority of the votes so: cast be Against Prohibition,' then and! in that case no person shall be prosecuted or punished for any violation of this act. And it U further provided, That upon the counting of the ballots as aforesaid the Governor of the State shall issue his proc lamation declaring the result thereof. Frohibiticm Constitutional. ,The constitutionality of prohibitory laws has been settled by the" highest tribunals. The foll6wing extracts are from the records of the Supreme Court of the United States : t ' ' Chief Justice Tanjeyj said: ' liIt any State deems the'retail and in ternal traffic in arden spirits injurious to its citizens, and ealcaftued to produce- idleness, vice, or fdebaifiMiery , I -seer nothing in the Constitution of the United States to prevent it from regulating or restraining the traffic, or from prohibit ing it altogether, if it thinks proper." 5 Howard, 577. : '. . ( ' . . : Justice Mcljcan sai.d :' . - -. i : I "A license to sell an article, foreign or domestic as a merchant, or inn-keeper,, or victualler, is a matter of police and revenue, within the power of the r State. "4 5 Howard 589. And again : "It is the settled construction of every regulation of commerce that, under the sanction of its general laws, no person can infro luce into a community maliiinnnt discuses,- or anything which contatninate its morals: or endangers its safety." Ib id. 'If the r.foreign articles be injurious to the health : or. morn)s of the community, a State' may, in the exercise of that jir at and comprel'ensive police power: which lies! at the f mndation of its prosp Tit V. pro hibit the sale of it." Ibid. 502. iXo on:; can claim a license to retail spirits as a "matter .of riht." Ibid, 507.'. . Justice Daniel said of imports that are! cleared of all control of tiie goverumnt which permits their introduction : . - r - The V are 'like all other property of the citiznr'and should be equally the "subjects of domestic regulation and taxa tion, whether owned by an importer or, his vender, or may have been purchased by Cargo, package, bale, piece, or yard,! or by hogsheads, casks, or bottles." 5 Howard 614. In answering the argu4 ment that the importer purchases the right to sell when he pays duties to the .Government, Justice Dan'els continues to say ; "Xo such right as the one sup posed is purchased by the importer, and; no injury in any accurate sense is in flicted on him by denying to him the power demanded. He has not purchased; and cannot purchase from, the Govern ment that which it could not ensure to him a sale independently of the laws and policy of the Stotes.Ibut, 616. 'Justice Woodbury said : V ''After articles have come within the territorial limits of States, whether on ! land or watef, the destruction . itself of what constitutes disease and death, and. the lonser continuance of such, articles within their limits; or the terms and con ditions of their continuance, when con flicting with their legitimate police, or with their power over internal commerce, or with their right of taxation over all r persons and property within itheir juris- diction, seems one of the first principles! of State sovereignty, and indispensable to public safety." 5 Howard, 630. . - Justice Grier said : ' .It is not necessary to array the appal-: ling statistics of misery, pauperism, and crime which have-' thir. origin in the use and abuse of ardent spirits. The police power, which is exclusively in the State, is competent to the correction of these! great evils, arid all measures of restraint; or prohibition nece4ary to effect that! purpose are within tie scope of that au thority ; and if a loss of revenue should ! accrue to the United States from a di minished consumption of ardent spirits, i she will be a gainer of a thousand-fold, in the healthf wealth, and happiness of the people.':-75wf, 532. i It is reporteU "that a'single liquor dealer i of Philadelphia, wiAi rut $25,000 into the State, to prevent tie Vassageof the pro hibition law. iWlUt interest ha3 he; an I outsider t in thS affi?;rs of Jforth Carolina? We thought oneNgf the principal argu ments Cf the! liqvibr men. was that the ''industries" cjf Jfyrth Carolina, vyere to be effected bjr tli ' prohibition of the manufacture qt l($ior in the State. ?Yet here comes a mdnjwho can give $25,000 to prevent prqhibrrion, because his profits are so large upon liquors sold in 'North Carolina, whihj-are ; manufactured out side of the good!old Commonwealth. TcIJiIic jPcdpIc. : i .'WHAT QOVKNOR JARVIS SAID, ; . "I should bfe tsejto the 1,400,000 peo ple of Xorth iCarolijia if I remain silent: and I must ta:e. my position. ; ; Knowing whati is best for ' North Caro-! lina, and. Norh?Car61inians I declare for i the