The weekly Floridian. [volume] (Tallahassee, Fla.) 1867-19??, 1880-12-07

The ministers Of various religions dennmina-
tons have taken considerable interest, during the
past year, in the cause OF temperance, and have
accomplished great good Their purpose has
been 10 influence the next Legislature IL enact
"local option law, permitting each community
to decide for itself whether licensed bar-rooms
will be tolerated And we now observe that
Grand Juries have taken the matter int cOnsid-
Grafton In the General Presentment Of the
Columbia county Grand Jury, we find this clause
Having taken into consideration the fatal
results emanating from the sale of intoxicating
quest our State Legislature to pass II local option
law"
A great m any people, who are in favor
of restricting the sale of liquor, doubt the
power Of doing SO by means of " local
option that is, they question the power
Of the Legislature to adopt what is known
as a local option law" The argument
employed is this: the Constitution rel
quires that all laws shall be made by the
Legislature and shall be uniform in their
operation there Is no provision in the
Constitution which authorizes the Legis-
lature to delegate the power to the peo-
pie to say what shall or shall not be law,
this being the sole prerogative of the
law making power, to-wit: the Legisla-
ture that there is no reservation in the
Constitution which authorizes the Legis-
lature to submit to the people the question
whether license issued under general
law to pursue particular calling shall be
operative in particular localities or not, as
may be determined by vote. This is the
argument, as we understand it, though
imperfectly expressed. On the other hand,
it is said that the end may be legitimately
reached by removing from municipalities
and counties or modifying the restrictive
provision on the power of taxation as well
as the exercise of the taxing power on
the part of the State TO the largest limit.
In other words, let the State exercise its
undisputed power to require heavy
license tax to pursue the liquor traffic and
leave municipalities and counties restricted
in their power over the matter to such q
percentage on the State tax as, with this
tax, would amount to practical prohibi-
ton. We incline to think that the end
may be reached in this way more speedily
and effectually than by any local option
law " that may be passed. We remember
years ago when license to retail liquor
in Tallahassee cost 5000, and there was
not more than one or two "grog shops"
here in consequence. Suppose the cost
of a State license was $500, and that
counties and municipalities as now were
limited 10 so per cent. of the State tax,
and that this limit was imposed, the effect
would be that it would cost 81 900 to run
retail grog shop in Tallahassee. of which
the State would receive $500 and the
county and city $3.50 each. This would
amount, practically, to prohibition, for
few or none would be found willing to
engage in traffic 80 expensive, and would
be far better than an "option" which
might allow liquor to be sold in the city
while the sale would be prohibited outside
of the corporation, or vics versa. We are
clearly Of opinion that taxation is the best
mode of regulating the traffic, and that
local option Law would be pronounced
unconstitutional and void by the courts.