Belmont chronicle. [volume] (St. Clairsville, Ohio) 1855-1973, 1882-06-08
The Decision on the Pond Act.

As both prohibitionists and liquor sell
, ers united in it, their views of its inten
and effect may have widely differed. 4
constitution, however, must be judged
by its words, and can not be capped BY
anybody's intentions or hallucinations
The words are: NO license to traffic il
Intoxicating liquors shall hereafter bt
granted in this State; but the Genera
Assembly may by law provide against
the evils resulting therefrom." The Con
stitution Convention of 1850 fancied
that wisdom would die with it; but die
not possess in high degree the art Of
putting its meaning into accurate
words.
Before that time the Legislature, in
the absence of any specific comforting
of power, had enacted license system
by which each seller was required to pay
a certain tax. This shows that under
the general legislative power the Gen.
eral Assembly treated this traffic as a
subject for special tax. In the alb
sence of such tax the traffic was as free
as any. 1t Is probable that the prohibi
tionists who favored the no license sec
tion thought that in the absence of spe-
cial license the traffic was prohibited. In
this the Democratic Convention fooled
them to the top of their bent. The sec
tion forbids the granting of special
permission to this traffic, but in the alb
sence of any special license or pyohibi-
ton the trade in Intoxicating drinks is
as free as the trade in potatoes; and
therefore the fOrbidding to license does
not forbid to tax.
1t is undeniable, however, that tax
which makes the beginning or continu-
ing of this trade conditional on its pay
ment, is in effect so much like license
that it may be found in conflict with
this section. This appeared to us per-
ilous spot in the Pond act; that it was
too conditional. From the brief sylla-
bus of the opinion of the court-Which
is all that it has yet given out-we con-
clude that these conditional features are
what the court has found to be in effect
licensing. But this is not clear, and
we shall know more when the courts
opinion is rendered. But that plain
tax on this traffic, collected by distraint
the same as other taxes, is in conflict
with the no license clause, we do not be-
lieve, and would not if forty courts so
held.
In attempting to legislate to make
this traffic bear its just part of the public
burdens the difficulty il -encnuntereIl
that prohibitionists want to make it
prohibitory law is. to add it to the roll
of inert prohibitory laws; but this per-
sistence of prohibitionists makes it diff
ficult to enact practical taxing law. 1t
encounters the almost solid opposition of
the Democratic party, of course, and the
solid opposition of the liquor men, and
the assaults of large class of temper
ance people. In the course of delibera-
tion it has to concede to these, and in
this way bill which started in as
practical taxing measure may come out
something else.
But what is the present situation
This act is lost, but the cause is not lost,
nor will it be let down. If the opinion
of the court shall leave the way open for
a simple taxing law, one will be enacted
at the adjourned session. If the opinion
shuts up the way, the people will amend
the Constitution by striking out this
fraud. The issue has been plainly made,
between the sellers of Intoxicating
drinks and the people, and the people
are aroused to it. 1t is not for mere
matter of constitutionality that the
drink sellers are contending, but they
demand that their trade shall be exempt
is the line Which they have drawn, and
the people have accepted the issue, and
will not let it rest till this trade has
been made to contribute to the public
revenue, and has been subjected to reg
ulation.
Their course admits of no pretense
that they are willing to allow some sort
of taxing system on the sale of intoxi-
eating drinks. That was never sincere
n, +ba Dort Of tl,a brouarC opd roto;Jarc
but now it is thrown off. They demand
not only the exemption of the retail
traffic from all taxation, but that the |
makers and sellers of drinks shall be a
privileged class, with their capital and
personal property of all sorts exempt |
from taxes; with their trade exempt |
from the law which closes all other trade
on Sunday. They demand to be class |
privileged above taxation and above
law, like that privileged class which the
French revolution very justly dis
patched.
They presome to dominate over polit-
ical parties, to dictate to the govern |
ment, to suborn the administrators of |
the tax laws, to demand that courts, ju-
rors, and executive officers shall be sub
servient to their sordid avarice, and |
that ne law shall be executed which |
they pronounce against. They have
made this insolent issue, and the people |
of Ohio will keep it up until this traffic
in that which degrades and impoverishes
shall be made to compound for its exist
ence by bearing part of the burden
which it causes to society, and by sub
mitting to those regulations for the pub
lie order which all other citizens sup
port. If any one thinks that the brew
ers have triumphed, and that the people |
nf Ohio will cyiva nm co ba hoe ~ oox.