High licence in its present form is comparatively a new development of American drink legislation. During the early part of the latter half of this century reformers would hear of nothing but the most uncompromising prohibition. Then came a reaction, and even the stoutest opponents of the liquor traffic were forced to admit that in towns of any size prohibition has never yet been a success. As a leading reformer put it: “Prohibition has not yet touched the question where it presents the gravest difficulties, except to fail. After an existence of more than fifty years it has yet to grapple with this problem in any great centre of population. A law unenforced in its essential particulars debauches the public conscience.” The question at last had to be faced—how, as men will have drink, the traffic in it can be conducted so as to do the least harm to the community. This led to high licence, a policy which includes the limiting the number of saloons, placing them under strict regulations, and fixing the licence fee at such a high rate as will keep all but responsible men out of the business. This plan would, it was hoped, meet the legitimate demand for drink, exterminate low saloons, and at the same time bring in a very considerable revenue, thus applying Emerson’s maxim, and “making the backs of our vices bear the burden of our taxes”.

As a general rule the high licence movement has been supported by the Church and the Roman Catholic temperance societies, but has received bitter opposition from more extreme abstainers. “High licence is a fraud and a failure,” said Neal Dow not long since; “and the greatest hindrance to the temperance movement in America is the Church Temperance Society, which supports it.” Liquor-sellers look on it with mingled feelings. Where there is a likelihood of prohibition becoming law they openly support high licence. Thus the Maine Hotel Keepers’ Association recently passed a resolution that “local option and high licence is the best means of dealing with the liquor question”. But, where temperance sentiment is weak, the saloon-keepers not unnaturally do their best to maintain the old lax low-licence regulations.

The new method first came to the front at Nebraska in 1881, by the passing there of the “Slocumb law,” which fixed the State licensing fees at 500 dollars for saloons in small towns, and double that amount where the population exceeded 10,000. From Nebraska the idea spread rapidly, and was soon adopted by many other States. The most conspicuous instance of its working is to be found in Pennsylvania, where the Brooks Licensing Act passed through the Legislature in 1887, and came into force on 1st June, 1888. The leading provisions of the Brooks Act are, that the granting of licences shall be left in the hands of the Courts of Quarter Sessions, which shall issue whatever number they deem necessary, with full power to revoke any or all at the end of each twelve months; that each licensee shall pay a fee of from 1000 dollars downwards, according to the size of the town or city in which he carries on his trade; and, furthermore, besides his giving a personal bond for 2000 dollars, two owners of real estate living in the immediate neighbourhood shall also become bondsmen to the same amount each, as sureties for his strictly keeping the law. To these clauses are added the prohibitions, usual in most of the States, against selling on Sundays or election days, or to minors or intoxicated persons. As an immediate result of the passing of the Act, the number of licensed houses in Philadelphia was reduced from 6000 to about 1300, and in other parts of the State even greater reductions were made. The judges used their discretionary powers to a considerable extent, and for every successful applicant for a licence there were two others willing to find sureties and to pay the fees, but whose applications were refused. Yet, notwithstanding the reduced number of saloons, the revenue showed a most decided increase. Before the passing of the Act the licensing fees in Philadelphia came to 300,000 dollars; now, with less than a quarter of the former number of houses, they amounted to 680,000 dollars, and the whole State derived an annual drink revenue of close on 2,000,000 dollars. It is worth noting in this connection that the total amount of criminal and charitable expenses in Philadelphia alone caused through excessive drinking comes to over 2,000,000 dollars annually.

The law had an immediate and most remarkable effect on crime. The number of committals to Philadelphia county prison for the twelve months before the passing of the Act was 27,867; for the twelve months afterwards it was only 18,218. The number of Sunday arrests and committals for intoxication during the same two periods was—before, 1263; after, 381; showing a reduction of about 70 per cent. The number of women arrested sank to less than one-third, from 138 to 41.

These good results cannot, however, be solely attributed to the fact that the licence fees are heavy. “The real virtue of an Act such as we have in this State,” said a local journal in 1890, “lies not in the high fee, but in the restrictions put upon the issuance of licences.... The fee is the least important feature of the Brooks Act.” In Philadelphia there is a strong public opinion to back up the Act; and the police are, on the whole, active in searching for evasions. The great obstacles in the way of the total suppression of unlicensed houses lie in the two facts that juries are not always willing to convict, and that the courts have a way of letting the cases run on for an unconscionable time, until it is almost impossible to bring witnesses to secure proof of the offences. For instance, it was reported by the Police Department in November, 1891, that since June in that year there had been 325 arrests for unlawful sale, etc.; 242 of these were returned to court; in 204 cases were true bills found, only 99 cases had been fully tried (out of which 76 convictions were secured), and there were no less than 103 cases awaiting trial, and 28 more awaiting the action of the grand jury.

