Fayette County herald. [volume] (Washington [Washington Court House], Fayette County, O. [Ohio]) 1860-1???, 1878-07-11
TEMPERANCE COLUMN.
Contributed by Ladies of Washington Temper
ance Union.I
We ask the attention ofmen and women

| Contributed by Ladies of W Washington Temper
/ ance Union.I
We ask the attention ofmen and. women,
whether for Temperance or against it, to
the following paper on the liquor laws of
Ohio. This paper was read before the
State Convention of the w. c. #. U.
in its late session at CircIeville:
THE PRESENT SCOPE OF TEMPERANCE LAWS.
The General Government has no con-
troll over license or prohibition in the
State. The States at the formation of the
union gave the General Government the
| power to collect taxes for revenue. 1t
chooses to tax whisky and tobacco instead
of bread and meat-would you have this
changed? If the Government had the
power to suppress the manufacture and
| sale of whisky it would unquestionably
be its duty to do it, as it has not the pow
er it weighs down the business with taxes
as much as possible. When this tax is
collected receipt is given. 1t has unfor-
tunately been called a license, and the
use of the word has caused great confu-
sion, it has led many good temperance
people to think and say that the Govern
ment is licensing the traffic, and saloon
keepers suppose they have the sanction of
the Government, consequently they de-
rive moral support from this thought,
which although unfounded strengthens
them.
But the General Government is not
without fault. It allows the Importation
of wines, brandies, etc., and it does not
prohibit the manufacture and sale of in
toxicants in the District of Columbia and
in the Territories. This then is proper
subject for petition to Congress. So much
for the position of the National Govern
ment in the temperance cause.
Now what power have the States and
how do they use it? AS to the manufac-
ture and sale Of intoxicants Maine
prohibits, Pennsylvania licenses, Ohio
does neither. Our inquiry is with Ohio.
First her constitution. A few years ago
the people of Ohio refused to insert Ii
| eense provision in the Constitution; this
| is favorable to temperance. But on the
other hand, according to an eminent law
| yer it would be unconstitutional to pro-
hibit any business vocation; this cuts
off any prohibition of the liquor traffic in
Ohio until it be considered nuisance as
tippling shops are considered. 1t is also
unconstitutional to tax a business, all
taxes must be laid on property. This pre-
vents our adopting the ''Moffet Bell
Punch Under the Constitution we can
not license, prohibit or tax the business of
drunkard making. The power to regulate
alone is left, and to this end all our laws
are directed. The following summary in
general terms is Intended to give aclear
idea of all:
THE TEMPERANCE LAWS OF OHIO.
They are civil and criminal. And here
is another confusion of terms, for woman
atleast, for although the term Civil Law is
legitimately derived from old Roman Law,
and handed down to us through English
Law, yet with the present use of that term
we women fail to see anything very civil
in the whole business; and 1 remember
that in the first National Convention in
Cleveland, in consideringa resolution re-
commencing that we petition the Gov
ernment to consider whisky selling a
crime, many ladies and gentlemen got
| quite enthusiastic over the idea, until Mrs.
1 \ OSbC1P d law O1 4IOlA Iowa. SGGppOu TO
the front, and explained that civil action
damaged the sa1oonist much more than a
criminal prosecution; for, while by a
criminal suit very small fine was assess
| ed, civil action often took all of his ill
gotten gains.
| First, let US take up and examine the
criminal laws, wherein the business of f1iq-
uor selling is considered crime against
the Government, punished by the Gov
ernment, the fines accruing to the Gov
ernment. Stripped of all their dressing
| in law terms, their simple meaning is
this: A man must not sell intoxicating
/ liquors to minors. He must not sell to
drunkards. He must not sell intoxicating
liquors to be drank on the premises (but
this does not include beer, ale or wine).
He must not sell on Sundays, nor on cleo
ton days, nor within four miles of camp
meeting, nor in the neighborhood of GER
tain named charitable institutions, penal
ties for violation ranging from five to fif-
ty dollars and from ten to thirty days.
confinement in Jail, and the place may be
closed as nuisance.
This is summary of what the law does
not allow. Let US now get still clearer
idea by seeing what can be done and not
become liable to the penalties of the law.
On six days of the week a man may sell
whisky to be drank off of the premises
and he may sell beer, ale, wine, etc., to
be drank on the premises. In other
words he may keep tippling house, pro-
vided he does not sell to minors or drunk
| &c noCtc s1nI1o nc n =, Il a,
finite amount of trouble to procure con-
viction in order to get a judgement Of
from five to fifty for violations of these
laws, the people are becoming Indifferent
The insufficiency of these criminal laws
against liquor selling may be understood
by comparing them with the laws against
stealing, as was done in a newspaper las
week. As if the law should say ''Y Ou
shall not steal property if it is to be-used
on the premises where stolen; you shall
not steal from a minor; you shall not stea
from one in the habit of getting things
stolen from him; you shall not steal on
election days; you shall not steal within
four miles of a camp meeting; you may
make an ex ception of certain articles
which may be stolen, as overcoats, boots
and 1ead-peneils.' May the day sooI
come when the crime of robbing our boy
, of manhood and life itself will at least b
placed on an'equality with stealing wheI
no more exceptions shall be made in favo
of liquor selling than are now made il
favor of stealing. Yet weak as these
criminal liquor laws are, the saloon keep
ers are now trying to have them shOrn o
: even the little that is Objectionable t