The Highland weekly news. [volume] (Hillsborough [Hillsboro], Highland County, Ohio) 1853-1886, 1880-03-18

of the special power Of the General
Assembly over the subject Of the sale
Of intoxicating liquors.
1. The first part of the clause OF
the 18th Section Of the Schedule pos
itively f0rbids the granting Of a Il
cense for the sale.
2. The second part provides that
the General Assembly may, by law,
provide against the evils resulting
from the sale thereof
Now, what is to be the kind, na-
ture, extent or provisions of such a
law, and who is to be the Judge of
the nature and qualities of such a
law? I answer, the General Assem-
bly,, by the clause, Is clothed with
power, measured only by the bound
aries of its wisdom, to enact any
law, general or special, to take effect
in any manner, at any time or place,
and to be enforced by the infictiOn
Of any reasonable fines and penalties,
as may seem most effective, in the
opinion of the General Assembly, for
the accomplishment of the object Of
the 18th Section, to-Wit ''the sup
preston of the evils arising from the
sale of intoxicating liquors"
This apparently novel and bold
declaration, is not only founded upon
the modern, liberal and true con
struction, that the Constitution is
made for the citizen, and not the cit
izen for the Constitution, as another
great institution was by Divine au-
thority declared to be, but such claim
Of power for the General Assembly
upon the subiect-matter Of the 18th
Section of the Schedule, is also
founded upon the clear and manifest
intention Of the trainers of the Con
stitution.
In the collocatiOn and adaptation Of
the various parts of the Constitution,
each to the other, so as to form a
perfect structure, according to taste,
unity and design would have attach
ed the 18th Section Of the Schedule
to the sections Of Article IL, the
Legislative department, because the
subieet-matter Of each referred to,
and comprehend and define, the
powers Of the General Assembly
But the builders of the temple did
not so design, plan, or do, and for
perfectly plain purpose, they ordain-
ed that all the other parts be adopted
by the people, as a perfectinstrument,
without the 18th Section of the Sched-
ule butif such section were adopted,
then the builders, in as apt language
as could be used, declared that such
18th Section Of the Schedule should
be added to and make the 9th Sec
ton of ''Article XIV. Miscellaneous, 2"
and should be, by intendment, like
all the other sections of said Article,
wholly independent, each of the 9th
er, and all Of which were constructed
as pillars, around the main edi6ce,
for its protection, and among such
pillars the 18th Section Of the Seized
ule, separately built and constructed
BY the separate voluntary voice and
labor of a majority of the electors,
should be placed apart to itself, in
dependent, and outside Of the apart
ment in which was placed the Legis-
tive powers shining cOlumn-With
words encircIing the same, as plain
as the "cloud by day and the pillar
of fire by night, inscribed by the
large majority voice Of the electors,
that aNo License to traffic in intoH-
eating liquors shall hereafter be
granted in this State, but the Gen
eral Assembly, may, by law, provide
against the evils resulting there
from" by law subject to the
supposed inhibition and limitation
of Section 26 of Article II, Legisla-
tive Department, that 'sAll laws Of a
general nature shall have a uniform
operation, nor shall any act, except
such as relates to public schools, be
passed, to take effect upon the ap-
provaI of any other authority than
the General Assembly, except as 9th
erwise providedin this Constitution.
For, the trainers of the Constitution,
and the majority of the people, by
their vote, have expressly decided
and ordained, that such independent
shining column should not be shad-
ed or dimmed by any Of the sUppos-
ed limited powers of Article II, Leg
islative Department, but on the con
trary, as otherwise provided in the
Constitution, by the work of the del
egates and the vote of the people,
around that column was engraved
the words, that the General Assem-
bly,, under the power granted in the
clause, by law, any kind Of law known
to American jurisprudence, and con
sistent with the reserved rights and
privileges Of the citizens, a law lin
tied alone by the wisdom Of the Leg
islature, might provide against the
evils resulting from the sale Of in
toxicating liquors"
Such is modestly claimed with
confidence, to be the true construc-
ton of these provisions of the COnsti-
tuition, and if so, the General Assem-
bly, may enact a Local Option Law, or
any other Anti-Liquor law, for the
of the evils arising from
the sale of Intoxicating liquors, which
it may think expedient, and wise, to
accomplish that purpose. The pow
er is boundless, the remedy should
be commensurate.
II.
But if the foregoing construction,
which excepts Sec. Is of the Sched-
ule from the express inhibition and
Of Legislative powers in
Sec. 26 of Article II. legislative