Prohibiticjn,? movement, and for pro hibition I inthd to go.; : ; My; observation lefitls me to know and assert that for every S dollar received as. taxes from the sale pf liquor, ten dollars go out; of the public liWr' -Tucker Hall Speech, April 27,: 18$ t. L yi : ; ; :r ;: WHAT JUDGE lEKRISrOX SAID. Prohibiticif z a question for every K in eve.'conditioii of society. I man, should" I hate t$ tliiiikxtha'any public man JState-w&ulifl ''be against prohibi- f t ,i f ' The only way to in the tion. . fi I j f ' The only way to regulate this Ovil (of intemperance) is to exterminate i. , This, is a patent fact, and we owe if to ojprself and to society to sfamp it outtrl disgrace to the eouu-: try that the llwsl tolerate the sale of li-i quor." Tuclkrx Mall Speech, April 27, i8si. ". -t-ii-'-- " WHAT T&STCHWEIiE SAID. "A thdusBn;(' diseases follow in the train and are4- Jfomitants of the use of iutoxicating d ik 4i So deadly is thislln liquor, that the leg islature whicMlrftlers skull and cros bones to beffeiidVon every bottle of poison might vf order the same emblem to be' placed up It every bottle of barrel of liquorc - ; As presiderttTjl the State BoariMf Health, it is my duty to warn, the pe?:ie of this State of the awful dangerif rink, bodily and men tally." TucJmW$ali Address, April 27, ! issi. fyp! ;' ' " ". ; WHATjtldfE AVERY SAID. :.-..Tlie priiifeqliflj of prohibition is one that I have l(ii4!linheld. and shall con tinue to,"uph(lkl. 5 '-.Tucker Hall Speech. April 27, ISSlj., - j PrOhilntionjyrit in any sen?e"a po1i& ical quest ion ThJ attempt to give it ; polit cal significance: ior party purpose.) will result in Mii-e, The colored peopU; are thinking or ..theiriselve? in this mat ter. The majority of them? will vote io Prohibition atifet retain their allegv 1 ance to- theySiican- party. ) M It is claimeit.bytie opponents of Pr- :? hibition that jallEle negroes will vot ; whiskey. iTlf Ividently believe that j the colored plopj will surrender every ; thing, even tfeiflig!ori, to the whiskey bottle. Colbrldltilii and women of XortK; : Carolina,: arefS fii content to allow thi.y!' assertion, or anption, .to- go uncon-' tradicte'd ? Ae;jj(i'Willing that it should , go forth to iilvorld that -we are tht .. slaves of .the vi3j 'ot all evils ? Le t the colored peopeil North Carolina look this matter squify: in the face and de cide whether pif 'it they will suffer tlio reproach sougr to be brought upon ' tlmin.The Jaisr. . s . ; ProliibiltotMot a Democrat i v Bishop J. ..Hbxl, of the African to. E. Zion Churdh't'Uks sound sense to tl.e cohmd peoplfV a.4 follows :. The most erectile' misrepresentation is that this is rici Of the Democrats to defeat the Kepjlbfcaa party., I am aware that with mapiis simply an excuse for voting forKfnkey,:yet there are some wli6 have; honttvribts respecting then duty. ; To siipflespeci ally address thi communicatrori if " i I am fully ktfted;that there is not a particle of pqlitilrs ml this movement ex j Cept what th5ifhkey interest and those who are alwalK)king out for political: advantage arijrjng to force into it . It) did npt drigjftlif with politicians, norj w)uld the ,subji)e now before' the peo-) pie if politic jarisllconld have helped it. They were slj oil it 'and tried to put it aside, but it ll0 "Pnt tbem ;" it is before us in! splie of their opposition. Now that it lis s top, the rum-sellers have started all spr&.fof misrepresentations. Democratic) f ttif ifeners say that it is a trick of the J Jals to split the Demo cratic party,! many Democrats are shy of it; - l&siblican Tumsellers Isayr that the Demspts got up this issue to defeat the Rejcao: party. .Now both of these sUtetiJts cannot be true, and anyone who will give-himsell the trouble to learn the facts will find that neither is true.')) h':. .;t -:'': '; . . .-V ' Opposite as these statements are, they have a common origin ; ther came from the same source ; the came interest gave birth to both, for whatever, split?, rum doesn't.) Democratic and) Republican rum are united in eternal wedlock. Rum sellers would sink all the parties In the universe in the interest of their wicked traffic. I They vote the straight rum ticket no matter who is on, it.- Rum makes strange bed-fefiows ; Jt forms roost un seemly connections J and associations ; j men who: would not sit at the same table with a black man will drink rum out of the mouth of the same bottle. ; " ! ) Our people have been; in the habit of doing, like the Boston man who waited to see which way the Democrats voted, and then voted the other way. j However wise this may have been In some instances, it won't work in the present : case. Democrats will vote on both sides, v and so will Republicans. Whichever way ! you vote, you will vote with Democrats and against Democrats. This I ought to make it plain that this is riot a party issue between Democrats and Republicans.. In this matter old) party lines are blotted out, and new, ones have been formed. The prohibitionists have, orguized arid put forth their platform', and the anti prohibitionists have done the same. Read for yourselves these platforms and the strength of the former and thej weakness of the latter must strike the most casual reader. ( : ;' :)'.