The Emporia weekly news. [volume] (Emporia, Kan.) 1881-1889, 1883-05-03
0BIOs WV LToUOR LAW.

There are 1900 drinking places in
Ohio which pay whisky license Of $25
to the federal government but uot cent
to the stale The new law leyying tax
on saloons. il is estimates, will produce
q revenue oftwo millions year. For
thirty two years the grogshops Of Ohio
have paid no license to the municipal
government where they ply their drunk
ard.making vocation
The Republican party, which controls
the present legislature. has just passed
an act known as the Scott law, taxing
the sale OF liquor. This law IeSies q
tax of $500 on the business of selling
half this sum on the sale of malt and
vinous liquors, the tax To be a lien on the
premises, wherefore il is made an offenst
TO carry on this business without writ
ten permission of the owner of the prem.
| Uses, the tax to begin on the fourth Mon.
day of April eacb year, and to be paya-
BILE by the 20.h of June Penalties are
PROVIDED for nOn-payment, with dis
traint, and for false returns with regard
to selling spirits while assessed for beel
and wine only.
| 0ne-fOurth of the revenue is to go 10
| the county, three four;hs to the city
oBe-half OF this TO the police fund, the
other to the general fund The county
collects this tax the same as other taxes
The Commercial Gazette says:
AS to the question of the constitution
/ ally of tine act in relation to the no
| license article of the constitution, nc
| relation between them is discernablc
| unless it be held that the term mo Ii
cense" means no taxation. But the leg
islation Is supposed 70 be in the Eng
lish language, and In that tongue the
term mo license" does not mean no
taxation. Nothing in the Scott law
makes the trade conditional ON the pay
ment of tax. 1t repeals the old dead
statute which forbade Lhe selling oi
liquor tt be drank on the premises.
The dealers have protested against
taxing their business while outiawin 9
il, and this was strong argument. as
to the tax article of the constitution, the
Scott law is not in conflict with it il
word or spirit, and there is no need Of
inventiny such conflict.
An act to simply tax the business oil
selling Intoxicating liquor, 10 be laid
and collected as on other things. cannO
be in conflict with the Constitution, IN
less in some myst -riOus way. this trade
has acquired a peculiar sanctIty.
While there is great readiness 10 pro
nounce the Scott law unconstitutional
ON the part of those ShO think the retail
liquor blsiGs 80 entitled to special Immu
nifty from any tax, they do not make
clear the gruund OF their opinion. The
law repeats the old statute making il I'M
lawful to sell liquor to be drank on the
premises, and this clearly implies rec
ognition Of the laHfulness of the bust
ness
The fact that the Scott law gives IL
municipal corporations the power t
regulate, restrain and prohibit the traf
fic" does not amount TO declaration o.
unlawlulness. 1t simply coufers upor
local authorizes the power TO determine
whether it prefers tn raise revenue from
the tax levied, or, by prohibiting, dis
pense with the revenue 1t is not dec
laratiOn of Unlawfulness, but Il recogni
ton of local right to determine wheth
er the business shall be allowed or no
ON paper, because drinking goes ON al
the same, whether prohibited or not.
This law ordaiBs n change from th'
unlimited license which the trade in in
toxicating drinks has enjoyed in DIN
for thirty years 1t proposes that
trade which has been given
special immunity from taxation shall
contribute share to the public expense
1t terminates strange abandOnmen mt c
q source of revenue which is worked b
every civilized government 1t casts OF
that sickly alectatIoa Of purIsm which
; is content with unlimited license of thi
trade, provided the state constructive,
ignores ITS existence. In place of thi
lack of conscience, which in effect make
this a privileged business, the Scott Ia
introduces practical business sens:
principle, and rational responsibility