not refuse to grant this aid. Still, in granting it, the legislator should bear in mind that it is not the task of the state to make individuals moral. It should only seek, as far as possible, to protect society from the damage, and prevent the injury, caused by intemperance. To this end, the state may put obstacles in the way of temptation to intemperance, and, by the imposition of suitable penalties, oppose the spread of intemperance. The most important means at the command of the state, to oppose the temptation to intemperance, is the limitation and surveillance of drinking places, and of the retail trade in spirits.*—

* The general economic principle, that the production accommodates itself to the demand for the article produced, is incorrect in so far as the number of drinking places and the retail trade in spirits are concerned, for the reason that the temptations to intemperance are increased by the frequency, convenience and cheapness of the opportunities offered for the gratification of the taste for intoxicants. Where taverns or saloons" and the retail trade in spirits are completely free, the number of taverns, etc., is not proportioned to the want, but to the power of resistance of the people to the desire, for strong drink. The less this power for resistance is, the greater will be the number of "saloons," and the more rapidly will intemperance spread. For this reason the retailing of spirituous liquors has in all states been subjected

to police regulations, and where these regulations have been abolished, a speedy return to severer ones has been necessary. In England the public houses have to be licensed, and the license can be granted only by a permanent committee of the justices of the peace of the county, or of the city, and must be renewed every year. The license is granted only for one definite public house, on which a special tax is laid. (Laws of 1828 and 1872.) In France, by a decree of Dec. 29, 1851, a tavern or inn can be opened only by virtue of a license, issued by the prefect. The prefect may close a tavern, from motives of public security, or because the keeper thereof has been sentenced for a transgression of the regulations governing his traffic. The prefects are instructed to grant new licenses only after an extremely careful examination into the character of the person and of the demand, and to close a public house as soon as the keeper has become guilty of even the smallest transgression of the police regulations. (Ministerial Circular of March 6, 1872.) A peculiar system, and one worthy of attention, prevails in Sweden and Norway. In Sweden the laws of 1857 and 1869 provided, that in every parish the number of taverns should be determined by boards cooperating with the parish authorities, and that they should be leased to the highest bidder. In 1865 there was formed, in the city of Gothenburgh a joint stock company, which rented all the taverns in the city, with a view to limiting the retailing of spirituous liquors and opposing intemperance. All the profits of the business, by the bylaws of the society, go to the treasury of the parish. The highly favorable results obtained by this company caused societies of the same kind to be formed in many other cities. In the year 1871, in Norway, a similar law was enacted, and the so-called Gothenburgh system was introduced there. This system, however, has its disadvantages; for a great number of secret drinking places were opened, and the police but seldom succeeded in suppressing them. In Germany an ordinance of June 21, 1869, makes the business of taverns, as well as the retail trade in brandy and spirits, dependent on the obtaining of a license. The license, how

ever, can be denied: 1, when there is reason to believe that the person asking it is likely to abuse it for the encouragement of excessive drinking, gambling, or of immorality; 2, when the place intended for the trade, by reason of its position, etc., does not satisfy the requirements of the police. When it is not contrary to territorial laws, the territorial administrations may make the permission to retail intoxicants dependent on proof of actual public demand. This is the case in Prussia, Saxony, Mecklenburg, Brunswick, SaxeMeiningen, Saxe-Coburg-Gotha, Saxe-Altenburg, Reuss and 133 VOL. II.-14

