Delaware gazette. [volume] (Delaware, Ohio) 1855-1886, 1869-03-26
NO. /.
SALE OF INTOXICATING LIQ-
UORs TO MINORS.

SALE OF INTOXICATING LIQ-
UORs TO MINORS.
Mr.. Lee introduced in the House the
following bill
A BILL
To amend sections two and three OF an
act entitled San act TO provide
against the evils resulting from the
sale of Intoxicating Liquors in the
State of Ohio" passed May /, 1854.
IS. g. O., 1431.)
SEC. 1. Be &c enacted by the General As
sensbly Of the State Gf Ohio, That Sec
tions two and three of the act passed
Nav /, 1854, entitled. tan act to provide
sale Of Intoxicating liquors in the State
Of Ohio" be amended so as 70 read as
follows:
SEC. 2. That it shall be unlawful sor
any person or persons, by agent
or otherwise, TO sell intoxicating
liquors to minors, unless upon the
written order of their parents, guard
iRns or family physicians, and proof
that the defendant sold intoxicating
liquor to minor or that such selling
was done by a person or persons IN the
employ or belonging to the family Of
the defendant, shall be taken and held
as primR faeie evidence Of guilt In all
prosecutions under this section.
SEC. 3. That It shall be unlawful for
any person or persons, by agent or
otherwise, to sell Intoxicating liquors
10 persons Intoxicated who are in the
habit of getting Intoxicated, and proof
that the defendent sold Intoxicating
liquor to such person or persons, or
that selling was done by person OF
persons in the employ or belonging to
Ihe family of the deiendent shall be
taken and held as prinaa facie evidence
of guilt under this section
SEC. T. Sections two and three, to
which this act is amendatory, are here
by repealed
SEC. 5. This act shall take effect and
be in force from and after it's passage.
This bill was referred to the standing
Committee on Temperance, from which
it was reported back by the majority
without recommendation. The minor
ity Ofthe Committee, strongly desiring
the passage of the bill, submitted the
following report:
The undersigned, a minority OF the
WIS referred II. B. No. 40, finding
themselves unable to concur with che
report and recommendation Of the
M ajority, beg leave to submit their
minority report, with their reasons
for the same.
Inc law OF OulOs 4UI over IOuELG9u
years, has made IL unlawful to sell in
toxicating liquors to minors, unautbor-
lied by parents, guardians or pbyBi-
clans also unlawful to sell to persons
intoxicated. A rule OF evidence,
established by the Courts, in
prosecutions for violation Of these
provisions of our law, makes 10 incum-
bent upon the State, in order to werk a
conviction, to convince the jury, by
proof, that the accused knew the person /
to be minor, or intoxicated, as the 4
case may be, at the time of such sale.
This bill proposes simply to change /
the burden of proof, and place IL upon
the accused, to satisfy the jury that he
made the sale in Ignorance of the mi /
nority, or condition or habit of the per /
son to whom sold. In other words, to I
make proof of the selling, and the mi-
ling intoxicated, prima facie evidence
1f guilt.
10 the undersigned the proposal /
seems reasonable and Just, and not cal
sulated to work any hardship upon de-
fendants, under the liberal rules Of evil
1enc9 adopted in this State in criminal
trials, allowing all accused persons to
testify in their own behalf Guilty /
knowledge is the most difhcalb part Of /
a prosecution, in many kinds OF cases,
TO establish. There ss one party usual /
IL that is possessed of the requisite in /
formation of the fact to be proved, and 4
that party is the HccUsed person hinn- |
self.
1t is easy then for hina to exculpata
himself by his own oath, while it may
be very difficult indeed for the State to
inculpate him, by competent legal evil /
dence Of his guilty knowledge: there /
lore, in the opinion of the undersigned, /
when the rule of evidence was changed,
allowing defendants to testify in their
1wn behalf in this State, also was
with il the reason of the rule
placing the burden upon the State, and
t, from that hour, properly becomes,
n Justice and propriety, matter of de-
ense.
Before the change, It would have in
Iced been hardship and impossibili-
" for an accused person 20 show that
le had not the requisite knowledge,
and hence the State was properly re-
Iuired to make out its case, and prove /
he guilty knowledge. The defendants
by the beneficence OF our Leg
stature, is now opened, and he cannot
sOmplain of a change, as contemplated
oy this bill, as burdensome.
There is a class of persons, Of whom I
5he law-making power and the courts
are the especial GUARDIANSHIP wit, mi-
lors. The policy of the law has always 4
been to protect their civil rights and /
throw every safe guard around their /
shield them from tempta- 1
he paths of virtue and wisdom for 4
ibis purpose our common school Bys- 1
,em was devised, is fOstered, and sus-
aimed; because the youth are the
lopes of the Church and State, and it
matters not how diversified mems
Jews are upon the hquor trafho and
he questions growing out thereof, |
here Is but one voice among all men in
respect to sales TO minors. No man
lare advocate or defend It, that is pos
essed Of a decent regard for the Opin-
on Of others.
This bill, without touching upon de-
Datable ground, or any political party
ssue, as the undersigned believe pro-
)oses to establish n r04e that shall very
mai erially aid the courts in protecting
he young men from the machiuations
,r reckls IS Indifference of a repaciOus
liquor vendor. t.u
So of that class Of unfortunate citi-
eIis OF cur State suffering under the
ELI disense uf. drunkenness,t that utterly
lVerthrows the will and attacks the
lerYous system with such force as 20
Master all other faculties and place the
'ictim utterly hound and helpless in
he power OF thJ vendor Of alcoholic
thinks.
Shall the law interpose its strong arm
more effectuRllY for his protection ?
ihall it suffer him to remain at the
mercy of one whose greedy appetite for
-aln cOnQueTE al GulOkLou5 OF pity AuE
he victim whose raging thirst 6ubOrdi-
Iates all its faculties,
Among rejecting men there can be
tut one opinion, and that Is, that II {
hall be unlawful to sell To one thus de-
,rived, by disease, of the power OF eX II
rcising healthy volition, and he who
hus sells, shall assume the burden of
howipg, to the satisfaction of the jury,
hat he was not POSSESSED of that
knowledge requisite 10 constitute guilt.
We, therefore, earnestly recommend
he passage of the bill. Ii
4. A. WELSH,
JOSIAH THOMPSON,
JAMES NJ. kahn.
CONGRESS does not always take an