Fayette County herald. [volume] (Washington [Washington Court House], Fayette County, O. [Ohio]) 1860-1???, 1871-02-23

q he fined in the sum OF twenty dol
lars and costs, by and before th'
Mayor of Greenfield. on the charg'
I Of keeping a "Beer-House' in thu
, village of Greenfield, contrary tC
the provisions of an ordinance ot
, said village, which reads as fol
lows:
, IAN ordinance to prohibit Ale,
Beer and Porter Houses or Shops
and places for notorious or habit.
T ual resort for tipping and intem-
perance."
"SEcTloN l. Be ii ordained By
the Council Of the Incorporated
Vilage of Greenfield. That all
Ale, Beer and Porter Houses or
Shops, within the limits Of said
village are hereby made and de
clared 10 be unlawful, and the same
are hereby prohibited. And if any
person or persons, by agents or
otherwise, shall, within the limits
aforesaid, keep any such Ale, Beer
or Porter House or Shop, he, she
or they, shall, upon conviction
thereof, before the Mayor of said
village or other proper officer be
fined, for the first offense, not less
than twenty dollars, nor more than
fifty dollars, and for the second
offense, not less thar thirty dollars
nor more than one hundred dol
lars"
SECTION 2. That ali houses and
places of notorious or habitual re-
sort for tippling or intemperance,
within the limits of said village,
are hereby made and declared to be
unlawful, and the same are hereby
prohibited, and if any person or
persons shall keep any such house
or place, he, she or they shall, on
conviction thereof, before the
Mayor of eoid village or other
proper officer, be fined in any sum
NOT less than thirty dollars, nor
more than fifty dollars" ="
The authority under which this
ordinance was passed is to be found
in the fifth paragraph of Section
1919 of the 'Act to prOvide for the
organization and government Of
municipal corporations, passed
Mag 7, 1869. o. L. Vol. 66
Among other general powers
delegated to cities and villages by
said section, is that of Regulating,
restraining and prohibiting ale,
beer and porter-houses; and places
of notorious or habitual resort for
tippling or intemperance."
The fact that the Legislature of
Ohio, has, by this act, clearly dele
gated the Authority to the village OF
Greenfield to provide such an ordi-
nance cannot, therefore, be ques-
toned; but whether, under the Con
stitution of the State, the General
Assembly had the power to delegate
such authority under the limited
power it itself possesses upon the
subject, is a question yet unsettled
and admitting of doubt Acting,
however, upon the rule that nfst-
prius courts should hesitate to pro
nounce an act unconstitutional,
unless most clearly so, and enter
tanning doubt upon the subject, |
shall refrain from any expression OF
an opinion upon the point, but leave
it to the supreme judicial power OF
the State to authori tatively pro
nounee upon it.
For the purposes of this case,
however, and Others like it, it is
necessary that this court, admitting
the validity of the act, should give
the ordinance such Interpretation as
may harmonic its provisions with
the general laws ofthe State, and at
the same time explain the legisla-
tive intention in the terms used. |
To do this, it is necessary to take |
into view, not only the entire or
dinance, but the law of the State
authorizing its passage.
In looking to the object had in
view, by the enactment Of the gen
eral act, it will be perceived that II
was intended to enable municipal
corporations to suppress the vice of
intemperance, by the abolition OF
houses. shops, or places of notori-
GUS resort for tippling and intem-
perance. The primary or chief OBJ
ject of such house, place or shop,
should be the sale of ale beer, or
porter, by retail, for tippling pur.
poses; for in no wise can it be said
to he a beer or ale house unless
such is the object and practice. IT
we look to the books for defnl-
ton of the words "beer-house," or
"ale house," they tell us that tney
are houses, "where ale or beer is
retailed, and hence, tipping
house"
It is contended that by the use of
the terms "ale," "beer," or porter
house" was meaht all houses where
ale, beer or porter is sold. If such
was the intention ofthe Legislature,
then they have conferred upon mu-
nicipal corporations the power to
suppress any house where these ar.
ticles may be sold. This would in
clude taverns or hotels. apothecary
establishments, eating houses, res
taurants, groceries and various
other classes of houses where beer,
ale or porter is sold. The power
I