Mr. Webb, from the Judiciary committee, to whom was referred the bill relative to granting
Tavern and Grocery Licenses, reported a substitute, providing that county commissioners
and the trustees of incorporated towns, may grant Licenses to persons to retail liquors,
on the payment of from 25 to hundred dollars into the county treasury, and extending the provision of the 128th
section of the Criminal Code to those who violate the law.
Mr. Napier thought $25 was too high.—He was opposed to the Legislature’s interfering with men’s appetites. Public opinion ought to regulate these matters.
The bad effects of legislating upon this subject, could be seen in Massachusetts, where the Fifteen Gallon Law had revolutionized the State.
Mr. Baker was in favor of the bill. He thought, without going into extremes on either side,
some regulation was necessary upon the practice.
The good sense of every man must teach him, that this was a great evil to community.
If legislation upon the subject could do any thing towards abating this evil, it was
the duty of those acting as legislators, to do what they could in effecting so desirable
an object, regarding only the best interests of the county, and not the consequences
to themselves individually. He was aware that many good measures, might be temporarily
unpopular; but his sense of duty, he hoped, might ever prompt to act rather in accordance
with the ultimate good sense of the people, than their temporary whims or caprices.
Mr. Stapp moved to amend the bill so as to make the moneys arising from Town Licenses, payable
into the Town treasuries.
Mr. Lincoln said it was but just, either that towns should have nothing to do with the matter,
or if burthened with it, that they should have the proceeds of the Licenses they granted.
Mr. Walker of Vermillion, said if the towns would consent to support the paupers occasioned by their groceries,
he would have no objection to their retaining the small pittance, compared with the
expense they created, arising from licensing groceries. But as the county had to
support these paupers, he thought it but just that these proceeds should go in part payment of their expenses.
Mr. Stapp withdrew his amendment.
Mr. Lincoln then offered an amendment, giving county commissioners the sole power over the subject.
Mr. Bowman was against the amendment. He said that towns were independent communities, and
should have the management of their domestic affairs. If groceries were an evil,
they were an evil peculiarly affecting the towns where they were located. They were
a nuisance which they should have the power of abating, if insupportable.
The amendment offered by Mr. Lincoln was agreed to.
Mr. Napier moved to strike out $25 and insert $10. Not agreed to.
Mr. Walker moved the following proviso: “provided that if a majority of the qualified voters
of any incorporated town, city, or any county, shall petition against it, no such
License shall be granted within their respective limits.”
The ayes and noes being taken on this proviso, it was lost; ayes 39, noes 39.
Mr. Dubois moved to strike out all after the enacting clause and insert, “that county commissioners
have power, in their discretion, on the payment of $25 into the county treasury, to
grant License to those who may desire to keep a grocery or tavern.”
Mr. Churchill moved to lay the bill and amendments on the table. Lost.
Printed Document, 1 page(s), Sangamo Journal , (Springfield, IL) , 31 December 1839, 2:3-4