480 



MASSACHUSETTS. 



The election on the first Tuesday in Novem- 

 ber resulted in the choice of the Democratic 

 candidates. The whole vote for Governor was 

 85,492, of which Odeu Bowie received 41,712 

 majority over IT. L. Bond. 



The Legislature of 1868 is unanimously Demo- 

 cratic in both branches. 



MASSACHUSETTS. The Massachusetts Le- 

 gislature met on the 2d day of January, 1867, 

 and continued in session until the 3d day of 

 June following, the whole number of days in 

 which the members were in actual attendance 

 being 153. Three hundred and fifty-nine laws 

 were enacted, and 93 joint resolutions adopted 

 during this time, mostly relating to matters 

 of local interest. The credit of the State 

 was loaned to the extent of four millions, of 

 dollars for internal improvements, and an ad- 

 ditional grant of $600,000 was made to the 

 Troy and Greenfield Eailroad and Hoosac Tun- 

 nel. The Militia Act was so amended as to 

 create the office of Assistant Adjutant-General, 

 its incumbent to be ranked as colonel, and to 

 hold the position of chief of the division staff; 

 and a medical director was added to the staff 

 of the major-general. The usury laws were 

 virtually repealed by an enactment allowing a 

 higher rate of interest than that assigned as the 

 lawful rate, by special agreement of the parties. 

 On the last day of the session an act was passed 

 over a veto from the Governor, providing for 

 the annexation of the city of Boxbury to Bos- 

 ton, in case the people of the former city should 

 vote in favor of the project. The vote was 

 given in favor of the annexation in September, 

 and from the 1st of January, 1808, the munici- 

 pal authority of Boston extends over an addi- 

 tional population of about 40,000. 



A subject which occupied the attention of 

 the Legislature to a considerable degree during 

 the session, and excited a lively interest among 

 the people of the State throughout the year, 

 was the expediency of the law now existing on 

 the statute-books prohibiting the sale of all in- 

 toxicating liquors, including ale, beer, and cider. 

 This law, enacted in 1855, prohibits absolutely 

 any Sale of these liquors to be used as a bever- 

 age, and forbids their sale for any mechanical 

 or medicinal purpose by any one but the agents 

 of the State appointed for that purpose. Vari- 

 ous petitions were received by the Legislature, 

 embodying the sentiments of 34,963 legal voters 

 of the State, praying for the enactment of a 

 judicious license law in place of the prohibitory 

 statute now in force, and also a petition from 

 the Massachusetts College of Pharmacy, asking 

 that druggists and apothecaries might be al- 

 lowed to sell spirituous liquors for medicinal 

 and chemical purposes; and on the other hand 

 remonstrances against the substitution of a 

 license law for the present statute were received 

 over the signatures of 25,863 legal voters, the 

 officers of numerous temperance societies and 

 conventions, and 14,471 "women and others. 1 ' 

 This mass of petitions and remonstrances was 

 referred to a joint special committee. The 



committee gave a series of public hearings, at 

 which the testimony of many scientific and 

 medical men was taken, as well as that of other 

 citizens interested in the question, both as to 

 the effects of the use of alcoholic beverages and 

 as to the practical operation of the prohibitory 

 law on the habits and morals of the people. 

 Learned and able arguments were also delivered 

 before the Legislative committee by prominent 

 advocates, representing public opinion on both 

 sides of the question. A report was finally 

 submitted to the Legislature, in which the sub- 

 ject of temperance and legislation pertaining 

 thereto was discussed at some length, and the 

 results at which the committee had arrived by 

 their investigations concerning the prohibitory 

 law were summed up in these three proposi- 

 tions : 



1. It i_s not sinful nor hurtful in every case to use 

 every kind of alcoholic liquors as beverages. It is 

 not, therefore, wrong in every case to sell every kind 

 of alcoholic liquors to be used as. beverages. But this 

 law prohibits every sale of every kind of alcoholic 

 liquors to be used as beverages. 



2. It is the right of every citizen to determine for 

 himself what he will eat and drink. A law prohibit- 

 ing him from drinking every kind of alcoholic liquors, 

 universally used in all countries and ages as a bever- 

 age, is an arbitrary and unreasonable interference 

 with his rights, and is not justified by the considera- 

 tion that some men may abuse their rights, and may, 

 therefore, need the counsel and example of good men 

 to lead them to reform. But this law does, in theory, 

 prohibit him from drinking every kind of alcoholic 

 liquorSj since it prohibits every sale of every kind of 

 alcoholic liquors to be used as a beverage. 



3. Finally, if the use should be totally prohibited, 

 because it is either sinful or hurtful in all cases, or 

 may be in some cases, the use should be punished. 

 But this law punishes the sale, and does not punish 

 the use. 



Testimony also was submitted tending to show 

 that intemperance had increased rather than 

 diminished under the operation of this law; 

 and that the effect was, not to lessen the 

 amount of liquor sold, but to degrade the char- 

 acter of the traffic by fostering a disgraceful 

 contraband trade in inferior qualities of the 

 liquors, which ministered effectually to all the 

 mischievous abuses springing from the sale, in 

 any form, of alcoholic drinks. The committee, 

 therefore, reported a bill providing for a license 

 system to regulate the sale of intoxicating 

 liquors. In the first place, they proposed to 

 make it lawful for any person to sell cider or 

 beer on condition of having recorded with the 

 city or town clerk his intention of so doing. 

 Licenses to bell other liquors were to be granted 

 to the following classes of persons: 



1. Licensed hotel-keepers and common victuallers 

 to sell to their guests, the liquor to be drank upon the 

 premises. 



2. "Wholesale and retail dealers to sell, in proper 



Suantities, to persons carrying the liquor away from 

 IB premises. 



3. Druggists and apothecaries to sell only for use 

 in medicine, cooking, and the arts. 



Stringent conditions, however, were laid 

 down in the proposed measure, among which 

 was an entire prohibition of the sale at a public 



