The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1882-05-31
VICTORY FOR rms LIQUOR MEN.
The Fond Law Declared demonstrations
nj by the supreme Court OF ohio.

nj by the supreme Court OF ohio.
COLUMBUS, May 30.-The supreme court
room was crowded this morning by prom
inent attorneys from various parts OF the
State and representative liquor dealers
who had come 10 hear the result OF the
decision in the Pond liquor tax law. The
court refused the writ OF mandamus and
declared the law unconstitutional OIL the
ground that 1t is in the nature OF license.
Judge johnson disscnted.
The following is the official syllabus
given out last night: s
Number 50. State OF Ohio, on relation Of
Daniel Roth vs.. Frederick llipp, probate
judge Of Crawford county-mandamus;
Okey, CT. q
First-The constitutionality OF statute
depends.upon desperation and effects, and
not upon the form it is made TO assume.
Second-A license is permission granted
by some competent authority to do an net
which, without such permission, would be
illegal. 300
Third-The Act OF April 9TH, 1852, en-.
titled "an act more etlcctually 10 provide
against the evils resulting from traffic in
intoxicating liquors" which requires
every person engaged or engaging in such
traffic to pay specified sum OF money an.
nually and execute bond MS there re.
quired; and a!so provides, That every
person who shall engage or con-
tinue in such traffic without having ex.
ecuted the bond, or after his bond shall
have been adjudged forfeited, shall be
deemed guilty Of a misdemeanor,!is, in its
operations and effect, license within the
Inhibition OF the section OF the Constitu-
ton, which provides that "no license in
intoxicating liquors shall hereafter be
granted in this State" Writ refused.
johnson, Judge, dissents from the third
point OF the syllabus.
No. 9o.-Thc statute OF Ohio in relation
OF Daniel Roth VS. William Riblett, Treas.
urer OF Crawford county, mandamus. Writ
refused on the ground stated in the State
in relation OF Roth rs. Hipp.
Special Dispatch to the ln,ell.senccr.
srErBESylLLE, May aO.-Thc Supreme
Court this morning decided that the Pond
liquor bill was unconstitutional. This decis.
ion will Immediately open the flood gates
OF an unlimited liquor supply, which ior
3 timo, has been in a measure cut off,
pending the decision OF the bills consti,u-
tionallty. Out OF one hundred and eighty
nine saloons in Steubcnville at the time OF
the passage OF tho bill, slxty had already
been closed, owirgto the Inability OF the
p!oprletors to meet the requirements OF
the law. Had the decision established the
constitutionality Of the bill, over q hun
dred more would have closed ia. o.morrow-
the bill bein. intended 10 go into effect
on Thursday, June Island not more than
thirty or forty would have continued bust
mesa. Now, all will be opened again with.
in few hours, when the old order OF things
may be expected.
CLEygLASn, May 30.-The news that the
State Supreme court had decided the Pond
law unconstitutional created here feeling
akin to excitement and it has heen the
universal topic o! conversation. The law
and.order association people nre greatly
disappointed and uncertain what course 10
pursue, but the manifest disposition is to
endeayor to secure legislation OF similar,
or more stringent nature which will stand
in the court. The preponder.nce OF sen,i-
ment i'll the community seems to be salts
faction, for both the liberal and ultra TEN.
perance elements were displeased with the
law. The effect OF the decision on political
parties is atopic OF lively dispute.