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

AAAhEAAA 4As71A4lAA9Ad4 VI 4lAAi III ~
OF OHIO, ON THE 10TH DAY
OF MARCH, A. D. 1850,
| ON THE CONSTITUTIONALTTY OF THE LO-
CAL OPTION ANTI-LIQUOR BILLS, PRE-
sENTED FOR ENACTMENT BY TIE
TEMPERANCE CONVENTION OF
JANUARY 1sT, 1880.
A Convention, composed Of male
and female delegates from all parties,
societies and orders of Temperance
advocates and workers in our State,
having assembled at Columbus on
the 1st day of January, A. D. 1880,
to consult, agree upon, and frame
such a Local Option Anti-Liquor
Law as might be thought best, to be
presented to this General Assembly
for enactment, concluded to present
two Bills for the consideration Of
this body, differing somewhat in de-
tail, but agreeing in the essential
provisions for which the Convention
was called.
As it has been argued and claimed
by some very respectable authority,
that such Bills are unconstitutional,
and doubts have been suggested by
some members Of your Committees
as to the constitutionality of the en-
actment of any Local Option Anti
Liquor Law by the General Assem-
bly, of the State, and particularly as
! to the constitutionality Of the clause
in both Of the Convention Bills, al
lowing the voice Of woman, by peti-
ton or ballot, to be equal to that Of
man on the enforcement of such law,
I appear this evening by invitation,
as one of the authors Of these Bills,
to claim and maintain, by plain ar
gument, that in the light of reason
and authority, the General Assembly
of the State has the power, under the
provisions Of the present existing
Constitution, to enact a Local Option
Anti-Liquor Law, in either one of
the forms as prayed for by the Tem-
perance Convention.
I.
The Delegates of the Constitution
al Convention Of 1851, who present
ed the present Constitution Of the
State, for the adoption Of the people,
| in its existing form, following the ex-
ample and precedents of the Fathers,
in the structure Of all our American
Constitutions, specifically, in the in
strument, divided the grant Of powers
from the people to their Government,
and the security Of their rights under
the same, into a Bill of Rights, Arti-
Gle XVI, and a Schedule; and then,
| for greater certainty, subdivided all
the subject-matter Of reciprocal pow
ers and rights, between the people
and their Government, which were
contained in the above three general
classifcations, into independent Sec
tions, in each of which, as a general
rule, the protection of some particu-
| lar right Of the citizen is independ-
emily guaranteed, or the grant Of
power by him or her is specially de-
fined, limited or denied.
In accordance with such plan, in
Article II. the powers, duties, rights,
limitations and privileges, Of the life
giving department of all Republican
| Governments, the Legislative, are
enumerated, fully set forth and de-
fined, in thirty-two Sections, each Of
which is couched in the most aeeu-
rate words of the English language,
and the Convention having thus, in
! like manner, defined and specified in
the remaining Articles Of the COnsti-
tuition, by sections, all other reeipro-
cal rights of the citizen and duties
of the State, in other departments of
! the Government, over the various
subiect-matterz of which the instru-
ment assumes to take jurisdiction
and cognizance, then adds to all the
Articles of the Constitution "a
Schedule, containing provisions for
carrying into operation, effect and
adoption, such previous Articles Of
the instrument; and also, among
other things, the new, original and
independent subiect-matter of Sec
ton XVIII of such Schedule, as fol-
lows;
oSection IS. At the time when
the votes of the electors shall be ia
ken, for the adoption or rejection of
this Constitution, the additional sec
ton, in the following words, to-wit
No license to traffic in intoxicating
liquors shall hereafter be granted IN
this State but the General Assem-
bly, may, by law, provide against the
evils resulting therefrom, shall be
separately submitted to the electors
for adoption or rejection, in form fol- |
lowing, to-Wit: A separate ballot .
may be given by every eleetOr, and |
deposited in a separate box. Upon /
the ballot given for said separate
amendment, shall be written or
printed, or partly written and partly /
printed, the words, License to sell |
intoxicating liquors, Yes, and upon
the ballot given against said amend
ment, in like manner, the words, lii
cense to sell intoxicating liquors,
No. If, at said election, a majority
of all the votes given for and against
said amendment, shall contain the
words, License TO sell intoxicating
liquors, No, then said amendment
shall be a separate section of Arti-
Gle Fifteen of the Constitution.
This election resulted: /
License to sell intoxicating liquors,
License to sell intoxicating liquors,
lVfz0O
Majority against License. 982 |
A. Al, .I-,A.-, LII Fo- EI,o rr1Cu,