The adoption of the so-called “ police hour" (closing time) has also proved a means to prevent the spread of intemperance, by restricting the sale of intoxicants to certain hours. The legislatures of several states of the Union have resorted to still more effective measures. Through the influence of the temperance societies in the stateof Maine, a law was passed, which forbids the: sale of all intoxicating drinks, with the exception! of cider and native wine. In the years following, Maine's example was imitated by many other states, which subsequently revoked the prohibition. Experience has shown that the state is unable to enforce a law of this kind, and that the real good which it may effect is more than counterbalanced by the hypocrisy and demoralization which it causes. In other states of the Union an effort has been made to turn the saloon keepers themselves into instruments to oppose intemperance, by rendering them liable for all the consequences of intemperance. It is provided, that any one who by the sale of intoxicants shall have caused the drunkenness of another, shall be responsible for the injury which the drunkard, his family, etc., may have suffered in their property, means of subsistence, or in their persons. In England (Law of 1872, art. 3), in France (Law of Jan. 23, 1878, art. 4), in Sweden (Law of 1869, § 29),. and in The Netherlands (Law of June, 1881,. art. 17), it is forbidden to publicans to sell intoxicants to individuals already drunk, or to minors under the age of sixteen. Finally, the state may threaten the excesses of intemperance with punishment. In Germany, the penal law of the empire punishes by imprisonment all persons who abandon themselves to drink to such a degree that they fall into a condition such that they must appeal to the authorities for their own support, or for the sustenance of those whom they naturally are obliged to support. By virtue of this law the police authorities may also obtain the power to place the sentenced person, at the expiration of his punishment, for two years in a workhouse, or to employ him in works of public utility. But even these provisions may not prove sufficient. Under these laws the interposition of the state does not take place before the drunkard has reached such a degree of moral depravity that his cure is impossible. The sojourn in a workhouse, moreover, is but seldom favorable to the improvement of the habitual drunkard, and the threat of punishment can scarcely produce any deterrent effect on him. The penal police laws in several German states, as well as the legislation of Sweden (Penal Code of Feb. 16, 1864, § 15), of England (Law of 1872, art. 12), of France (Law of Jan. 23, 1873), of Austria (Law of July 19, 1879, valid only in Galicia and Bukowina), of The Netherlands (Law of 1881, art. 22, 23), go still further, and threaten with punishment all who are found in taverns, in the street, or in other public places, in a condition

Schaumburg-Lippe. Nevertheless, the ordinance caused a notable increase in the number of retail shops for the sale of intoxicants.

of evident or scandalous intoxication. - The state can also, in an indirect way, effect a diminution of the use of intoxicants, by raising the price of whisky, etc., the most injurious of all, by taxation. Still, in the warfare against intemperance, this expedient does not deserve to have the importance attached to it which it has enjoyed. Experience has thus far shown that the taxation of whisky, etc., which exceeds a certain limit, has only ruinous consequences, because it leads to fraud, and efforts to evade the law; it favors the secret consumption of whisky, and causes a diminution in the revenues of the state. All these measures owe their origin to the opinion that intemperance is a vice when public, and that it must be combated by the state, by reason of its dangers to the community. Careful observations and investigations, however, have demonstrated that intemperance, when it reaches a certain degree, becomes a real disease, which destroys the empire of reason over the will to such an extent that its victim becomes unable to resist his passion for strong drink. But experience has shown that in many cases a cure of the disease can be effected by skillful professional treatment, and through a complete denial to the patient of all alcoholic drinks.* II. Gambling. The economic and moral evils produced by a love for gambling among a people are so evident that they require no proof. The state does not assume the task of freeing the individual from the passion or vice of gambling, but it is its duty to oppose open temptations to gambling, and, above all, not to induce its citizens to engage in games of hazard. In states also which from financial motives do not believe themselves able to abolish the state lotteries, as in Italy, Austria and in several German states, there is no doubt as to the injury done by such institutions. In the German empire the legislature has, by the following provisions, sought to prevent open temptations to gambling. 1. Public gambling houses shall neither be licensed nor tolerated. On Dec. 31, 1872, the last houses of the kind that existed in Germany were closed under the law of July 1, 1868. 2. Public lotteries and public raffling of movable or immovable goods can take place only with the permission of the authorities (Penal Code of the Empire, 286); the law also forbids the sale or offer of tickets in foreign lotteries, unless allowed by the government of the country. 3. Only the authorities can permit games of hazard on the high road (street, square), or in a public place or inn. Inn keepers who permit games of hazard in their places, or connive at such games played secretly, are also liable to punishment. 4. The business of games of hazard for purposes of gain is forbidden, and may be severely punished. Persons violating these laws are punished by imprisonment for a term of two years; besides which