-,; I repeat we shall vote with both Dem ocrats and Republicans on either side ; with which shall we unite, the best or the worst? The struggle is between liberty and slavery, happiness and misery, prosr perity and wretchedness, God and the Devil. -The prohibition side is the Lord's side, anti-prohibition is the Devil's side. Which feide will you take ? There are many reasons why we colored people should j support prohibition, prominent among itvhich is the fact that prohibition has already dotae for us what church and politics had failed to do. It has secured to us manhood recognition. ; Mr. Bynum in defending the action of his church in appointing a coloied man as : representa tive to the Episcopal convention, refers to the fact in the prohibition ; convention the color line was blotted out ; that white men and black men; sat in that conven tion together on terms of equality. And I may add white 'men who never made that concession before, who Viever before believed that any good thing could come out of Africa. ); :;v . .. ' Facts bearing directly on North Carolina, our own State. ''I COME TO GRIEF. The attempt of .Cooper, Cannady and Mott, to commit the Republican party in North Carolina, to the wyhisky interest has come to grief gloriously. Thej leading Republicans in different parts of the State have stepped forward with ! commendable promptness . to let these gentlemen know that they were too small to tunr the ci an k of as big a ma chine as that.' In addition to .their repu dation! at home, the I Washington corres pondent of the ! Charlotte ' Observer fur ,riishefs)the fbUowing information from die Capital: ;l 4 K Cqoper, Cannady and Mo't have jumped Into some notoriety here by put ting the: Republican party again prohi bition;! ; They are denounced on all sides of Republicans. Commissioner Rauin telegniph' dJIotf, forbidding him to take contributions; from- his suliordinates to carry on a e wupaigh against prohibition. S cretitry Windom Sa s if he does h will turn.him out of olliee. The administra tion jswith the prohibitioii people. The President and cabinet, nd the leading Republican journals, d -nounee the action of Cannady, Cooper and Mott." . And finally :Hon;)W, A. Smith lays on the last traw that breaks the backs of the three camels: ; j ! Pjiinceton, X. C ; June 20. Hpxl II. A. OUDGEK, Chdirihan, : 7 ' ; , - ; f )l'. h; ' ' -i ;. Raleigh, S. C: , Dear Sir : My opinion is that the Republican Execiftive C6mmittee has neither the power, nor the authority to bind Republicans to vote for or against prohihition RepTiblicans and Democrats voted for the prohibition bill regardless of party in the Legislature, and will do he same in the coming election. And mow for the Republican Executive Com- nrtteelto issu a bull against prohibition . i Inn king it can gain a temporary auyan tarelb!y... joining the devil against the Democratic party, is a copartnership that older lieads would never have consented to. Any attempt that the Republican committee may make to prove the Demo cratic party a temperance party will be a failure, as it has a national refutation to the contrary, and no one in the coun try wTjll believe such glorious, news even from) the Republican committee. I for one am opposed to the Democrats having the honor of being the father of the. pro hibition bill, and wish the honors to be divided evenly upon this, question. It is not a; party question, and cannot be made $o. ' ): Yours truly, '--p r:-.:rry.::: W. A. SMITH. Poor fellows! we are sorry for. them, for they thought they were doing a smart thing.' i "The best laid schemes ' Of mice and men ; ib Gang of aglee." jurxjE dick ox rRoiriBiTiox. In his speech at Concord recently, , Judge Dick said to the colored men pre ent tliat he was & Republican. In 1SC7 be was one of the men who met In Ral eigh and organized the Republican party, and recognlred the colored Hoplo in their councils. I did not deceive or mis lead you. then, nor would not. nor will not now, but I tell you that if you vote against this measure you are voting for your own destruction. WhUkey U the greatest enemy of your race "it makes trouble foryou with your employer; it brings you into strifes and frays ; you never have trouble when you are sober, and do right, with sober