774 THE POPULAR SCIENCE MONTHLY. 



the penalties of the law." These things are recited to show the 

 spirit of the legislators and judiciary of a prominent prohibition 

 State. On these principles later enactments are founded. 



But evasions of the law and the making of drunkards thereby, 

 continuing to be found in a state of intoxication (in the presence 

 of others, of course, not quietly sleeping off a debauch alone " in 

 the sanctity of [one's] own house "), was more recently made a mis- 

 demeanor, punishable with ten dollars fine or thirty days in the 

 county jail. That the object was not to prevent the drunken per- 

 son's loss (" injuring no living being but himself " — were this in 

 ordinary cases possible) — is evident from the remission of the 

 penalty on his informing against the vender who has defied law 

 and injured the welfare of society ; so little concern has the pro- 

 hibition for cost or waste on the part of the person buying and 

 getting drunk. To prevent another evasion, it was also in recent 

 years made a misdemeanor to keep a club-room " in which intoxi- 

 cating liquors are received or kept for the purpose of use, gift, 

 barter, or for distribution or division among the members of any 

 club or association by any means whatever." The object of this 

 must be clearly beyond the power of any one ever so prejudiced 

 to misrepresent. In keeping with this, the buying by a third per- 

 son to treat an intoxicated person made the seller, not the third 

 person who met the expense, liable at law.* Also, the interpreta- 

 tion of the law was made to cover " alcohol, ale, wine, beer, spirit- 

 uous, vinous, and malt liquors, and all intoxicating liquors what- 

 ever," their evil effects — and not their cost, or the waste of money 

 upon them — being alone in view. Still later, in 1888, the Iowa 

 General Assembly, to prevent other evasions still practiced with 

 perverse ingenuity and against the weal of the commonwealth, 

 enacted what, I suppose, has called out the effort of Dr. Ham- 

 mond to stigmatize all our j>rohibitory legislation as sumptuary. 

 It was this : 



" After this act takes effect no person shall manufacture for 



* Some anti-prohibitionists, for example, the present Democratic anti-prohibition Gov- 

 ernor of Iowa — the only State officer of this description, and the first one elected for about 

 a generation — favor summary, or even severe, dealing with drunken persons. Prohibition- 

 ists agree with them in this substantially, and in not interfering with their personal right 

 to buy, while they differ with them as to repressing the sale by others openly, which is the 

 chief source of drunkenness. 



The public prints within a few days contain the following, which an experienced army 

 surgeon will hardly pronounce ll sumptuary " ! 



" The military commission of the Austrian army have established a law that the offense of 

 intoxication should be pxmished the first time by a public reprimand. The second offense 

 by several days' imprisonment in the guard-house. The third offense is evidence that tho 

 victim is suffering from a chronic disease, and he is placed under constant surveillance. His 

 pay is taken out of his hands, and every means used to prevent him from getting money to 

 secure spirits." 



