LEGISLATION AGAINST THE DRINK EVIL. 621 



visions that eatables must or must not be sold where liquor is re- 

 tailed are about numerically even. (It will be remembered that the 

 Xew York [" Raines "] law at first abolished free lunches, but in- 

 sisted that while one must not have food with his liquor on week 

 days, he could not on Sundays have it without — the last provision 

 still being enforced). Similarly, in some States, liquor dealers must 

 not keep lodging houses, while in others they must. West Virginia 

 says that a tavern or hotel must not be used as a liquor-selling estab- 

 lishment only, and that a refusal to give diet or lodging to any one 

 demanding it will forfeit its license to sell liquor. One State (Colo- 

 rado) recognizes the so-called " gold-cure," and authorizes " the per- 

 son most interested," or the county, to send habitual drunkards at 

 county expense to " any respectable gold-cure institute." In Illinois 

 a drunkard is by law a vagrant, and drunkenness is a cause for 

 divorce. In Louisiana the excise man who makes an erroneous esti- 

 mate of the amount of business done (Louisiana regulates the liquor 

 business according to sales only, disclaiming any preventive or re- 

 formatory object) is removable from office. In Tennessee applicants 

 for license must state the amount of business they intend to do. 

 Kentucky regulates the price of liquors sold, being the only American 

 State so doing (except that South Carolina says that the price of a 

 potion shall not be " more than fifty per cent above," or if used as 

 a medicine " more than ten per cent above," the cost thereof to the 

 seller — rather a difficult matter to approximate). Arkansas prohibits 

 sales within three miles of a church, schoolhouse, or academy. The 

 sales of liquor to Indians is prohibited, and the exclusive right of 

 army officers to purchase it is conserved, at the proper frontiers. 

 Texas inserts in her statutes a fine for keeping a " blind tiger " (de- 

 fined to be a place " where intoxicating liquors are sold by any device 

 whereby the party selling or delivering the same is concealed from 

 the person buying or to whom the same is delivered "). And, in 

 Kansas, twenty- .five reputable women must unite with twenty-five 

 reputable men in applying for a license to sell liquor. No State or 

 Territory mentions the size or quantity of liquor to be sold at any 

 price, as is the European custom. 



It would seem, therefore, that, with the exception of the State of 

 Maine alone, all the American Commonwealths are gradually hark- 

 ing back to the standpoint of the earliest liquor laws. Moderation 

 (temperance) in drinking was the public policy. Leaving out the 

 act of the British Parliament, in the year 1735 (which gave Governor 

 Oglethorpe the right to prohibit the importation of ardent spirits into 

 Georgia, which was not a measure to prevent intoxication, but to give 

 a monopoly to Governor Oglethorpe), the first temperance association 

 was that founded by Dr. Rush; and it is related that the venerable 



