Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1883-04-23
LOFTY TUMBLING IN OHIO LEGIs-
LATION.

II will be remembered that about
year ago the Ohio Legislature passed
liquor tax law which Is known as the
pond bill"
That was a perfectly harmless meas
ure, for two reasons: ~ because the
Legislature intended it to be harmless,
and (2) the Supreme Courtimmediately
declared it to be unconstitutional.
Nevertheless, the Republicans were
defeated for their pains in passing the
Pond bill.
Following the precedent of the Pond
bill, the Legislature that has just adj
journed, passed another liquor bill,
known as the Scott bill. 1t is perhaps
more harmless than was the Pond bill.
II is a curiosity in itself, as are all
tie liquor measures that emenate from
the Republican Legislature of Ohio.
Among the special provisions of the
bills is one repeating the statute for
bidding the sale of spirits to be drunk
on the premises; another which en-
POWERS any municipal corporation to
regulate, restrain and prohibit ale,
beer and porter houses and places Of
babitual resort for tippling and intem-
perance," and another re-enactiag the
smith Sunday law, but adding a pro-
visO that any municipal council may
regulate the sale of beer and native
wine on the first day of the week-per-
hitting or fOrbidding it, as seems prop
er.
1t will be observed that the Scott law,
like previous temperance legislation in
Ohio, is a piece of patchwork, not con-
sistent with ITSELF nor in strict con-
formity with any principle. The sale
on Sunday, for example, Of beer and
wine is placed under the control Of City
Councils, but the sale of spirituous Ii
quorS on that day is absolutely forbid
den. The law compels temperance on
Sunday throughout the State, but au-
thorizes City Councils to suspend the
statute. so that there is likely to be a
great influx of visitors to the cities on
the first day of the week.
But exactly the same objection ap-
plies to the Scott bill that applied to
the Pond bill. Under the name of tax
it imposes a license fee which is uncon-
| stitutonal. The fine distinction is
made that tax falls properly upon GER
tain enumerated kinds Of property, by a
uniform rule, according TO their value
| in money, but charge imposed on a
! business is a license, no matter under
| what name it may be concealed.
| But that the Supreme Court will pro-
nOunce it unconstitutional is not deem
ed as certain as il was in the case Of
the Pond bill. Since the decision Of
lsS2 two new judges have been placed
on the bench by Governor Foster, and
if, as is likely, these appointees are in
accord with the Governor in these mat
| tiers there will be, it is thought, a ma
| iOrity of the court in favor Of the view
that licenses are not forbidden by the
constitution, or, if they are, that the
"tax" imposed by tue Scott law is not
! a license.
However, the political effect of this
double dealing with the liquor traffic
will be the same this year as ii was last.
1t will not gain any votes from the
/ temperance element Of the party, be-
cause it is recognized as sham and
| a dodge.
! On the other hand the Germans are
aroused 10y the apparent disposition TO
NEEDLE with their beer beverage. The
German press of Cincinnati pronounce
against it with vigor, as do the liquor
interests generally.
In the meantime il is not to be forgot
ten that OHIO has an article in her con-
titution and laws upon her statute
/ book intended to secure absolute prohi-
bition, but instead they h." e "free
trade in the liquor traffic.