concluded by saying: "The law is void, let the prisoner be discharged."

THE CONSEQUENCES.

No

The news of this decision was telegraphed to "the boys" at once and reached every town then on the line of the telegraph before four o'clock, and one universal carouse followed, making the night hideous, and resulting in a murder before midnight at Columbus. More drunken men were seen in Indiana within five hours after the decision was rendered, than had been seen in five months of the existence of the law, and there has not been a day since, Sundays not excepted, in which more drunkenness has not disgraced the state than during the entire period of one hundred and forty-eight days. For twenty-seven of those days the Marion county jail had not a single prisoner, and for seventeen other days, but one, and he was committed for an offense not connected with liquor a state of affairs never known before or since. But the younger men will ask, was there no whisky sold and drank during those months? Of course there was. one ever expected any thing else. Those who could, in anticipation of the coming drought, had plentifully stocked their cellars, but those who did not do this and were skilled in the methods, still found means to get it. Cincinnati, Chicago and Louisville were connected by rail with Indiana, and there was no prohibition in those cities, hence by one device or another liquor was obtained from those outside places as well as legally at home. Many of these devices were curious enough. John L. Robinson, of Rushville, then the United States Marshall, and the managing editor of The Jacksonian, and for many years the Democratic Congressman from that district, ordered a keg from Cincinnati for his private use, and it evaded the search, seizure and confiscation clause by being marked 'Lard Oil', and the poor man was ever afterwards known as John Lardoil Robinson.

But men of less money and even less cunning found means of getting liquor. Why should they not? With all our bolts and bars and burglar proof appliances there are men who break into our houses and rob us. They make the business a study, but the millions do not get in, however much they may

desire to. Everybody knows that men will go to extremes for whisky that are unknown in almost everything else. Men will swear falsely for whisky and in the interest of the whisky seller, who would not to save the life of a wife or child. Men will rob their families of food, take even their wife's shawl or shoes and pawn them for whisky, so utterly overpowering are their depraved appetites. Does any sane man imagine that such men can not find whisky under any law? More than that, prohibitory laws, when analyzed and properly understood, aim only at suppressing these schools of vice known as dramshops. If, in accomplishing this it becomes necessary to make more difficult the procurement of liquors for the less harmful *use of them, the fault lies more in the stubbornness of the traffic than in the purpose of the law. Prohibition is simply a general name applied to that class of temperance legislation which contemplates the absolute suppression of public tippling by whatever measures may be necessary. If, therefore, it shall become necessary to wholly forbid the manufacture and sale that this may be accomplished, then, all that, and more, may be expected; and, as slavery defied all modifications, and required utter abolition, so, probably will the liquor traffic.

There were several cases of "search, seizure, confiscation and destruction" under the law. The lower courts, nearly all, or quite all, enforced the law. Notably among these was the Common Pleas Court of Tippecanoe county, presided over by Hon. John Pettit, one of the best lawyers Indiana ever had, and afterwards a member of the Supreme Court, elected by the Democratic party. The number of appeals from his court, which will be observed in the decisions of that period which follows, is thus accounted for. The Legislature of 1859 which repealed the law, provided for reimbursing all who had suffered in its enforcement.

ILLINOIS.

LICENSE SYSTEM.

Illinois was admitted as a state in 1818. The first temperance law was passed in February, 1819, during the session of the first State legislature, and provided for a license fee to be fixed by the commissioners, not to exceed twelve dollars per annum. The penalty for selling liquor or keeping a public house of entertainment without such license was one dollar per day. License to be granted for one year only. License to be revoked, if drunkenness, disorder or gaming were allowed. Good entertainment for man and horse were to be provided, under penalty of five dollars for failure. Bond to be given, with security if required, not to exceed $200, that licensee should be of good behavior at all times and obey all laws in force relating to the business. The sale to be drank on or adjacent to the premises; or to companies of slaves, servants or others, or in quantities less than one quart of spirituous or two gallons of malt liquors, was prohibited under penalty of twelve dollars. The law also forbade the sale to minors or the harboring of minors or bond-servants, and provided that the commissioners should fix a table of "rates" which should be posted conspicuously, and fixed a fine of $20 for violation of such rates. To prevent devices for evading the law nearly all kinds of liquors known were specified and the term "strong water" was added, and to cover every possible locality the terms "shelters," "places" and "woods" were included among the localities coming under the inhibition of the law. This law passed by a Legislature democratic in both houses, and was approved by Governor Shadrack Bond, a Democrat.