* To this effect, asylums for the inebriate were established in the United States (in 1857 in Boston), asylums in which cures are frequently effected. It has been claimed that in the asylums in the United States cures have been effected in 35 per cent. of the cases.

a pecuniary fine of from 300 to 6,000 marks, with the loss of certain civil rights, may also be inflicted on them. If the person sentenced is a foreigner the police authorities may expel him from the federal territory. — Provided the above regulations are respected, games, and even games of hazard, are not forbidden in the German empire. As in the case of the drunkard, the gambler is threatened with punishment by the penal code of the empire when his case is analogous to the drunkard's. When sentenced to imprisonment, the police authorities may be empowered to send him, at the expiration of his term of punishment, to a workhouse for two years, or to employ him in works of common utility. -III. Prostitution. Changed ideas in reference to the attitude of the state toward immorality are nowhere so evident as in the legal treatment of sexual profligacy. While from the seventeenth century until the middle of the eighteenth the state declared all sexual immorality punishable, and threatened it with heavy punishments,† since that time, chiefly owing to the influence of Beccaria, the opinion has prevailed that sexual immorality should be treated as a crime only when it is accompanied by the violation of a legally protected right; but that the state should not punish immorality as such. The police of public morality should, according to this view, oppose only seduction, and the public scandal caused by immorality.‡ Modern penal codes in the main adopt this view, as does also the penal code of the German empire. There are, however, certain exceptional crimes against chastity which involve no violation of a legally protected right, but which are punished, even when there can be no question of public scandal. To these exceptions belong the unnatural crimes of sodomy, etc Leaving these exceptions out of consideration, the state proceeds against sexual incontinence, which does not violate a legally protected right, such as the freedom and honor of the person, the family, etc., only from motives of order. But moral police reasons are not here the only controlling ones. It is well known that syphilis, which preys on the very marrow of nations, has been propagated chiefly by sexual profligacy. Even if it be no concern of the state to protect individuals against the injurious consequences of

+ In the middle ages the church used to punish every kind of unchastity as an ecclesiastic transgression, but it is known how widespread sexual profligacy was in the middle ages among the clergy and laity, and how openly it was practiced. Loose women were not only tolerated, but public brothels were considered necessary institutions in a city. They frequently were the property of the lords of the country or city; they were leased out by them, or kept for them by brothel masters or mistresses whom they appointed. Private brothels were licensed, and stood under the protection of public authority, but had to pay certain taxes. In most German cities brothels had to be tolerated under police supervision, and the laws against simple prostitution, as a rule, remained void of effect.

In Germany it was mainly the work of Cella on crimes and transgressions in the matter of unchastity (1786), that paved the way for the opinion that simple incontinence, which appears only as vice, without offending the rights of others, or creating public scandal, is not punishable.

