The Jackson standard. [volume] (Jackson C.H., Ohio) 1847-1888, 1855-07-05
For Tho Jackson Standard. ]

commenced against our Hotel keepers for
violating the laws of the state, it appears
to me that you wish to throw out an init
nation that the officers in bringing these
cases before the Court, have exceeded their
duties.
Justice to the Auditor and myself, re-
quires few words of explanation, that
the peoples" may rot get a wrong i'm
preston about the matter.
You say "this is new move" Now,
if you will examine the records of this
county, you will find that this law regula-
ting taverns, has been enforced in this
county as long ago as Mr.. McQuality's
time.
do not understand why you should
learn that this is altogether fresh kink,
recently discovered in the laws of the State
of Ohio" when it has been spread upon
our Statute book for more than twenty
fouryears.
By the act of March Sd. 1881, Sec.
Swans Stat. 1874, it is provided, that
"No person shall be permitted to keep a
tavern, without having obtained license
from the Court of Common Pleas of the
proper county, for that purpose" By
Sec. 18th, it is provided, "That if any
person shall keep a tavern without being
duly licensed as a keeper Of such tavern,
each and every person SO offending, shall
forfeit and pay, &C." BY Sec. 18th, of
the same act it is provided, " That it shall
be the duty of the County Auditor, and
the Attorney for the State, in each county,
to give information, and prosecute all of
fences against any of the provisions of this
act. By Sec, Sd of this act of April Sd,
1859, (Swan, 1861 it is enacted, "That
each and very Prosecuting Attorney, here
after elected, under the first section of this
act, shall, before entering upon the duties
Of his office, take an oath or affirmation, to
support the Constitution of the United
States, and of this State, and faithfully
and mpartially TO discharge the duties of
his office" He is also required to give a
bond, with penalty of not less than one
thousand dollars, for the faithful perfor-
nance of his duties, to the best of his skill
and abilities.
Now there are but two courses for the
prosecutor to pursue ; either violate his
oath and forfeit his bond, or do as the law
directs, faithfully and impartialy dis
charge his duty.
l am aware that there is large party in
this State that holds that compacts, and
treaties, and charters, may be set aside
by any one who chooses to do So and that
any person can decide any law to be un-
constitutional, if said law does not happen
to suit him. but that the performance Of a
plain duty, that a man has taken q solemn
oath to perform, should be considered a
new move, and fresh kink, is carrying the
law of progress alittle further than Is quite
comfortable to some mems conscences.
Again you say, 1--WE understand that
some Of our Hotel keepers have been fotch-
ed up standing forpresuming to keep houses
of entertainment, without paying (obtain-
ing?) license todo so." | suppose that
the Legislature had not so much in view
the amount of money that might be paid
into the treasury for licenses, as the secu-
rity of the public against imposition; for
by the act of Feb, 95th, 1853, Sec lst,
(Swan, 896)it is provided that any person
applying for license to keep tavern, must
satisfy the Court that he is suitable per-
son to keep a tavern, aud is provided with
suitable accommodations for that purpose.
! am willing for any intelligent hotel
keeper in this place, after having examined
the statutes above referred 10, to say
whetherhe seesanything "new" or fresh, 4"
Or "kinky," in being required to obey the
plain letter of the laws Of his State, which |
he has had his part in enacting, or at least
in suffering to remain in force to the pre-
sent time. D. MACKLEY.
Jackson, July 9Th, 1855.
G.rIn reply to the above communication,
we beg leave to say that we had no inten-
ton to reflect upon the duties Of the Off
GERS having the enforcement of the law in
charge; but merely made allusion to it as
a new kink, not having heretofore, to our
recollection been putin force.
We do not wish to be understood as
consuming any officer in the discharge
of his sworn duties but rejoice that we
have such among us, and think rehec-
ting community will sustain them.
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Editors of the "Standard -