Carroll free press. [volume] (Carrollton [Ohio]) 1834-1861, 1855-02-01


does the fact that the inserted matter is eaRsd qu
New Bill prove that il was nOtNn amend BY
ment. .-. lO'
4. No bill can become Law without reesiy' en-
ing the number Of votes required by the con- re
stitution and il It was found. BY an inspection IN
4 the Legislative journals, that what purPOr's er
to be law upon the Statute books was not s.
uassed BY the req aisite number Of votes, 1t q
might, possibly, be the duty Of the Courts to g
treat It as nuty. But it does notfOllOW that b
:. ao: that was passed by constitutional ma
;o.;,v {, valid, because, in its consideration
,Se he Assembly dio rot suicdy observe the mode
Of procedure prescribed by the cOnsu'u'0n,- =.
There are provisions in that instrument 'I's'
are direct,ry in their character the observance
of which by the Assembly is secured BY their {
sense o! duty and official Oaths, and not BY any !
supervisory power Of the Courts {
s. Neither the lat, 2nd ord, 18th, or 9Th sac
Itops Of the act under consideration, properly
construed, is repugnant to the Constitution IN
saving this, We do not mean to affirm that the
legislature has the power TO wholly prohibit
trafR&in intoxicating liquors in this State
Without deciding whether the Assembly has
anv mower over this subject in virtue OF the
general grant Of Legislative power in Sec l.
Art Q. Of the constitution, we hold that the
enactment Of said sections Of the law is author
lied BY the express grant Of power in Sec. TO-
Art. IS. in these words "No license to tratic
in intoxicating liq uors shall hereafter be grant
ed in this State, but the General Assembly
may, by law, provide against evils resulting
therefrom.
6. A violation Of either the LIST, 2nd, or Srd
sections of the act, subjects the offenders to the
penalties mentioned in the first clause of Sec
g. It is not necessary, iu order to incur these
pepalties. that all three sections be violated
7. If a sale violate all these sections the
offender may be prosecuted under either ol
them and his conviction or acpuittal, Will oal
a prosecution, for the same sale, under ethel
ng' of the other two sections.
But conviction, or acquittal, under th'
:. Ist, end, or Sd section is no ar to proseeu
ton under the 4th. =. q. ' .set
- 9. To convict for a violation OF the End sec
. ton. it is necessary 10 aver in the information
n and prove on the trial, that the seller kne" IN
= huver to be minor and to convict for VIC
lation of the third section, it is necessary
aver and prove, in like manner, that the Sei''
knew the buyer 10 be intoxicated, ,or in the hat
it of getting intoxicated. (Birney's case
: R. qs7, followed and approved.)
.na 10 To convict for violation of the sth Sc
Ind tion it is necessary TO aver in the intormatlo
and proye on the trial, that the place, whe
g. the lieuor was sold, was place of public
hon' sort. And the proof must also show that
In was place where liquors were habluahy Sc
v. 4 in violation of the act. A single sale does
for make the place anusance, or the seller 'ke'
Nav err within the meaning of the act a ser
alnst of sales is necessary.
ating IL. No order to shut np, OF abate the pa
,cton can rghtlully be made e,unless the nuisance
Eating tinues to exist at the tine such order IS ma
all he Unless therefore, the COURTS satisfied, that
nui- the time of making the order, the place is
,uses. for the sale of liquors in violation OF the
ouses, no order should be made. For it is the uni
where full business, and not the place, per se')
# this creates the nuisance and, hence, where
g nu- business has ceased, there is no nuisance
Keeper bate. No mans property can DC 'o!'ei'eu
matter punishment for crime, the Constitution pro
;ng that no conviction shall work "torie'
lively. Of estate" TART /, Sec. 49, Hence,
and lis no power to deprive man of the use Q
kept property, unless it be necessary N O'u''
ecurty bate an existing nuisance.
ton Of 10 The order is not to be directed to an
nd or fcer. tt not an order to be executed .
officer. It is an order to the person conV
of the obedience to which may be enforced II tn'
;sapce be continued, by attachment Tor
q Jour tempt Of Coart. The order being made
.esenta convict cease to keep house OF pubic n
of May of the character named OF re's'is0 v = =
AGAINST 4th section, he need give no bond' and D
r;ca,inp so ceased, no attachment can properly
t;tuton. sued against him. But if the desire to cor
teenino such house of public resort, he
titution; in order to avoid an a''S'u"'n@ sNS
hall he He has his election, to quit keeping mo
different oublic resort or to give bond and keep 1t
,-fourths out violating the iaW' 81,
pending Ia. The following ln'O'H@'''A
not res in law. 81 ID s n
sball be The STATE OF ouTO. crHRNOST. '
s. s. Probate court, May term, in the J
i to be our Lord, one thousand eight huaore
he Legis- ffty-four John Johnson liOsO So "a
the AS ney OF the state oi onio. 'Ot IN