men. ' The great question for yon U to rise above this lav ery of strong drick, and; make vours elves free men and bear your share of the honor forthe victory of thw great moral queftlon. V .') Arid he also has thli to gay about tho action of the Republican State Executive Committee: j . "The enemies of, prohibition call this a party measure. " Four or five men went to Raleigh last week and pledged, the Re publican party against prohibition. Yhat right had they to do It? no right what ever. The constitution of the Republi can party is plalnfcgalnst the usurped au thority) of those men, and if the Repub lican party cannot exist and succeed with out strapping to Its rwhecls antl-prohib tiori, then let it perish ! ' , THOSE PETITIONS. , Here Is what the News and Observer of Raleigh said about them ; . - I lhe movement in favor of prohibi tion has proceeded in North Carolina un til its proportions are beyond any reason able anticipations, similar exertions in behalf of temperance liavo been made elsewhere, but in . no other State have we known such monster petitions to be pre sented to the Legislature as In North Carolina. On yesterday one petition presented in the House was) alleged to contain 35,000 names, and another In the Senate 25,600. The others presented had in the aggregate 0,000, making the total of petitioners on yesterday CO.OOO. And yet some legislative wag is credited With saying that yesterday was not a good day for the temperance people either. The aggregate number of petitioners thus fat cannot fall ihort of 200,000. We have heard it estimated at more, but we will stop at that. There arc probably but few petitioners under the age of fifteen, and as a. considerable number of the people cannot write, it would seem that about one-half of those capable of doing so have signed these petitions prtylng . for probl hition." i Tjiere happened to be In the city the day the Convention mot Ju.t four drun mers for Baltimore houses (a thing that occurs very frequently) and they went to the Convention to see what was going; on --Slate Joarnal. ; j J , .Just so,' neighbor. And there hap pened to.be in the citv the day the" Rep. Ex. Com. met just POUR 'rcoinmittee men who, voted for whiskey, and , these "FOUR'' men attempted to bulldoze, the all" there really jua a few; cirpet-bag lUjuor meri in the Wlii-key Convention.. Wonder if they were 4KjMicial agutrf" with proper cn;dential.s" with intruc tiors "to urge oijr cutomers todo their duty at the polls .? " Rut they jnt hap pened "ti be here on that tarticulau occasion, vou know. 'Ta.'tft.' : i ' . : . r , ' ; i r, The abuse of liqiior iriust be remedied and corrected by moral influence atid police )ritro!, and not by legislation. J. 1. MOTT. . ; V-'-ii ' .-.:' : , OIi, yes that's the way to Jo it. Is it? Build ciiurches, ; supply prcaclierf, and ..then flood the land with whiskey to cor rupt and destroy. Give one flollar to redeem and fpepd ten to corrupt. At this rate -when will the Milleiiimn bey Our Right. ' ,!:.: . . Declaration of Irliiclilc 1. It I-neither right nor politic for the state to afford legal protection and ganct tion to any traflic or pj-ste.m th.it tends to increase crime, to, waste the national resources, to corrupt the sochl habitB. aim to uesrroy inc iicauu and lives ox the people. - . ,' . ' i; : ' j V 2. The traflic in intoxicating liquors, a .common Twerages is Inimical t . the true intcre.-?ia nf in!ivi hnls and detruc ;tive of the order ami, welfare of rr.Jety and ought, therefore, to be prohibi ed. 3. Th t history and results of all y? legislation In regard to tlic liquor-trafile j ab'in i infly prove that it is lmfosible -safUfactC'.'ily to limit or regulate a iys- -tent SO essentially mischievous in Itn ten dencie... ;'' '"' 'i ' . ' ' 4. Xo consideration of private g-.ila of public revenue can Justify the upholding of a pjtem so utterl wrong in principle, ' suicidal' in policy ad illsaj'troiw in re sults as the traffic in Intoxicating liquors. 5. The ' legislative prohibition of the imifr.tnH fH la tvrfrf lu rnmrifitthlA urlth - rational' liberty and with all the claims of justice and legitimate, commerce. 0. The legislative suppressiori of the liquor-trafli ; would b i highly conducive to the development of a progressive civil- ization. :. :. ; ' " ' I f '. 7, Rising above class, sectarian, or party consideration?, ' all good citizens should combine to procure an enactment prohibiting the sale pf intoxicating bever ages, as affording most efficient akl in re moving the appalling evil o' intemper ance. ' . 1. ,;.. ' , : i)
State Prohibition Organ (Raleigh, N.C.)
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July 18, 1881, edition 1
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