Buchanan County bulletin. [volume] (Independence, Iowa) 1869-1891, 1871-03-24

workings of the law recently enact
ed in Ohio for the suppression of
the liquor traffic, or at least provid-
ing for compensation for the evils
which that traffic inf1icts upon the
community. The law is founded
upon the principle of making the
rumseller directly responsible for
the injury done to the family or rel
atives of those to whom he sells
liquor, and does not attempt, as in
our State, to prohibit the sale Of in
toxicating beverages. The follow
ing section will show its purpose
and spirit:
"SEc. 3. Every husband, wife,
child, parent, guardian, employer,
or other person, who shall be in
jured in person, property, or means
of support, by any intoxicated per-
son, or in consequence of such in
toxication, habituai or otherwise,
shall have a right of action against
both the person who sold the liquor
and the landlord who owns the
premises on which the sale was
made"
The law also provides that a
Judgment rendered under it becomes
a first lien on the premises in which
the liquor is sold, and in default of
payment the building and fixtu, es
may be sold at Sheriff's sale. In
case of death from the use of liquor,
the law presumes the liquor-seller
to be the homicide and furnishes
opportunity for his conviction and
punishment.
Many suits have already been
brought under the provisions OF
this law, and quite recently exem-
plary damages have been secured
in a number of cases. In one, the
wife Of physician was awarded
$4,000 from a saloon-keeper who
sold her husband liquor which
caused his death; in another, a
mother received $1,000 for the death
of son. AS well may be imagined,
the liquor dealers are in a ferment.
They at first attempted to resist the
law on the ground of unconstitu-
tionality, but were soon compelled to
abandon that attitude, and are driv-
ell to make square defense on the
merits. There is very little chance
for them to escape the penalties If
they once place themselves within
the grasp of the law. Conviction is
almost certain, and the collection of
the damages awarded rendered
completely easy by the liability of
the premises in which the alleged
ACT Is committed.
1t may be proper subject for
discussion by the people of Iowa
whether a system based upon the
Ohio enactment may not be advan-
tageously substituted for the prohi-
bitory laws of our State. 1t must
be confessed that the latter have not
proved so effcctual in suppressing
the evils Of intemperance as was
hoped and expected by their trainers.
In the majority of localities they are
a dead letter upon the statute book,
and even when this is not the ease
their enforcement is attended with
much vexation and Little permanent
results for good. The Ohio law
puts in the hands of those who most
keenly feel the woes resulting from
the liquor traffic the means of Sc
curing a partial compensation at
least, in the way of civil damages,
for the ruin of those near and dear
to them, and the destruction of hap
py homes, and, at the same time,
deals the miserable business of rum
selling blow in its most vulnera-
bic part. The people of Ohio assert
that it is working admirably, and
commend its adoption by other
States.