The Portsmouth inquirer. [volume] (Portsmouth, O. [Ohio]) 1849-1855, 1855-01-25
supreme eour. q ono y
yAs. u. Same, orIcIAl nEronrEa.

VA9' H. Shhlht OfF1SiAt nAfAhtAnts e.
SATURDAY, Jan. 90, 1855. 4
PresentLThurman, Chief Justice, and
Ranney, Barley, Warden, and Kennon,
Judges.
No. 148. Frederick Miller V. The State.
In error to the Probate Count Of Clsrnontl
county.
No. 179. Levin GibsonS. The State
In error to the Probate Court of Union
county.
The Plaintiffs in error were prosecuted
for violations Of the 4th section Of the act
Of 4Mayi1, 1854, entitled San act TO- pro-
vide against theyeyils resulting from the
sale, of Intoxicating Liquors in the State
of Ohio;" which section provides: ''That.
all places where Intoxicating liquors are
sold,in yiolotion of thisae shall be taken,
held, and, declared to be common nuisan-
ces; and all rooms, tayerns, eating houses,
bazaars, restaurants groceries, coffee
houses, cellars, or other places of public
resort where Intoxicating liquors arc sold
in violation of this act, shall be shut up
and abated as public nuisances, upon the
conviction Of the. keeper thereof, who shall
be punished as hereinafter provided" aol
Being convicted, they were respective
ly, sentenced to pay fines and beimpnson-
ed; and orders made that the rooms by
them kept should be shut up unit. bond
and security should be given pursuant to
the 8th seeiinn of said act 10 reverse
which sentences and orders these writs
were brought. -. y .aet4.a i
Thurman, g. j., delivered the opinion
Of the Court. Held "a
]. That, for ought that appears in the
journals Of the Senate and House Of Rep
resentatiyes of the General Assembly, The
act of May /, 1854, entitled San act to
provide against the evils resulting from
the sale of Intoxicating Liquors in the
State Of Ohio" was constituiionally en-
acted. .ie,.i.
2, That the provision Of the Constitu-
ten Cart. Q. sec. Is, that every bill shall
be fully aud distinctly read on three differ
ent days, unless, in case ofurgency, three
fourths of the House in which it shall be
pending shall dispense with this rule"
does not require that every amendment to
a bill shall be read three times.
8. Every reasonable intendmentis is 10 be
made in favor Of the proceedings Of the
Legislature. Il is not to be presumed
that the Assembly, or either House Of it,
has violated the Constitution. When,
therefore, itappears by the journals, that
a bill was amended by striking out all after
the enacting clause and inserting "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
amendment. This is tie moro obvious
since the Constitution provides that, "No
bill shallcontain more than one subject,
which shall be clearly expressed. in its IL
tle." Cart. 9, sec. 16.) Nor does the
fact that the inserted matteris called ANEW
bill" prove that it was not an amendment.
a. No bill can become a law without
receiving the number OF votes required by
the Constitution, and if it was found, by
an inspection of the Legislative journals,
that what purporis 10 be law npon The
statute book was not passed by the requi-
site number of votes, it might, possibly,
be the duty of the Courts TO treatit as a
.nullity. But it does not follow that an act
that was passed by constitutional major
ity is invalid, because, in its consideration,
the Assembly did not strictly observe the
mode ofproccdure prescribed by the Con-
stitution. There are provisions in that in
strument that are directory in their char
acter, the observance of which by the As
sembly is secured by their sense of duty
and official oalhs, and not by any super
visory power of the Court.
e45. Neither the. 1st, Cd, Sd, 4th or 9th
sections of the act under consideration,
construed, is Repayment to the
Constitution. In saying this, We do not
mean to affirm that the Legislature has the
power to wholly prohibit the traffic in in
toxicating liquors in this State. Without
deciding whether the Assembly hasany pow
er over this subject in virtue ofthe general
grant of Legislative power in sec. of art.
2 of ,he Constitution, we hold that the en-
actment of said sections of the lawis au-
thorizcd by the express grant Of power IN
sec. IS Of art. 16, in these words: ''No IL
cense to traffic in intoxicating liquors shall
hereafter be granted in this State, but the
General Assembly may, by law, provide
against evils resulting therefrom."
6. A violation Of either the 1st, Cd OF
Sd sections of the act, subjects the offend
er to the penalties mentioned in the first
clause of sec. 8. 1t is not necessary, in
order 10 incur these penalties, that all
three sections be violated.
7. If sale violate all three sections,
the offender may be prosecuted under Ell
ther of them; and his conviction, or ac-
quittal, will, bar a prosecution, for the
same sale, under either of the other two
sections.
8. But conviction, or acquittal, under
the 1st, I'd or Sd sections is no bar to a
under the 4th.
8. To convict for violation of the Cd
section, it is necessary to aver in the infor-
nation, and prove on the trial, that the
seller knows the buyer to be minor; and
to convict for violation Of the Sd section
It is necessary to aver and prove, in like