immorality, it must be remembered that syphilis does not confine its ravages to those who have brought it upon themselves by their profligacy. It may be transmitted in various other ways (particularly through wet-nurses to infants) and by inheritance it bequeaths destruction to future generations. Here, public moral police must go hand in hand with sanitary police. The state should see to it, that the moral sense of the people, and public decorum, are not outraged by indecent public exhibitions. The following, therefore, should be punished: 1, persons who cause public scandal by indecent acts; 2, persons selling indecent writings, pictures or drawings, who distribute them, or who exhibit or affix them in places frequented by the public; 3, fornication, when it causes a public scandal. The state should punish, not only treacherous inducements to incontinence or to unchastity when accompanied by the violation of particular duties, and the seduction of minors, or girls under sixteen, but also seduction when it assumes a character dangerous to the interests of the community. It is not the duty of the state to make the individual moral, or to protect her against temptations to immorality; but it should endeavor to prevent all acts of immorality calculated to poison family life and the life of the nation. The law, therefore, rightly punishes procurers or panders, that is, the intentional enticement of others to unchastity. Still, it is very questionable to what extent the state should declare panders punishable. In this matter the provisions of law in different countries are very different. In France (Code pénal, art. 334), habitual panderage is punished only when it facilitates the seduction of minors; but, according to the penal code of the German empire, those persons are punished for panderage who, habitually or from motives of gain, through their mediation, or through the affording of opportunities, promote unchastity. According to this, the keeping of loose women in brothels for purposes of prostitution is punishable. But it is questionable whether this prohibition can be reconciled with the requirements of sanitary police. Sanitary police, which must prevent the spread of syphilis, can only perform this task by subjecting to a strict control all women who carry on prostitution as a trade. This control is unquestionably facilitated when ordinary prostitution, in the larger cities at least, is confined to relatively few brothels, and when the police seek to suppress all prostitution outside of these houses. It is not proper to assume that the state acts contrary to duty when it tolerates houses of prostitution, for it has not to combat vice as such, but only to react against the spread of incontinence as a common danger. By the toleration of brothels the state does not lend support to vice, but it leaves the temptation to vice unpunished, only because from its suppression there would result greater disad

* For this reason, Mohl, on principle, advocates the toleration of brothels. V. Oettingen (Moral Statistik, p. 171, etc.) agrees with him in this.

vantages than advantages to the community. There is no need here of closely examining the question, whether or not sanitary police requires the toleration and strict supervision of brothels; but, if it does, there exists in principle no objection against it, from the point of view of the police of public morality. Simple sexual incontinence may not be forbidden by the state, but the state should oppose the trade in unchastity by loose women; for there result therefrom great dangers both to health and public morality. Prostitution as a trade leads easily to seduction, which is socially dangerous, and to the causing of public scandal; and, on the other hand, it favors the spread of syphilis. The penal code of the German empire therefore forbids the trade of prostitution to women who are not subject to police supervision, and punishes prostitutes under police supervision if they neglect the regulations of the police that have been made in the interest of health, of public order and public decorum. The task of the police regulations in the interest of public morality is, accordingly, to suppress all prostitution that seeks to escape police supervision, and, through proper police regulations and their enforcement, to bring it about that vice should not escape the obscurity which alone beseems it.

The task of sanitary police, while seeking to prevent the spread of syphilis through prostitution, is more difficult. Dancing "saloons" should also be subjected to special police supervision, as they frequently lead to seduction and incontinence, and to the disturbance of public peace and order. -IV. Cruelty to Animals. The state interferes to prevent cruelty to animals, in order to prevent the moral sense of the people being shocked by such cruelty perpetrated on animals, and to afford a protection to the animals themselves against any unnecessary, and hence immoral, cruelty of that nature. In France this protection extends only to domestic animals (animaux domestiques). The law of July 2, 1850, threatens with punishment any one who publicly unseemingly (abusivement) maltreats domestic animals. In England, as early as the year 1823, a law was passed against cruelty to animals. The laws in force there at present are those of 1850 and 1855 (12 and 13 Vict., ch. 92; 17 and 18 Vict., chap. 60): they threaten all ill treatment of domestic animals with punishment. Under the influence of an unhealthy sentimental movement, a law was also passed, in 1870, against scientific experiments on live animals (vivisection; 39 and 40 Vict., ch. 77). According to this law, any painful experiments on live animals are permitted only to persons who have received an authorization from the minister, which, however,

+ Where brothels are tolerated, they should be subjected to strict supervision, not only in the interest of sanitary police, but, above all, to prevent their becoming hot-beds of vice. It is desirable to give prostitutes the possibility of emancipating themselves from the control of panders and brothel-keepers. The strongest objection against the toler. ation of brothels consists in this, that in most cases the return to a good life is rendered impossible to their inmates.