LOCAL OPTION. The phrase local op tion may be applied to a great variety of mat ters which may be determined by the action of local communities. In the broadest sense, it includes all powers of local government, as dis tinguished from mandatory duties. More com monly the term is used with reference to per missive or adoptive laws dealing with specific subjects— such as the choice between the county and township forms of local govern ment, the alteration of boundaries and the con duct of elections. Before January 1920 when national prohibition was to take effect, the term was commonly used with reference to the local prohibition or license of the sale of intoxicat ing liquors, usually by popular vote.
In 1829 the •selectmen of each town in Maine were authorized to decide whether or not to permit the sale of liquor; but this method soon ceased to have statutory warrant. In 1868 Massachusetts recognized the local op tion principle in its liquor laws; and in 1881 definitely established the local option system. Other States gradually provided for some method of local prohibition of liquor selling; and by 1900 laws for this purpose had been passed by 37 States. Later a number of local option States adopted State prohibition, while other States provided for some form of local option. In 1916 there were 19 States where the sale of liquor was prOhibited; 26 others had lo cal option laws, applying to a variety of dis tricts; while in the three remaining States (Pennsylvania, New Jersey and Nevada) methods had been found to exclude the sale of liquor from certain limited areas.
In three States—Maryland, Michigan and Montana — the local option laws on the sale of liquor applied to counties. In eight other States, the vote could be taken by coun ties or by smaller districts; and in such cases smaller districts might usually be voted "dry' although the county as a whole was °wet') This group of States included Florida, Ken tucky, Louisiana, Minnesota, Missouri, New Mexico, Texas and Utah. In 15 other States the vote was taken by cities, villages, towns or county districts. This group included the New England States (except prohibition Maine), New York, Delaware, Ohio, Indiana, Illinois, Wisconsin, Nebraska, South Dakota, Wyoming and California. In New York the option of prohibiting the sale of liquors was given only to towns and not to cities. In Illinois a town ship which included a city might exclude sa loons from the whole area, although the city gave a awe? majority. In a few States, as Ohio and Minnesota, districts within a city might exclude saloons.
Local option elections on the sale of liquors in most of the States were held on petition of the electors — the percentage required ranging from 10 per cent in Connecticut to 40 per cent in Ohio, with 25 per cent as the prevailing ratio. The question might be resubmitted at inter vals, varying from one to four years in the different States, two years being the most com mon period. In Massachusetts, New Hamp shire and Vermont the question of license or no license was voted on without petition at each town election. South Dakota was all considered °dry* until a local district voted and a new election had to be held each year to continue saloons. In Wyoming, the municipal councils might refuse to license saloons.
Under local option laws and State prohibition 80 per cent of the land area of the United States with 54 per cent of the population had no licensed saloons. Of the local option States, 12 had more than half the population in territory; and 14 had less than half. The dry regions were mainly in States with a large rural population and also the States where the proportion of native population was largest; while the States with a large urban and foreign population were predominantly °wet.° The most important instances where urban districts excluded saloons under local option laws were Cambridge and other suburban cities near Boston; while a similar situation existed in the no license districts within the city of Chicago.
Notwithstanding the large increase of no license territory, there was a steady increase in the per capita consumption of intoxicating liquors in the United States. From 1840, the per capita consumption had multiplied five-fold; but the greater part of this had been in the milder fermented liquors; and the rate of in crease had been less during the last 25 years. In the 10 years from 1903 to 1913, while popu lation increased about 20 per cent, the con sumption of distilled spirits increased about 25 per cent and of malt liquors about 40 per cent. During the same period, the production of distilled spirits increased about 70 per cent. Part of the increase in distilled spirits was probably due to the larger use of alcohol in the arts. See SCIENCE; LIQUOR TRAFFIC.
'Local Option in the United States' in the National Municipal Review, Oc tober 1916; Anti-Saloon League Year Book; U. S. Brewers' Association Year Book; Rown tree and Sherwell Control of the Liquor Traffic' (1903).