The Jackson standard. [volume] (Jackson C.H., Ohio) 1847-1888, 1882-06-15
THE OTHER SIDE.
DISSENTING OPINION ON THE POND
LAW.
Judge Johnson's Reasons for Holding that
the Pond Law is Constitutional
merOus Authorities Cited.

| EicEOuS OItcus
Following is the opinion of Judge johnson, of tn
Supreme Court of the State of Ohio, holding that tn
Pond Liquor Tax Law is constitutional:
After the most painstaking examination which ! ar
that the act under is plain and palPa
third point the syllabus, which announces that in
net in 6 in
without having given the bond provided in the 2
feited, shall be guilty of msdemeanor therefore h
act in conflict With section Is Of the schedule ne he Chic
Justice. the following may be added as equally peril
enforce Statute that @ is yet
Pugnanee must be clear necessary and
ion between the Judicial and the legislative depart
unless ths statute properly
should be against the letter and sprit Of that in
strument so long as there is doubt the DECISION
courts, in doubtful cases. undertake to declare law
may with propriety be accused of usurpation. They
lose sight of the scope and province of the judicia
rights Of the people vested in legislative depart
sa It to Is tne O m m
with the intention of the enacting power When thai
J 5e in &ieRander E MccormicE & Ohio as W
r. r. Co " Clinton Co. IL Ohio hi St., m,s3 CO &c to mn,
y the evident p0ey q Of tn the law or to
to render possible. Beaver & Bull vs.. Trustees, is
Ohio ST. 97OS; and whenever words and phrases have
def t 5 Z meant ad 9 teq em ID
that sense. Turney vs.. Yeoman, Il Ohio so7: -.
Thus the word jury in the onstituton had had Its
the constitution Sovereign vs. the State Ohio ST.,
Further, the mischief to be guarded against by a
constitutional provision is to be considered in deter
ae @ ts g. s ael and
Gn % # R
and harmonic and give effect to all as wn0Le i d9
snS SS @
es as it had m Rf9n J PafsGfaE 81 I
Guided by the foregoing rules it is the Just prov
the o
and is is dangerous to the liberty Of the people.
With these prinGiPlss in view let us inanre
as st nsed in mt the consfituton What miso9
aef aeffa0y m R1aGsa as
and palpably license, within the meaning Of that
duty Of the conrt to declare the act void and thus
itaton upon he general egisatys power to Proyide
caiine liquors Under the CONSTITUTION Of iso5 there
was the policy of the State evinced by its
enactment, during period Of more than fifty years
tratc except to licensed vendors. The general fea-
Chief Justice, under that system Of which
known as the License system of regulating
was special privilege to selected few to traiG in
traffic which was prohibited general rule
icgaii-ed by licence. 1t grant of an mmrni
tion protection of law to privi!eged class. 1t
tail tall iquor Ia eroaf and denied to ali others.
1t was purpose of this clause to abrogate this
protection sanction to any, not given alike to all
the evils of the traffic in auy method it fit
provided always the protection and sanction of law
% crime in offers. The CONSTITUTION rseognises ne
the the Icgisatnre had authority to provide against
them The only limitation on this power was that
gPanted gp Under The no license system no man
The first exercise of the Legislative power under
the evils resulting fr9m the IT tras ais in % ntoXi
eS ae stc was agas se afs Hs
Under the former statute certain forms of the traffic
6e as e its 18th
hof acts tie privileges and immunties the penalties
of the law have uniform operation on all and III
eNGrs tems, s defined in the statutes State
ascertain what is meant by this no license clause in
An examination of the series of statutes beginning
ment, and extending down to the adoption Of the
Wh those of te Since
form clear and definite idea of the change intended
Principle regulating the traffic BY restricted @ Il i
e TO %he the 20 oaRer granted to
allowed to all and punished al alike for for the pro-
the evils by license regulation which placed the
Who We're exemptad from the penalteso of the law,
while the other far it went punished all alike,
NJ The mode of regulating the raae by the system Of
@ Kn0T fhat tn framed the Constitution was ab
rogated by sec the Schedule The object was to
fhaTss bs ne Over the Subject so that
after protection ofpostiye and express law should
sense Of the of the clause was shocked at the
Whether this change OF policy was wise Or unwise it
is P1 the 1 e he I'll dTeet the act of
1882 in practical and legal eieGs % M s I W. hd e
nIe? The evil be remedied is important element
in thiS v eM of this ay
The word license in its common or as is ssi9 IN me me
second point Of the syllabus be permission granted
by 69d E 10 ao II ha Shr
shades meaning In its popular SCI sense It is per
erwse unauthorized. The problem IS not what "a, the the
popular common or general sense oi ne %ofd rs & en5
in the constitution? Placing ourselves where the
aoS ihs It
rs the y snt fS %6n Provnee
making power except By eoRdng the aHth9rlaea trame
therefore means provision or privilege grant
ed to Ea & that to Sg Of the s law While
Others whom the M Is not s ARE
Mord i1T and It viii hardly conroyerted then il fol-
lows the act 6a 01 ho cofe
with the by giving bond and paving the tax has
are erimina if no such law existed had
eGmsd Tn it ars % SgSy IG If ne fomss 4s
iiege Exemption or immunity. 1t confers author
to or sell sHeePt a y the
a9 Of Fl he h ra aG g at OF t
1852 that act In force and eXempts no one from
T6dP Of This act that s
t" Ss ec Whe this ad
declaration of its meaning cannot control the judi
great weight in determining its legal effect, for the
rule M from tee poe aT of ali ades
probation. (Schooner Borealis vs. DobDle, Il ohlo'
The key note of the opinion is that the PROVISIONS
of the fourth section @ In Its q ii ap wt aee ee
cense The first section Fegu%TeS % every person ea
to pay tine Peeeda sdde4a dprnf prdmrt 9e Ft
such person to give il bond as therein conditioned
The third section gives an action on the bond If pay
makes it misdemeanor to engage or continue in the
judged foreited Nothing is prohibited by the act
except TO or continue in the traffic 7it1Sst
penalty imposed is for not giving security to pay the
1renied .ne to Engage sG q r%e Section its only
T6is tratc IS open to ali on the same conditions.
But said the h sseip Psakbs bs Of the b, TaS 6aa
said as TO the fifteenth section the legislative desig-
section seeiion rerng and d.
every such g aH he of e words IS nes as
that il there had been penalty merely for the
sGya eject but that as the bond is required it is
privilege granted to engage or continue in the bust
slature to say the tax shall be paid and what
if any shall be given penalties imposed
insure its payment when due.
Such security. such penalties, are only modes of
enforcing payment of the tax. Such law does not
purport grant authority to engage in the business
1t merely says 10 all engaging in the business taxed
!You must pay secure your tax oryou will be pun
ished.'
is the uniform construction of similar laws by
the very highest authority. The License Tax Case,
Wallace 4Gs are directly in point The deiendaSs ants
to provide ways and means, etc. Is W. s. at Large,
2IS. Section n provides that no person, firm,
poraion shall engage in certain specified business
including traffic in liquors, until they have paid the
tax and obtained H'liccnsa therefor Section y
provides how the application shall be made, and
lion makes misdemeanOr +