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 LIBRA RY 
 
 OF THE 
 
 U N IVLI^SITY 
 
 or ILLI NO\S
 
 /4 
 
 [copy] _ . 
 
 With the respectful Coinplimetits of Mr. Boivdlcr (one of the 
 appellant Justices.) 
 
 LETTER 
 
 TO 
 
 THE HOME SECRETARY 
 
 WITH REFERENCE TO 
 
 THE LATE JUDICIAL DECISIONS AS TO 
 OFF BEER LICENSES: 
 
 AND MAKING 
 
 SOME SUGGESTIONS IN THE EVENT OF ANY 
 
 EARLY LEGISLATION ON THE LICENSING 
 
 QUESTION. 
 
 PRESTON : 
 
 THE GUARDIAN PRINTING WORKS, FISHERGATE. 
 1883
 
 LETTER TO THE HOME SECRETARY. 
 
 KiRKHAM, NEAR PrESTON, 
 
 Christmas Day, 1882. 
 
 The Rt. Ho7ihle. Sir W. V. Harcourt, M.P., 
 Ho file Sea'eta7')\ London. 
 
 Sir, 
 
 I trust your attention has been already directed to the 
 recent legal proceedings arising out of the Darwen Borough 
 Justices refusing to renew a number of Off Beer Licenses at their 
 last Brewster Sessions. 
 
 Previous to their doing this the houses were inspected and 
 proper notices given, the Justices basing their refusals upon the 
 discretion given to them by the recent Act of Parliament on the 
 subject. 
 
 Against their decision appeal was made to Quarter Sessions 
 at Preston. Mr. Higgin, Q.C., our Chairman, with five other 
 Justices, of whom I was one, heard the appeal and dismissed it, a 
 case being granted for the Court of Queen's Bench.
 
 There, Justices Field and Steplien, in emphatic language, 
 confirmed the decision of both Justices and Quarter Sessions. A 
 further appeal to the Lords Justices was made, but is now 
 abandoned. 
 
 The Queen's Bench, in the course of the hearing of this 
 appeal, appears to have intimated that all licenses for the sale of 
 intoxicating drinks are held from year to year, at the discretion of 
 the Licensing Justices, whose right and duty it is to review every 
 year the wants and requirements of their district, thus confirming 
 a previous decision, in 1878, of Lord Chief Justice Cockburn. 
 Mr. Higgin, at Quarter Sessions, when this appeal was before us 
 there, had already referred to the local option already existing in 
 the hands of licensing Justices. If all this be so, it appears to 
 me that the usually-accepted notions as to vested interests in 
 licenses are swept away, and the ground is thus cleared for further 
 and early legislation. I do earnestly hope. Sir, that we shall have 
 this. 
 
 It is impossible to exaggerate the need there is for it. This 
 question is head and shoulders above every other question of 
 Home Policy. As the late Mr. Cobden said, "it is at the founda- 
 tion of all social and political reform." In every interest it is 
 urgently called for. I am appalled at the ruin — spiritual, moral, 
 material, and national— that the drunkenness of this country is 
 effecting. Believing as I do, Sir, that you are fully alive to the 
 truth of this, and already possess an overwhelming mass of 
 evidence to prove the pressing need that exists for early legislation, 
 it is quite unnecessary for me to wTite another word respecting it, 
 beyond adding, that one of the most painful aspects of this 
 question, to my mind, is the sorrow and suffering entailed upon 
 tens of thousands of little children, especially in our large cities 
 and towns. The varied and urgent appeals to the charitable at 
 this season on their behalf are truly dreadful to read; whilst the 
 vastly increased and increasing number of drunken women, wives 
 and mothers, is becoming a positively national danger. 
 
 u,uc;
 
 In common with many other Justices, I am painfully im- 
 pressed by this fact, — that female drunkenness, largely fomented 
 by the evil legislation of Grocers' License > and the multiplication 
 of Tap-rooms, is fast extending, whilst drunkenness amongst men 
 seems really to be decreasing. 
 
