The Wellington enterprise. [volume] (Wellington, Ohio) 1867-188?, 1880-02-19
H1 s.Eir |tIaf' =
Local Option. ,


Option" was in type, we have read an
article prepared for a St. Louis law
journal, by member Of the Akron
bar, and published in the Akron Bea-
con, which displays considerable learn
ing and research and In which the po-
eition is taken that the people having
through the Constitution delegated the
law-making power to the legislature,
that body cannot now transfer that
power back to the people by making
law whose force and validity shall de-
pend upon the votes of the people sub
sequently given. The Constitution also
provides that all legislation shall be
general, that is specified acts cannot be
made criminal by legislation in one
township or county and innocent in
another. This of course Is not meant
to be applicable TO specific legislation
granting power to levy taxes for spec
ial purposes, suclI rs erecting school
houses, public buildings, etc. Nu-
merous decisions are quoted from the
courts of the various states, all of,which
seem to confirm this view Of the case.
Neither Of these points would, how
ever, preven+ Municipal corporations
from restricting or controlling the sale
of intoxicating liquors within the linn
its prescribed by statute since such cor
porations have . certain legislative pow
er expressly granted by the Constitu-
tion. That other states have in opera
ton systems of tslocal option" which
are working successfully Is no doubt
due TO the fact that there are different
| constitutional provisions on this subject
in those states. --i-1-.;-.,r.., ..,.--.,a.-.-
/ The argument appears to be con-
elusive, though other legal lights
might give Q different construction to
the law, but assuming the position
taken to be, correct, the Legislature
could do nothing better than to re-en-
act the law under the provisions OF
which the McConnellsvilie ordinance
was passed, and thus give municipal
corporations, In which there is good
working temperance majority, the
privilege of abating the evil as much
as may be within their own limits.
In this connection, the writer Of the
article referred to takes occasion to
cav. "No one can doubt that our liz.
uor enactments In Ohio are far more
stringent than the execution of them
Whether lax enforcement Of laws, con-
fessedly beneficial in their purpose, Is
due to low grade of public sentiment
10 regard to them, or . want of moral
stamina In the officers charged with
their execution, or to q com bination oi
both, we need not stop to inquire. .
The answer, fear, is to be
found in the application Of the words
Of 81 historian Of the Roman re.
Athenians was justly applied to the
Romans Of this period that people
were jealous for action as long a. they
i stood around the platform and listened
| 10 proposals of reform; but, when they
went home, no one thought further q
what they had heard in the market.
place." 81 can reach nc
other conclusion than that the
1 scheme of local option as it is now
urged upon the Legislature and the
state. will be found radically and fun
i damentally detective when brought t6
i the test OF iudicial scrutiny" -
ssThe multiplication of repressive law,
j passed only to be suffered 10 fall ints
| desuetude and to remain unexecuted
can have no other effect than to begel
an habituai disrespect for all law, thar
which nothing can well be more per
nieious."
From some expressions in the article