Belmont chronicle. [volume] (St. Clairsville, Ohio) 1855-1973, 1883-08-30
THE SCOTT LAW.
A Speech on the Law by the Author.

| Extract of speech of DR.. James Scott, of
| Warren, delivered at Spring Valley, Greene
county, Monday evening, August 20.
Since 1851, the time of the adoption of
our present Constitution, we have had
virtually free trade in Intoxicating Ii
quors in Ohio, and the real and person.
al property of the State has been taxed
| ia par the fiddler. In this respect our
State has stood alone among the other
States, and, indeed, among all countries
in the civilized world. Many laws were
passed by our Legislature with severe
penalties, providing against the evils re-
shifting from the traffic, but they were
either disrsca or soon repealed.
The Scott law was passed to meet this
emergency. 1t is simple in its provis-
ions, easy, certain and effective in its
execution, and, think, acquiesced in by
most of the good people of the State.
In word,it provides against the evils
resulting from the traffic in Intoxicating
liuaors; provides revenue to meet the
expenses imposed on body polite by the
traffic, and gives local option relating
to the sale of intoxicants 10 the munich
pdlities of the State. Oar Government
is government of the people. where
uajOrities rule, and who will insist that
uajolites should govern in local as well
as State and National affairs?
There have been some objections to
the repeal of Section 694I of tue Revised
Statutes, which forbids the sale of in
toxieating liquors to be drank on the
premises where sold.
This section was dead letter on the
statute books, or nearly So. Liquors
were drank as freely on the premises
where sold as if no such statute had an
existence, and it was very rare that
saluOn-keeper was arrested for its viola
tion, and in many of these cases a nolle
was entered, or they were acquitted on
trial.
In 1882 the fines collected on account
of selling liquors to be drank on the
premises where sold were less than
SIS, 900 in the State, while the expenses
of the prosecutions cost the taxpayers
six times that amount. Many of these
prosecutions were the result of spite or
revenge of persons who were refused
liquor when they ought not to have had
it. The good people who suffered most
rarely ever resorted to this law for re-
dress. The law was a school in which
people learned to violate law. 1 believe
it to be a crime in the State to put or
retain law on its statute books which
| mi ,ot NO ic nnfnroQH hnt ohit-
ually violated. 1t begsts in its citizens
habit of disregardlng and violating
law.
Compare, my Democratic friends, the
state of things as they were before with
what they are now under the Scott law.
Think of the $2,O00,00o collected annu-
sSssaa3y ffJn the traffic, with but a fraction
of mill on the dollar cost for it's col
lection, large number of the lower sa-
looms, which did the most damage to So
ciety, closed up, your local taxes redured
S2,O0O,OOO, with the power of controlling
the traffic in your own localities, and
then tell me you have an honest purpose
to vote for a party that proposes to re-
peal the law as soon as they get into
power, or so amend it as to make it in
efficient and worthless. The saloon
keeper, with three hundred per cent.
profit on his sales, can much better af-
ford to pay the tax to repair the DAM
age done by his business than you can
out of the proceeds of your farm, your
store, shop, or assessment on your house
and lot And, surely, there is no injus
ticeto the saloon-keeper in the matter.
But some people tell us that by tax
ing the traffic we recognize it. Why,my
blessed friends, the United States taxes
the traffic, and don't we, as an integral
part of the United States, recognize it?
When we tax the property engaged
therein on the basis of its value in mon
ey, don't we recognize it? When assess
ed tax on him and his business.
There is, my friends, nothing in this
idea of responsibility on account of re-
cogniZing a business for the purpose of
taxation. The recognition of the traffic
for the purposes of taxation is not re-
cognition in the sense of justifying, au
thorizing or becoming responsible for It.
If we licensed the traffic we would then
not only recognize, but author
ize, and become morally responsible as
State for the traffic, as well as its cOnse
quences.
1t was hoped when this measure was
introduced In the Legislature last win
ter, on account of the fairness, equity
and justice of its provisions, it would
not only be salutary in its operation, but
acceptable to all reasonable people and
parties, and remove the vexed question
from the arena of politics at least, for
years to come. But that was mista-
ken hope, for as ssOn as the bill came up
for consideration all the Democrats in
both houses took decided stand against
it and voted against its enactment, ex-
cept two, who voted with the Repub-
licans for it.
After the bill became IA law some of
the brewers and saloonistS appeared III
the Supreme Court and resisted its en-
forcement throaugh Judge Hoadly, their
attorney, who used all his legal ability
TO have it set aside on the grounds that
it was license law and in conflict with
the Constitution. Four of the five Judg-
es on the bench decided that the law
was not license law, but law, as de-
clared in its title, and authorised by the
Constitution, TO provide sgainst the
evils resulting from the traffic in intoXi-
eating liquors"
Judge Okey, the Democratic member
ON the bench, disseRted. By the by, |
see by the papers Judge Okey's dissent
ing opinion is to be published as Dem
ocratc campaign document.
On the 21st of June, when Judge
IIoadly received his nomination and
commission at Columbus from the "Oid
DEMOCRACY" to organize and lead New
and Living Democracy" to victory, he
declared himself in favor of license
law. In the Court the Judge opposed
the Scott law because it was a license
law. Rather paradoXical. But let that
go. Let us examine the Judges demand
for Il license law. Did not Judge Hoad-
" krow when he made that declaration
to the Constitution that license law
was impossible under our present Con
| stitution? That the question OF amend
| ing our Constitution so that license