Belmont chronicle. [volume] (St. Clairsville, Ohio) 1855-1973, 1882-10-05


of Intoxicating liquors as shall leave
the whole matter to legislation" The
constitution contains five provisions
which may possibly affect legislation on
this subject:
l. No license shall be granted.
,. The Legislature may by law pro-
vide against the evils resulting" from
the traffic.
3. All laws of IA general nature shall
have Il uniform operation throughout
the State
4. No law shall be passed to take effect
upon vote OF the people.
B. Uniform taxation of property ac-
cording to value.
There are several reasons in favor of
amending the Constitution.
l. 1t is necessary to avoid all question
as to the validity of tax.
The Supreme Court has declared the
Pond law unconstitutional, rs in con-
fict with the no license clause. 1t may
perhaps be inferred from from the de
csion that a tax law may be so made
as TO accomplish all the purposes of the
Pond law. If So, as | believe it can. no
amendment is needed as to that. But
the Court did discuss the power to tax
employments, and says:
Such tax can not be imposed for gen.
eral revenue The decision assumes
that such tax can only be imposed by
the police power or the power express
ly given to provide against the evils of
the traffic, and as d means of doing so.
The Constitution should be so amend
ed as to allow a tax for revenue. and so
that no Judge shall have preteXt for
declaring taxation of the traffic uncOn-
stitutional. There are still other rea-
sons. There are five general modes of
dealing with the traffic:
l. At common law the traffic is law
full. This is free trade without re-
straint.
2. The laws now in force provide
against evils by prohibiting sales (D to
minors, (2) to persons intoxicated, (3) to
persons in the habit of being so, and (4
by prohibiting sales of spirits to be drank
where sold, except ale, beer, and domes-
tic wine. (5) The proposed tax on the
traffic is of the same character.
3. A license system which gives a
right to selected persons to sell on pay
ment of tax, and prohibits sales by all
others. This is limited prohibition.
4. Prohibition pure and simple.
5. Local option. by which the people
of county are permitted by vote to
select the kind of a law they will have.
As the Constitution now stands you
can have (D free trade. or ~ restraint
of the evils, with debatable right to
tax for revenue. You can not have Ii
cense with its limited prohibition.
Your courts will hold that you can not
have prohibition, neither general over
the State, nor in any county, even II
practicable and desired by the people.
The Constitution specifies what the Leg
islature may do as to the trafiic-provide
against its evils-and Judges in abund-
ance will be found to hold that this is
denial of all other powers, and they can
find decisions of able courts to that ef-
feet. In Miller vs.. the State. the first
case under the Constitution. the Su-
preme Court said: "We by no means af-
firm that the Legislature has the power
to wholly prohibit traffic" and the Court
sustained the present law in that case,
and give as a reasOn-"for the law is
not prohibitory."
Courts will be found to decide that
you can not have local option, because
you can not have law to take effect
upon vote of the people, and if you
could there is danger that it might be
declared void rs general i'll its nature,
and so must be uniform in operation
over the State. But if these difficulties
do not exist local option could not reach
prohibition. am not saying what de-
cision would be right on any of these
questions. but the fate of the Pond law
is evidence of the perils we encounter.
The Republican platform of 1880 points
the way out of danger-give the Legis-
lature entire control. De you ask why?
This plan is Republican-it is of the es-
sence of pure democracy. The people
through their members of the Legisla-
ture can have such law IN each county
as they want. We know that members
of the Legislature from our large cities,
and other portions of the State, are Op-
posed to prohibition by general law, yet
if a dozen or twenty counties desire it,
no general objection would be made.
Remove constitutional restraints, and
hibition can be had by law in perhaps
twenty counties-in all where the peo-
pie demand it.
In twenty more counties local option
would secure much more stringent laws
than those now in force, and which
would be practically almost as efficient
as prohibition.
The public sentiment of the State is
against license. No general license law
can be secured. The large city counties
and others of like sentiment could stand
upon the laws as they now are, or secure
a local license system.
There is large sentiment with many
men both for and against this, and
against prohibition. But if the counties
which desire the laws to remain as thay
are, and the few which desire license
with revenue for local purposes, can be
gratifed, they will have no occasion to
object to local option and prohibition in
other portions of the State, or to gen
eral tax on the traffic for State revenue.
Those who desire more stringent laws,
those who desire prohibition. and are in
sentiment opposed to the existing laws,
or to license, can well afford to let the
cities continue the present laws, or have
license laws, in return for more Strin-
gent legislation in some counties and
prohibition in others desiring it. Do
you say this is sacrifice of principle?
IL is not so. Government is the rule of
the majority-laws the will of the ma
jority. He who desires the rule Of few
of the minerity-is not in accord with
the spirit of our government; he will be
disappointed. All forms of opinion are
to be consulted those who favor free
trade in whisky, license men, local OPP
tionists, and prohibitionists. Neither
one sacrifices his principles, or any prin-
ciple, by allowing each county to select
it's own law, when no one form of opin-
ion has majority in the State, which is
precisely the condition now. This may
be illustrated by taking one form of
opinion-the prohibitionist. So far as
this plan secures your deserved law in
some counties, it is success OF your
principles. Success in part is better
e,,;I,ra ~ oil Sn far ne vOn havn