The second law was passed February 14th, 1823, legislature overwhelmingly democratic, Governor, Edmund Coles, antislavery democrat. It was entitled "An Act to prevent,” etc. It prohibited sales to Indians, made all accounts for liquors greater than fifty cents void, and prohibited the courts from taking jurisdiction in such cases. It also prohibited the licensing of any "tippling shop, commonly called a grocery," and required applicants for license to sell liquor to give security that they would also keep "meat and lodging for at least

four persons over and above his common family, and stabling for their horses." This act prevented the keeping of saloons as they are now kept, the inn, or tavern idea only being recognized.

In 1833 an act was passed making the sale of cider in less quantity than two gallons unlawful. Legislature Democratic. Governor, John Reynolds, democrat.

In 1835 a mild high license measure was passed, making the license not more than $50 taking into consideration "the stand where the 'tavern' was located." The dram-shop idea was not recognized. Legislature democratic; Governor, Joseph Duncan, democrat.

In 1837 the cider law of 1833 was repealed and all "citizens of the State" were authorized to sell cider and beer in any quantity. Legislature democratic; Governor Duncan, democrat. The Governor and his council of revision, the Supreme Judges, refused to approve the bill, but it became a law through the neglect to return it with the Governor's objections within the ten days prescribed by law.

In addition to these statutes, specifically aimed against the traffic, the criminal code, revised 1833, made it unlawful to sell in quantities less than one quart, without first having obtained license, and inflict a fine of $10 for each offense. A like fine for selling to a slave or servant without the master's consent; and sale to Indians absolutely prohibited.

March 3rd, 1845, Legislature democratic, Governor Thomas Ford, democrat, a law was passed making the license fee not less than $25 nor more than $300 and requiring bond in $500 to keep orderly house and not permit gaming or riotous conduct. The principle of local option was introduced by conferring upon the president and trustees of incorporated towns exclusive authority to grant or withhold license, but requiring the license money to be paid into the county treasury. The law still held to the "grocery" idea, but defined a grocery to be "a place where spiritous or vinous liquors are retailed in less quantities than one quart." The penalty was a fine of ten dollars for each offense, and the law prohibited the sale to negroes or Indians under penalty of $10 and $20 respectively, and if a sale was made to a minor or servant the seller was fined $3 and forfeited the price of the liquor sold for the first and second offenses and for the third offense a fine of $12,

forfeiture of license and the seller forever rendered incapable of keeping a grocery in the State.

THE PROHIBITORY LAW OF 1851.

February 1st, 1851, the Democratic Legislature passed an act prohibiting the sale of vinous, spirituous or mixed liquors in quantities less than one quart, or in any quantity to be drank on the premises, and fixing the penalty at $25 for each offense. The giving away of liquors was declared a sale within the meaning of the act. All license laws were repealed. The sale to a person under 18 years of age in any quantity was punishable by fine not less than $30 nor more than $100. The penalties might be enforced by indictment or action for debt, the latter provision being intended to do away with the delay of an indictment and render the enforcement of the law more speedy and certain. The judge was required to furnish the act to every grand jury, and the law was made to include incorporated towns and cities, anything in their charters to the contrary notwithstanding. The law was approved by Augustus C. French, democrat, governor. This law was in force two years and six days, during which time there was no legal sale of liquor in Illinois.

Feb. 7th, 1853, the legislature, largely democratic, Joel A. Matteson, of Will county, governor, repealed this law, and on Feb. 12th restored all laws pertaining to license which were in force at the time the prohibitory law was passed. This was a long step backward, but some allowance must be made for the legislature of 1853. It was composed of the barbarians who passed the black laws of Illinois, and marks the blackest era in the State. The law restoring the license laws provided that the fee should not be less than $50 nor more than $300.

Feb. 22nd, 1861, the legislature passed the law prohibiting the sale of intoxicants or keeping open of bar rooms on any election day. There have also been several minor acts passed at different times, prohibiting the sales on Sunday, or at Fairs or within two miles of same, at elections, at camp meetings or within one mile of the same. The latter law is a part of the criminal code. The law relating to the organization of cities and villages, found in paragraph 46, revised statutes of