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Updated: May 8, 2025
Closely following this glance at the Licensers and their business is a description of the true Author and his business, and of the indignities and discomforts put upon him by the Licensing system:
To pretend, my lords, that the design of this bill is to prevent or diminish the use of spirits, is to trample upon common sense, and to violate the rules of decency as well as of reason. For when did any man hear, that a commodity was prohibited by licensing its sale? or that to offer and refuse is the same action?
Then came the Medical Act of 1858. That Act introduced two immense improvements: one of them was the institution of what is called the Medical Register, upon which the names of all persons recognised by the State as medical practitioners are entered: and the other was the establishment of the Medical Council, which is a kind of Medical Parliament, composed of representatives of the licensing bodies and of leading men in the medical profession nominated by the Crown.
The court held it could not do so. The Missouri court in Slate v. Clarke, 54 Mo. 17, had before it a statute authorizing the licensing of bawdy houses and was urged to declare it unconstitutional because against public policy and destructive of good morals. The court held it had no such power.
No one who looks back over the three busy years of legislation which have just been completed can find any grounds for such a view of our position; and although we have sustained checks and vexations from circumstances beyond our control which have prevented us settling, as we otherwise would have done, the problems of licensing and of education, no lover of progress who compares the Statute-book as it stands to-day with its state in 1905, need feel that he has laboured in vain.
"Wit," said Chesterfield, opposing an unjust licensing Act, "Wit, my lords! is the property of those who have it, and too often the only property they have to depend on." Wit, indeed, with the other gifts that make good company, has largely gone with theatrical talents, too often little to the benefit of the gifted persons.
To all these projects the "Licensing Act" effectively put an end; and the only other plays from his pen which were produced subsequently to this date were the "Wedding Day," 1743, and the posthumous Good- Natured Man, 1779, both of which, as is plain from the Preface to the Miscellanies, were among his earliest attempts.
The rest, as children and childish men, who have not the art to qualify and prepare these working minerals, well may be exhorted to forbear, but hindered forcibly they cannot be by all the licensing that Sainted Inquisition could ever yet contrive.
That from and after this date no examination shall be accepted as satisfactory from any licensing body except such as has been carried on in part by examiners appointed by the licensing body, and in part by coadjutor-examiners of equal authority appointed by the Medical Council or other central authority, and acting under their instructions.
Of course it is a motive to novel or irregular trades to secure a licensing law from the State, for the slight tax insures them protection. This is the reason that we find common statutes allowing osteopaths, etc., to be licensed. So far as I have observed, there is no such statute as yet in any State applying to Christian Scientists.
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