ic character
are still part of the penal codes of various states and nations, and
well-organized bodies are always strenuously seeking to extend the
application of such laws and re-enact at least a portion of the
religious code that has been outgrown.
Individuals have likewise found, or at least believed, that certain
personal habits were best for them, for instance, abstaining from
alcohol and tobacco in all forms. Not content with propaganda, they have
sought to force their views upon others, many of whom deeply resent
their interference.
It is not enough that certain things shall be best for the health and
physical welfare of a community. This does not justify the wise
law-giver in making them a part of the penal code. If so, the code would
be very long. No doubt coffee and tea, and perhaps meat, are injurious
to health. Most likely the strength of the community would be conserved
if regular sleeping hours were kept and if great modifications or
changes were made in dress. But this does not justify criminal statutes.
The code must take notice of something more than the general welfare.
Unless the end sought to be attained is very direct and plain and the
evil great so that a large majority believes in the law, it should be
left to education and to other voluntary social forces.
A large part of the community has always attributed many criminal acts
to intoxicating drinks. I am convinced that with such crimes as murder,
burglary, robbery, forgery and the like, alcohol has had little to do.
Petty things, like disorderly conduct, are often caused by intoxicating
liquor, and these land a great many temporarily in jail, but these acts
are really not criminal. Men have been temporarily locked up for
over-drinking. If over-eating had been treated the same as over-drinking,
the jails would often be filled with gluttons. As to health, probably
the glutton takes the greater chance. A very large percentage of deaths
would have been materially delayed except for excessive eating. The
statements ascribing crime to intoxicating drinks have generally been
made by those who are obsessed with a hatred of alcohol. As a rule if
one lands in prison and has not been a total abstainer, his downfall is
charged to rum. Statistics have been gathered in prison often by
chaplains who, in the main, are prohibitionists and interested in
sustaining an opinion. The facts are mainly furnished by inmates of
prisons, a poor source from which to
|