The Tiffin tribune. (Tiffin, Ohio) 1868-1887, 1870-12-15
THE LIQUOR CAsES-WHLT SAYS THE
LAW?


Grand Jury find indictments against
the liquor sellers of this city, but they
would not.
/ 1t has been the boast Of our present
! Prosecuting Attorney, that if the
Grand Jury would find bills against
saloon keepers, he would enforce the
law to its fullest extent. But where
do we find him when the trying mo-
ment arrives? We find him leagued
with the Gin SINGERS to subserve their
interest, raLher than enforce the law
and keep the obligations taken when
inducted into his Office. Should such
a man have the confidence and sup
port of law-loving and law-abiding
community?
At the last session Of the Common
Pleas Court there were found two in
dictments each against ten Of the sa-
loon keepers doing business in this city.
First, for selling intoxicating liquors
to minors; second, for keeping a place
for the sale Of such liquors to be drank
on the premises. Now, the question
arises, were the Grand Jurors cOmpe
tent judges; whether the evidence Of
fered before them, was suficlentto in
dict, or not? Were they not more
competent, There being fifteen of
them to decide whether the prosecu-
ton Of these cases would subserve
the best interests of the State, or
shall one man say to these fifteen,
gentlemen you do not know your bus
iness, and, as the law gives me un-
limited power, to use it as I choose; 1
will say to the public, through my ac-
ton, that I am all-wise, that the
chosen fifteen are not competent to
discriminate and interpret the law
that is so plain that child, nine years
old, eau read and understand its pro-
visions. There is, or can be, but one
construction placed upon it, and that
is its enforcement. Let US see how it
reads. The law about to be quoted
was passed May 1st, 1854, and has
been copied with great care.
SEC. I. Be it enacted, that it shall
be unlawful for any person o. PERSONS
/ by agent, or otherwise, TO sell, in any
/ quantity; intoxicating liquors, to be
drank in, upon, or about the building,
or premises where sold, or to sell such
! intoxicating liquors to be drank in
any adjoining room, building, or prem
! ises, or other place OF public resort
connected with said building.
] SEC. II. That il shall be unlawful,
/ for any person or persons, by agent,
or otherwise, to sell intoxicating liq-
uors to minors, unless upon the writ
ten order of their parents, guardians,
or the family physician.
In the third section we are told that
it is unlawful to sell intoxicating liqu-
Ors to habitual drunkards.
The fourth section sets forth the
fact that ALL places Were intoX-
icating liquors are sold in viols-
ton Of this act shall be taken,
held, and declared to be common
/ nuisances, ard all rooms, taverns,
eating houses, restaurants, groceries,
| coffee houses, or other place of public
/
sold in violation of this act, shall be
abated and shut upas public nuisances
upon the conviction Of the keeper
thereof, who shall be punished as
hereinafter provided.
Now then let US dissect the law and
/ see what is necessary in proof to
enforce the punishment. 1t seems
that nothing appears on the Journals
of the Senate or House Of Representa-
tives of the General Assembly that
this act was not cOnstitutiOnally en-
acted, and therefore the law must be
constitutional. We fiud by reference
that the act to restrain the sale of
spirituOus liquors, passed March u,
1851, which Immediately preeedes this
act, and was repealed by it, excepted
from its operations sales made "for
medicinal and pharmaceutical pur-
posesi. But this act makes no excep-
tions whatever. The Inference to be
drawn here is that the Legislature saw
the practical abuses arising to this
exception, and intended TO exclude it.
Now it is lawful for any person to
give away Intoxicating liquors in
0Ood faith for medicinal or other pur-
poses, so may any person sell them
for such purposes in any quantity still
they must be drank elsewhere than
where sold, but he cannot lawfully
| sell them to be drank SChere sold for
any purpose. If a physician admin
isteT liquors to patient as a medi-
cine, the act cannot properly be de-
nominated a sale. 1t is necessary to
! show that place where liquors are
J sold is a place of public resort. l
would ask, does not the name Tavern,
, Grocery, Coffee House, Restaurant,
Wine & Beer Saloon give the defini-
ton of the term by implication. Each
, of them are used in the act, and each
: of them To the fullest termination i'm
port a place Of public resort.
There were twenty witnesses before
J the Grand Jury, at the last session of
) the Common Pleas Court in this coun-
ty, all swearing positively (the ques-
ton being propOunded by our boast.
ing soLdierLy Prosecuting Attorney
: that the places indicated were places
where intoxicating liquors were sold
TO be drank upon the premises. What
) other evidence should any one want
? that the facts were true than to walk
along the streets and see through the
omen doors the numerous customers
3 l0unging around the card tables, plead
= ing at the bar for one more drink.
2 The mere evidence of the doors being
, open and sign hung out should be suf-
. ficient proof for an officer Of the law
( TO act upon. If it were to arrest a
> moor misguided female, whose life
had been spent in debauchery, then
e the majesty Of the law must be en-
S forced; but the saloon keeper has in
? / fuence which she has not, and the
aforesaid officer of the law may wish
? to live vet a little longer at the public
! crib, and must therefore nurture and
. deal kindly with these law breakers,
2 who are worse than the midnight as
= sassin.
r Where is the boosted independence
e Of the Prosecuting Attorney or other
law officer that will allow his oath of
? Office to be tIampled in the dust for
t the influence Of a set of men that are
r knowingly stealing away the brains
of their victim, taking from him the
o last dime which should be spent for
' home necessaries? May his children
= rise up In judgment against the man
: VINO will thus allow the law which he
: has sworn to defend to be invaded
G without the proper punishment.
]. We md that no order to abate or
e shut up the place can rightfully be
e made unless the nuisance continues
; TO exist at the time such order is
L made. Unless, therefore, the Court is
: satisfied that, at the time Of making
: the o-daF, the place Is kept for the sale