The Findlay Jeffersonian. [volume] (Findlay, Hancock County, Ohio) 1870-1881, 1874-07-24
The McConnelIsville Ordinance and the
Decision of the Supreme CouIt.

Municipal Corporations in Ohio, by
city and village councils, are authorized
and empowered 10 regulate, restrain and
prohibit, ale, beer, ,porter-houses or shops;
and houses and places OF notorious or
habitualTesort for tipplinG or intemper-
ance See Municipal Code of May Z,
1863, Ohio laws, vol. &C, page Isl. SEC
tion -.
The Incorporated village of McCOn-
nellsville. in September. 1869, passed az
ordinance, which provided as follows:
SEC. /. That it shall be unlawful for
any person or persons TO keep within said
Incorporated village of McConnellsyille,
any house, shop, room, booth, arbor, Gel
lar or place where ale, porter, or beer is
habitually sold or furnished to be drank
in, upon or about the house, shop, room,
booth, arbor, cellar, or place where 50
sold or furnished.
SEC. 3. That for any violation of the
first section of this ordinance, the pSr-
son or persons so offending, shall, upon
conviction, forfeit and pay Il fine of not
less than ten dollars, or more than fifty
dollars, and shall also be imprisoned IN
the county Jail for Il period not exceed
ing thirty days. That for every viola
ton of the second section OF this Ordi-
nance, the person or persons so offend
ing, shall, upon conviction, forfeit and
pay a fine not exceeding fifty dollars, and
be imprisoned in the county Jail not cX
ceeding twenty days.
SEC. l. That all prosecutions under
this ordinance shall be i'll the name of
the Incorporated village of McCOnnells-
IL I.
written complaint. under oath or afiir-
nation, before the Mayor of said village;
and upon the filing OF such complaint,
the Mayor shall issue a warrant, direct
ed to the Marshal of said village for the
arrest of the accused. The Marshal
shall forthwith arrest the person thus
charged, and bring the accused before
the Mayor, who shall proceed as provid-
ed by law; and the Mayor, upon the
conviction of any person for the viola
ton of any Of the provisions OF this or
dinance, may make it part of the sen
tence, that the accused snail stand COM
mitted to the Jail of tie county until
the fine and costs assessed against such
person shall be paid, or otherwise dis
charged, according TO law.
SEC. ). 1t shall be the duty OF the
Marshal and assistant Marshals OF said
village, to make complaint against all
persons found violating any Of the pro
visions OF this ordinance"
The validity of this ordinance was
brought before the Supreme Court ol the
State. 20 OHiO State RepOrtS, page 33o.
The court held that the Municipal Cor
poratiOns of this State were, at t!ie
date of this ordinance and prior thereto,
expressly empowered to pass such IA pro
hibitOry ordinance. and such ordinance
is not therefore invalid. as being ia the
conflict with the statutes OF the State,
or unauthorized.
This decision was cOncurred in by all
of the Judges of the Supreme Court.
Judge Scott, in pronouncing the "ijin-
ion of the Court, used the following ii'ii-
guage:
Ever since the act OF May ,, 49,,
Municipal Corporations have been eN-
preSsly authorized 20 prohibit, within
their limits, ale, and porter shops anu
houses, and places OF habitual resort I"f
tippling and intemperance.
No declaration of legislative p"iicy
could be more clear and explicit than
that which authorizes such prohibition
And il is no ground Of objection TO the
validity of prohibitOry ordinances thus
authorized, that the general laws al the
State do not extend tile prohibition L"
all parts OF the State.
Morality and good order, tine Fuhiic
convenience and welfare. may require
many regulations III crowded cities ana
towns. which the more sparsely settled
portions of the country would find uli-
necessary. And il i Ior legislative DIS
cretion to determine, within the limits oi
the Constitution. To what extent city or
town councils shall be invested with THE
power of local legislation.
Judge Scott also further said. after re-
ferring to the towns and cities" act OF
Mav3. 1852: And by the Muuicipa!
Code of Nav :. 1869, now in force, II l.
declared that all the cities and corpora
ted villages shall have the power, and
NAV. bv ordinance provide for it. eNer-
else among other things to regulate.
restrain, and prohibit, ale, beer, and
porter houses or shops; and houses and
DIaces of notorious or habitual resort for
tippliny or intemperance. Here, then.
is AN express authority, given by statute
TO the village of McConnellsville to
prohibit ale. beer and porter houses or
shops which necessarily includes the
power 10 declare the keeping OF such
houses or shops TO be unlawful; this i
neither more or less than what the ordi-
nance in question assumes 70 do.