Since the first year, the licensing judges in Philadelphia have gone in for increasing the number of saloons, and proportionately with the increase of liquor shops the total of arrests for intoxication has risen. There were 32,974 persons taken up by the police for intoxication and disorderly conduct the year before the passing of the Act, while for the year afterwards there were only 19,887. For the twelve months from June 1, 1890, the number of saloons was increased to about 2000, and the committals at once rose to over 25,000.

In the next licensing year the number of houses was again reduced, and once more the number of arrests showed a reduction, though not proportionately large. Last year the judges decided to increase the number; and it is to be feared that if they do not stop this course the amount of drunkenness will soon be as great as it was before the passing of the Act. Thoughtful citizens are widely awake to the evils of this course, and great pressure has been brought to bear on the judges to abandon their present policy. In September, 1893, the local Law and Order League sent a letter round to many of the leading inhabitants on this matter; and through the courtesy of its secretary I am able to reproduce parts of it here. “Persistent efforts have been and are still being made,” the Committee stated, “to induce the court to increase the number of liquor licences.... We have reason to believe that a large number of applications have been and will be made in the interests of a few individuals who manage to evade the law, which does not allow an applicant to be interested in more than one licensed place—thus you will see that the greatest vigilance has to be exercised in dealing with this subject.

“There were 224 more licences granted from 1st June, 1893, than for the previous year; and the number of arrests for intoxication in the last three months, ending 1st September, as compared with the same period of time in the previous year, shows the following result:—

—an increase of 319 over the previous year.”

In some cities, the Brooks law has, for a time at least, apparently led to an increase of the very evils it was framed to check. Thus, in Pittsburg the number of saloons was cut down from 1500 to 244, and finally to less than 100, yet the arrests for intoxication went up by 10 per cent.

But further investigation shows that this result has been brought about by the open, unchecked setting the Act at defiance. “Speak-easies” (that is, unlicensed saloons) have been allowed to spring up in such numbers that five years ago there were probably seven to each licensed house. These places were permitted to exist because of the political power of their owners, and the police did not dare proceed against them. The agent of the local Law and Order League opened prosecutions against about 150 such houses in a couple of years; but in nearly every instance the juries refused to convict. It has been openly stated time after time that both the police and juries are under the control of the liquor ring, though just now there is admittedly a great improvement in this respect. At ordinary times the “speak-easies” are conducted with at least a show of secrecy, getting their liquor in at night, and thinly disguising themselves as cigar shops, drug stores, or eating houses; but during elections they sometimes throw off even the appearance of concealment, knowing that no one will venture to attack them. At the election of January, 1890, the local Commercial Gazette reported: “On Sunday not a few of the select seven hundred were running wide open. They were not ‘speak-easies,’ but ‘yell-louds,’ as they disturbed their neighbourhoods with their hideous conduct. What inducements have regularly-licensed saloons to observe the law and renew their licences in the spring if saloons that pay no licence are permitted to sell not only throughout the week but on Sundays, when of all days they should be kept shut? The ‘speak-easies’ have, or imagine they have, a ‘pull’ on the political parties, that they thus dare to impudently disregard the law.” A partial failure of the Act has been caused in other places besides Pittsburg by the presence of such houses; and even where the police do their utmost it is no easy matter to exterminate them. The Chief of Police in Lancaster county reported in 1889 that there was a considerable amount of drunkenness among women and young people; and that the drink was obtained, not in licensed houses, “but in hell-holes known as beer-clubs, or in houses where beer is delivered in quantities”. From other parts come similar reports.

Unquestionably, high licence, when properly enforced, is a check to intemperance; with an unbiassed executive, an uncorrupted police and a law-abiding community, it does much to rob the liquor traffic of many of its evils. But, unfortunately, these conditions are not to be found in many American cities. All who have studied the working of the law admit that the mere fact that a licence fee is high is not enough in itself; this must go along, as it does in most places, with a large measure of local control and with wise restrictive legislation. The great fault of the high-licence plan is that it leaves the saloon almost as great a power in politics as ever. But how this is to be prevented, short of sweeping the drink-sellers away altogether, does not appear.