The Jackson standard. [volume] (Jackson C.H., Ohio) 1847-1888, 1854-07-13
The Liquor LaW-.Judge COrWin's
Decision.

Below we give the decision Of Chief Justice Cor.
win Of the Supreme Court on the constitutonality o.
the new Liquor Law, which decision was delivered
by him, rs We understand, upon q case brought be.
fore him by writ Of lIabeas Corpus Whether the
other three Judges, or majority OF tlem agree with
him, yet remains to be decided. Judge Corwin
says:
The Judge, after promising few re.
marks in opposition 10 that class Of legis'
lation which prescribes what man shall
eat and what he shall drink, and where.
withal he shall be clothed, proceeded ic
say, that government has discharged its
functions when ii provides for the protec.
ton Of the citizens personal liberty, per.
sonsl security, and private property.
1t has been urged here, in favor OF sus
tanning the law under consideration, tha
Judge Warden Of Columbus, had caus
ed TO be published an elaborate opinion
fully sustaining The constilutionality o.
the law; and that this opinion is fully con
Cured in by Judge Swan and John W,
Andrews, Esq OF Columbus. 1t is suf
foient to say OF this argument, that these
gentlemen received handsome fee for
the uterance Of that opinion, and have
been known TO prosecute for violations OF
the law under that opinion.
The Constitution of the State OF Ohio,
Section 9th Of the Sche dule, is as follows;
"No license 10 traffic in intoxicating
liquors shall be hereafter granted in this
State, but the General Assembly may, by
law, provide against the evils resulting
therofrom.
From this il is evident that tho Consti.
tuition Of the State of Ohio sanctions the
traffic in Intoxicating liquors. but at the
same time the General Assembly is au
thorized to provide against the evils re-
Sulting from the sale of intoxicating liq
uors. Without, however, stopping TO con
slider whether this is prohbilory law. Of
a law merely to provide against the evil
resulting from the traffic, the Constitution
further provides, Art. Cd, Sec. lG, tha
every bill shall be fully and distinctly
read on three separate days, unless in
case of urgency three iourhs oflhe House
in which it shall be pending, shall dispense
with this rule.
The Journals of the Senate and the
House of Representatives are, By idw
public records, and contain the evidence
of the legality or illegality of the acts o
the Legislature. by referring to the
Journals OF The Legislature which adopt,
ed this law, it will be discovered that the
! pretended law was not adopted in accord
ance with the requirements OF the Consti
luton. 1t was read but once in the Sen
/ ate.
The old constitution contained no pro,
vision against the evils Of hasty legisla.
ton; and the restrictive measures en-,
braoed in the new constitution, are par
Of the remedies which were designed tt
be corrected in the New Constitution
This law then, not having been passed il
accordance with the requirements of The
constitution, is not law.
II either the Executive or Legislative
departments Of the Government violate
disregard or refuse TO observe the re-
qurements OF the constitution, il belong.
10 the Judicial Department to enforce lheil
observance, and protect, by proper pro-
cess, every citizen for their violation.
The relulorS must therefore be dis.
charged,