 I have felt impelled on this day, so full of sacred and joyful 
 memories to the whole Christian world, to urge upon you, Sir, to 
 make this question largely your own. No greater one can possibly 
 occupy the consideration of a statesman, or win for him the 
 gratitude of the poor, the tempted, and the perishing throughout 
 the land. The Government of which you are a prominent member 
 is strong, — public opinion and the public conscience are aroused 
 now as they never were before to the evils surrounding us on every 
 hand, — men of all parties desire some legislation, — the Christian 
 Churches are expressing themselves unmistakably. Liverpool, at 
 the recent Election there, had this question prominently before 
 the Electors, exhibiting a marked and most encouraging growth of 
 public opinion. 
 
 It is, I admit, a difficult one for a Government to deal with, — 
 they only know how difficult; but honest and thorough dealing 
 with it would make many other important social questions easier 
 of solution. Perhaps it is impossible at present to simplify the 
 Licensing Acts. As they stand, they are a muddle, and a constant 
 source of trouble to unravel and judicially to act upon. Could 
 not, however, the recent Act be so amended as to include all 
 Licenses, and the jurisdiction of the Justices be emphasised, in the 
 spirit of the remarks made by the Court of Queen's Bench, to 
 which I have already drawn your attention ? 
 
 But, at all events, a measure of popular control might be, and 
 ought to be, given. If some legislation were devised by which 
 public opinion could be ascertained and registered, so that the 
 Licensing Justices might be enahled and required to give effect to
 
 the wishes of the community so expressed, in their respective 
 districts, such legislation would, I think, be hailed with satisfaction 
 both by the Justices, the public, and the great body of Temperance 
 reformers. This would be tentative, and, I think, preferable to 
 handing over the jurisdiction either to elected County Boards or 
 elected authorities of any kind, and easier to pass i7ito Law. 
 The machinery already made is not disturbed, is according to old 
 usage; and, because the Justices are not from time to time subject 
 to a popular vote, they are, as a body, less liable to have undesirable 
 influences brought to bear upon them. I can only say that, with 
 regard to the Licensing Justices for the district in which I act, an 
 anxious and independent consideration is given to the licenses; 
 and this, I have no doubt, to a very large and to a very growing 
 extent, applies elsewhere. 
 
 I see various obstacles and dangers, together with a prospect 
 of sinister and interested influences, brought to bear upon large 
 and unreliable masses of voting power, at all events for a time, 
 until people are more enlightened upon the subject, if you take 
 the vote both upoii the principle and the men to be selected to 
 caj-ry out that principle; but the men being already made, in the 
 persons of the Justices, and the vote taken only on the principle, 
 would be, I really believe, the simplest, most practical, and most 
 effective mode of establishing popular control; besides w^hich, the 
 very fact of there being a strong feeling expressed in a district in 
 favour of License restriction, although it might not at the moment 
 be decisive in the vote, would attract general attention, and so 
 lead the Licensing Justices themselves to restrict, in the exercise 
 of their lawful and wise discretion. 
 
 No elaborate Act is needed to effect these two most important 
 changes, — Emphasising the powers of the Licensing Magistrates 
 over all Licenses, and giving a popular vote upon the Principle 
 only. It is a large question, but should not be made so ; or the 
 powerful opponents of all legislation upon such a subject will also
 
 make it a large question. A few short and unmistakably plain 
 clauses seem only to be required. 
 
 There are difficulties as to the best and least expensive mode 
 of obtaining the vote, especially in our large cities and towns. 
 The application might, at the outset, be made in limited districts 
 or the large centres be divided into districts by the Local and 
 Corporate authorities. These are details requiring, of course, 
 careful thought and elaboration. I hope, however, Sir, some of 
 the suggestions are worthy of your consideration. 
 
 I need hardly say that whatever is attempted in the direction 
 of popular control, to check drunkenness and encourage sobriety, 
 will be heartily welcomed; for I believe, with a distinguished and 
 life-long friend of Temperance Reform, Mr. Bright, that if the 
 drunkenness of this country could be removed, the face of the 
 country would be so changed, and changed for the better, that it 
 would be impossible to know it again. 
 
 My earnest desire and hope is that, at an early day, the 
 present Government will make a strong effort in the direction of 
 this happy change, and so render a priceless service to their 
 country. 
 
 I have the honour to be 
 
 Sir 
 
 Your obedient Servant, 
 
 WM. HY. BOWDLER. 
 
 KiRKHAM, 
 
 Lancashire.
 
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