The Ohio star. [volume] (Ravenna, Ohio) 1830-1854, 1853-04-13
From the State Jorraat.
Temperance Legislation.

ed Dy the Legislature OF ONO on the suOeeC u tuo
suppression Of houses shops, and stores kao,cn to
be places Of habitual resort for tpplug and intern
perancs? I am sure, MIR. Editor, that every
friend of temperance. including those who voted
Tor this bir will, reflection, most sincerely re-
gret the passage ofsuch act. 1t is precisely
such Legislation as the friends of temperance, who
nave looked on the subject in ali its bearings, do
not want; because, 1st, 1t is unequal and partial
2d' 1t IS uncertain 3d, 1t is impractieable. 4th,
IL Is not' and cannot be made efieacious. 5th, It
conflicts with other legislation. 9Th, 1t takes leg
islatye power and responsibility from those who
are elected for that purpose and bestows il
upon three men in each township, who were NOT
elected for any such purpose, and who, in very
many easses, are entirely incompetent TO preform
the duty. 9Th, 1t makes that law to-day which
may be repealed o-morrow-leaviDg no pos-
sble certainty in relation to proceeding under it;
and though might add handred others. win
only add here as the 9Th and est 1t is such Iegis-
lation as must inevitably be taken back and there
Will then be the same cry as is now raised about
the back-track in the State of Illinois. But here
is the law. and the reader will please read in con-
nectlOn with it the brief notes appended.
AN ACT
Further defining the po,uers of Trustees of Isasa-
ships, passed March 12lh, 1858.
SEC, Be ii enacted 6y The General Assem6ky
Of The STATE of Ohio, That the Trustees Of each
and every organized township in this State, shall
have power to suppress or prohibit all houses,
shops or stores known places of a) hdbitaaIr re-
sort for tipping and intemperGncr. under such
rules and ordinances, and by the imposition OF such
N slf III
provided, no fines shall exceed fifty dollars b) and
costs, including the fees of Sheriff or Jailer, nor
any imprisonment in the county Jail, for longer
time than twenty days.
SEC. 2 That for the purpose of carrying into
effect the provisions Of this act, said Trustees, or
majority of them. at any regular or special
meeting, may enter IN the book Of records of their
respective townships an ordinance prescribed (el
as Aforesaid. but before the tskiDg effect OF such
ordinance (d). the same shall be published far
four consecutive weeks in some newspaper put-
lished in the county. or having general circula-
ton therein; and said Trustees shall furnish the
Justices OF the Peace in there respective town
ships. and the Probate Judge ofthe proper county,
with copy of such ordinances.
SEC. 8. 1t shall be, and is hereby made the
duty of the justices of the Eeace in the several
townships of this State, where such ordinance
exists, to enforce the rules and ordinances presrb
ed aforesaid (e), and upon complaint on oath or
affirmation. charging any persons with violation of
such ordinances, to issue there warrants, directed
to the proper constable, who shall serve the same
as in other criminal cases, and the defendant,
when arrested. may have the benefit of trial by
jury, which jury shall be summoned in The sumo
manner as juries before justices of the peace in
civil cases. The defendant sliaH also have the
benefit of ceriorari error, or appeal TO the pro-
bate court OF the proper county. by giving hond
| and security in double the amount of fine and
costs imposed by such justice, and said court, Of
which is hereby given appellate jurisdiction in ali
cases arising under this act. shall proceed TO hear
ing and trial of such cause in the same manner
as if such cort had had original Jurisdiction. AL
appeals taken un Ter this act. shall be filed in the
probate court of the proper county, within ten
days from the rendt Of the judgment of any
justice Of the peace and writs certiorari shall be
prosected within the same time.
SEC. 4. All fines imposed under this act, to.
geiher with the costs of prosecution Including the
fees oi sheriff or jailor, shall be collected by the
justice Of the peace or the probate judge finally
determining the same, and when collected shall
be paid into the treasury of the proper township,
and the fine shall be appropriated for the use of
common schools IN
SEC. 5. In all prosecutions under this act the
justices of the peace shall require the complain
ing witness to give security for all costs that NAV
accrue in case the defendant shall be found not
guilty. (g)
he ne nl,nFf
tend to any Incorporated city or ucorpoy ate villages
tntlis State, in which there shall be in force any
ordinances for the suppression prohibition of hous
es, shops or stores known places of habi,ual
resort for tippling and intemperance.
Sec. 7. 1t is hereby made the duty of the sew
eral prosecuting attorneys TO prosecute all cases
arising under this act, whenever the same shall be
taken by appeal or cerorari irto the probate court
Sec. s. The justice or probate judge before
whom prosecution under this act is finally deter
mined against the defendant may commit, aud it
shall be the duty of the sheriff or ailer to receive
and safely keep such defendant in the couny jail in
accordance with the terms of the commitment,
and the fees of the sheriff or ailer shall be paid
out of ihe treasury of the proper township, the
order of the township trustees.
| Dated March IL. 1858.
| NorEs.--(n) This only reaches houses knorn
places of habiiudt resort for ippling and intem-
| perance. The prosecutor must first establish
what "habituol resor:'' meaus-then what 'iip-
ping aad infenperanee'' means-and then that
the house. shop or store complained of is such
place. Those who have had any experiences 10
such prosecutions well know that in ninety nine
cases out IF hundred this would leave a loop
hole through which the guilty would escsne A.
gain: genteei saoon-a respectable bar, shop or
store that cells to be carried out of the when
sold, is not included nor intended TO be, The
poor mans grogcery may be fined and he impris-
oned. while the rich man sesntoel recruiting Office
goes acquit. is partial and unjust, if it could he
enforced.
(J) The fne is much more severe than under
the much abused Maine Law. But it will no, be