Fremont journal. [volume] (Fremont, Sandusky County [Ohio]) 1853-1866, 1853-04-02

Judge. think 1t is nothing but personal TRADE ,
OF such q character as might have been expected
TO emanate from such a source. do not complain
Of this, for man has a right TO exhibit his nature
at pleasure, and, IL IL is bad, the community can
then be on their guard. uN
Brice saye, I "seem" to take the right 10 question
the legality Of their late proceedings, and, he nsi
taics, that have right to do this, for the reason,
suppose, that do not belong 10 the aristocracy.
do question the legality Of their proceedings now,
il never did before, aud always thought had
right to do so, until his Honor seems to intimate
differently, and he thinks anything he does says,
must not be questioned--ihe result suppose of his
genuine democracy.
Brice, (unless he 10 himself nlistaken,) stands at
the head Of the Bar, and il looks little presump
tuous in an outsider TO question his legal opinion;
but at the risk Of even this, must denounce his
opinion on this question utterly unworthy of re-
speot, and, il he had paid strict regard to truth,
some OF his statements would never have been
made. The sale Of liquoris is, believe, a common
law right, and the Legislature had never passed
law on the subject, or granted municipal corpo-
ratons the right to regulate the sale thereof, every
citizen would be athbertyto sell il. But the Leg.
isature has modified and abridged this common
law right, by the adoption of general law, to pro-
hibit every body from selling il b. the drink
and in quantities less than one quart, except for
medical and pharm maceutcal purposes. This law
is yet in force and has been upheld by the COURTS
and is just The Legislature has given corpora
tons the powe 70 prohibit the sale of ale and h.
quors by the 9rk aud By express statute, have pro-
hibited them from doing anything else in relation
TO this matter.
Now Brice, when you say the "courts have de-
cided against me over and over again." you are
saying that, which in the mildest language, is pure
fiction, and there, think, see the "cod sh tai'
sticking out. The courts, (and the court Of last re-
sort,) has recently decided that municipal corpo-
ratons can make no ordinances modifying or
- fhap L., .f
poralions, unless expressly authorized to do SO by
the General Assembly, and then, they cannot go
one iota beyond the authority. Now, Brice, the
"many provisions" OF law Of which you told the
council, is confined 20 a single "provision, " ana
that is, the prohibition of the sale of liquors in
quantities less than one quart except for medical
aud pharmaceuticle purposes, for which it may be
sold in any less quantity. think, Dear Brice, that
no court Gin fact am certain.) since the adoption
of the Constitution aud the passage OF the gem
eral law regulating Incorporated cities and villages,
has made any such decision as You speak of, and
whom you said it, you were only playing at your old
game of Jrdg and bluff. will go little further,
and say that think no respectable court in Ohio
has ever decided that corporations have such pow
ers as you claim for Fremont unless the power
was expressly granted in the act of incorporation.
You say, Dear Brice, they havei if it is true, il
would have been an easy matter for such all intel
hgent (?) lawyer as you claim to be, to have refer
thereby enlightened me, and the darkness of man J
others less informed than yourself But perhaps
Brce has reference to courts out of the State; but
believe our statutes would hardly be construed by
their decisions, and the only one call to mind
is the decision of Judge Curtis OF the United States
Supreme Court, against the consttutonality of the
Maine Liquor Law, and the decision of our own
court, where individual had been fined in the
common pleas, for selling in less quantity than
the law allowed, appealed to the supreme court.
and judgment was reversed on The ground that the
liquor was sold for medical purposes, consequent
", not hneable
But, Dear Brce, you say tive have courts in
which are willing 20 appear aud test the legali
ty of our proceedings." And here, again, should
like little information from your Honor, and, as
il seems to be your mission to inform the ignorant,
if yon do not feel too "cod .fsily," (of which you
are generally suspected, since you got up little
by the "wicked" device of the lawyer, in wrestling
property from people that were in possession for
twenty years, when did you become willing TO
enter our court "to test the legality Of proceed.
ings," for, rou remember, Dear Brice tho time is
not long gone by when you came to to see
who | would vote for as Judge; you remember,
Brice, you told me you preferred MIR. b., for the
reason that you knew, or you feared Mr.. o. would
be governed in his decisions by ths clamor of the
outside rabdle. should like to know when you
changed your opinions Of the Judge, and for what
reason. DO you now expect that he will throw the
constitution to the moles and bats 10 please you?-
And do you now expect he will throw aside the
laws of the Legislature, ''the supreme power in the
state" and aid you in carrying out ordinance
TO license some man TO sell liquor, in whose eyes a
cent will appear as big as cart wheel; and con =
sequently the temptation 10 sell bad liquor TO en-
hance the profits, be vastly increased?
You say, dear Brice, that you expected me to op.
pose the ordinance, because you "never knew me
to be in favor OF reform advancement" do not
know that understand you exactly, but if by re-
form you mean moral reform, concluded long ago
that was far ahead OF you in that respect that
would wait awhile 10 see whether you would
catch up with me, and if you did, would take u
fresh start always determined 10 keep ahead OF
you. If by ''adUGnceHelt' you mean political ad
vancement, mus I confess you have the advantage
Of me. But q short time ago. | knew you a very
warm Whig, but somehow, they were SO dull, hey
could not appreciate your merits, and did pay.
Then, you took kangaroo leap to the free soiers,
but it was soon evident that would not pay expen-
ses and having desire for some OF the "fcs baUe
and tteo fshes;'' and having smel'ed the Indians in
Texas, you thought it best to make another leap,
and try your hand for an agency amongst the red
men of the forest. II you succeed, time must de-
termine whether the ''barbarians" will be benefit
ted by contact wish you.
You say, dea, Brloe. that knew the only object
the COuuci had ~ new, was 'to rid the town of a
withering blight" knew no such thing, Brice,
and if it was, rs wrong to attempt to do il by lille
gal means. But Brice, If you were 80 very desi-
rous 10 iIee the town of 'bigtts," why did you not
| at the same time, make an ordinance TO prohibit
iaicyers' offices from being made gambling shop,
half the nights in every week, where the young
men are manufactured into gamblers7 II am tc
believe Sebring and Doncyson. the ordinance wa,
passed to save them from losing money.
You say, dear Brice, that 'daily violate the
law" This is partly true; but ]. lie not right to
denounce me for il, because you know you have
frequently been the cause Of my violating il, for
you we'll recolect that violated it three times in
ttceIy minutes by ysuT request that should furnish
you with as many good stout horls' Of The best bran
dy aud NIgar, and the relish with which you drank
it, made me believe you did not think it was 'pois
on or poke berry, And unless | am misnlormed
you have said, since the ordinance was made, that
you did not expect the grocery keepers 10 deny you
drink when you wanted ii, or any other man o
your Standing; but that this ordinance was made tc
prevent hard cases from getting il: j. O., the poor
and laborng part of community. You expect tC
keep your denljoln, and get il filled without being
questioned whether you wanted it for lawful pur'
poses, because you are lawyer and belong o.
fancy you do,to the upper ten, while everybody else