Meigs County telegraph. [volume] (Pomeroy [Ohio]) 1848-1859, 1854-07-18
and he would be unworthy Of bis place, i be

II
and he would be unworthy OF his place, u ne
did no, meet and decide The case.
The cour. held that the Legislature mad
authority 10 pass law TO prevent me evils
arising from the sala OF intoxicating drinks;
that i6e law. In question was just such o law.
II, was no, a prohibi,ory law, and If j, had
bsen passed in accordance with the prOVis'
inns of the Constitution. il should be en-
forced. Bu, il had, not been passed accord
Ing 10 those provisions, and was therefore
no law. He would therefore dischaige The
prisoners who had boen-imprope,ly- sensen-
ced under il. B -
No. wisling,o do Judge Corwin injustice.
we give him the full benefSol slalemen!
Of tho case furnished by personal friend ol
his, andwhich was no doubt revised and aP'
proved by himself. The reader will notice
tha, all The offensive language used by the
Judge. given in the first statement is omitted
in Ills. We suppose, upon second sober
thought, |, was deemed advisable 10 omit
Ihis. Here is iheSia,ement:
The Judge. aIter promising lew remarks
In opposition 10 that class oflegislalion which
prescribes what man shall eai and what he
shall drink. aud wherewithal he shall be
clothed, proceeded TO say, ,ha. government
has discharged lis functions when il provides
for The projection Of The citizens personal
liberty, personal security. and private prop
eriy.
i, hps been urged here, in favor Of sus.
,aipinp the law under consideration, that
Judge w Warien Of Columbus, had caused 10
be published, an elaborate opinion, fully sus.
tanning the cons,itu,ionalily of the law; and
tho, This opinion is fully concurred IN BY
Judge Swan and John w. Andrews, Esq,
Of Columbus. I,is sufficicn, 10 say oi This
argument that these gentlemen received q
handsome fee for the ulterance oil that opln'
ion. and have been known 10 proSecnse lor
valuations OF the law under that opinion
The Constitution of,he State Of Ohio, Sec
zion 8lh of thaI schedule, is as follows;
mo icerse to traffic in intoxicating ilq'
uors shall be hereafter granted In this State,
bu, ,he General Assembly may, by law, pro.
vide apains, the evils resulting lhereirom
From this i, is evident Thai the Conslilu-
don Of the State of Ohio sanctions the traffic
iadin,oxica,icg liquors. but at the same time
the General Assembly is authorized 10 pro-
vide against the evils resulting from lhe sale
Of Intoxicating liquors. Wi'houl, however,
s,oppiup 10 consider whether this is u pro-
hibi,ory law, OF law merely to provide
against the evils resulting from The 'raftic,
,he Constitution further provides, Ar. "a;
Sec. l6, ,ha, every bill shall be fully and dis.
,inc,ly read on three separate days, unless
in case Of urgency ,hree.fourlhs Of The House
In which Ii shall be pending shall dispense
with this rule.
The Journals Of The Senate and House OF
Representatives are by law public records,
and contain evidence Of the legality or lille.
eali,y Of the acts Of the Legislature By re.
ferring TO the journals of the Legislature
which adopted this law. IL will be discovered
,ha, The pretended law was no, adopted in
accordance with. The Requirements oi the
Constitution. |, was reud bu. oncein The
Senate.
The old constitution contained no provis
ion apains, tho evils OF has,y legislation; and
the restrictive measures embraced IN the
new constitution. are part of the remedies
which were designed 10 be corrected in the
New Constitution. This law then. not
having been passed in accordance with the
requirements Of the constitution is moi u
Law. ,g5
lfei,her the Executive or Legislative de-
par,men,s Of lie Goyernmen, violate, disre-
gard or refuse 10 observe the requirements
Of the constitution, Il belongs 10 the Juulcial
Department, 10 enforce their observance' and
proiec,.by proper process, every citizen Tor
their violation.
The rela,ors must therefore be discharged
:. TINS LiquoR LAw-DEcIsIoN OF THE