Gallipolis journal. [volume] (Gallipolis, Ohio) 1837-1919, 1855-02-01
SUPREME COURT OF OHIO.
T.Axn 4. s,arH. OFFICIAL nrfoarsa.l
SATURDAY, Jan. go, 1855.

SATURDAY, Jan. ZOs tooo'
| Present: Thurman, Chief Justice
and Ranney, BARLEY, Warden, ant
Kennon, Judges.
No. 14s. Frederick Miller VS.. Tn,
State.-In error to the Probate Cour
of Clermont comfy,
+ No. f79. Levin Gibson VS.. TIL,
State.-In error to the Probate Cour
of Union county.
The plaintiffs in error were prosecuted
for violations cf the 4th section of tn,
act of May |, 1854, entitled, "An &C
to provide against the evils resulting
from the sale of Intoxicating Liquors il
the State of Ohio" which section pro-
vides: "That all places where intoxi,
eating liquors are sold, in violation oi
this act, shall be taken, held, and de-
clared to be common nuisances, and all
rooms, taverns, eating-houses, bazaars,
restaurants, groceries, coffee houses,
cellars, or other places of public resort,
where intoxicating liquors are sold in
violation of this act, shall be shut up
and abated as public nuisances, upon
conviction of the keeper thereof, who
shall be punished as hereinafter provid-
ed"
Being convicted, they were respec-
lively sentenced to pay fines and be i'm
'prisoned; and orders made that the
rooms by them kept shut up until bond
and security should be given pursuant
to the 9th section of said act. To re-
verse which sentences and orders these
were brought.
THURMAN, c. J., delivered the opin-
ion of the Court. He'd
/. That for ought that appears in
the journals of the Senate and House
of Representatives of the General As
sembly, the act of May l., 1854, enti-
tied, "An Act to provide against the
evils resulting from the sale of intoxica-
ting liquors in the State of Ohio" was
constitutionally enacted.
2. That the provision of the Consti-
tuition (Art. 2, Sec. Is. that every
bill shall be fully and distinctly read on
three different days, unless, in case of
urgency, three-fourths of the House in
which it shall be pending shall dispense
with this rule" does not require that
every amendment to bill shall be read
three times.
8. Every reasonable intendment is
to be made in favor of the proceedings
of the Legislature. 1t is not to be pre-
sumed that the Assembly, or either
House of it, has violated the Constitu-
ton. When, therefore, it appears by
the journals, that bill was amended by
striking out all after the enacting clause
and inserting a ''new Bill" so called,
it cannot be presumed that the matter
inserted was upon different subject
from that stricken out; especially when
the matter inserted is consistent with the
title borne by the bill before such amend
ment. This is the more obvious since
the Constitution provides that "No bill
shall contain more than one subject
which shall be clearly expressed in its
title" (Art. 2, Sec. 16. Nor does
the fact that the inserted matter is call
ed new Bill'' prove that it was not
an amendment.
4. No bill can become law without
receiving the number of votes required
by the Constitution, and if it was
found, by an inspection of the Legisla-
tive journals, that what purports to be
a law upon the Statute book was not
passed by the requisite number of votes,
it might, possibly, be the duty of the
Courts to treat it as nulity. But it
does not follow that an act that was
passed by constitutional majority is
invalid, because, in its consideration,
the Assembly did not strictly observe
the mode of procedure prescribed by
the Constitution. There are provisions
in that instrument that are directory in
their character, the observance of which
by the Assembly is secured by their
sense of duty and official oaths, and
not by any supervisory of the court.
s. Neither the lst, Cd, Sd, 4th or 9th
sections of the act under consideration,
construed, is repugnant to the
Constitution. In saying this, we do |
lot mean to affirm that the Legislature
has the power to wholly prohibit traffic
n intoxicating liquors in this State
Without deciding whether the Assem-
'iy has any power over this subject in
yirtue of the general grant of legislative
,ower in Sec of Art. 2, of the Con-
titution, we hold that the enactment of
aid sections of the law is authorized
" the express grant of power in Sec.
l8 of Art. Is, in these words: "No
license to traffic in intoxicating liquors
hall hereafter be granted in this State,
'ut the General Assembly, may by law,
provide against evils resulting there
ROM" --....
6. A violation of either of the 1st,
ID. or Sd, sections of the act, subjects
he offender to the penalties mentioned
n the first clause of Sec. 8. 1t is not
in order to incur these penal
les, that all three sections be violated.
z. If a sale violate all three sections,
he offender may be prosecuted under
either Of them; and his conviction, or
acquittal, will bar prosecution, for the
same sale, under either of the other two
sections.
8. But conviction, or acquittaI, un-
Ter the 1st, Cd, or Sd sections is no bar