The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1883-08-07

his license was revoked And that leg.
islative control existed cannot be doubt
ed. for the General Assembly might not
only deny the power to issue licenses in
the future, but revoke ali existing licen.
ses. H,rn ys. The State, I Ohio st Is !:
Cooley's Con. L 18TH ed. J 343.
Such, In substance, was the condition
of the statute law, In relation to the traf.
&c IN intoxicating liquors, at the time
stated, that ie, in March, 1851, when the
Convention which framed the Constitu.
[tion finished ju labors. The result OF
lthis leoislation was spparent While
Ithe RIGHT to traffic IN l;nnors was not in
serms granted or authorized TO he oraot.
| + 4 invbody. vet the effect Of The stat.
| ste vss ~ reserve n jicensed tavern.
[eepers .the. exclusive right TO sell spir.
sitdous ljouors osbe DRINK a tie place
where sold. while The ripbt Of an person
| to deal In LIQUORS. in such other wag as
thew might ace proper. was left prscti
caliv undi,turbed' The aub;ect Of such
traffic was. however. aoitated throuobou,
the State during the winter of 1S5O.I
and a large number of the members 81
the eons,itutional convention. and a ma.
liority OF the members OF the Genera
Assembly then in session, were opposed
to sucb license system. The Conven
ton submitted to the people for thei,
ratification the Constitution which hat
been framed. and slso submitted To .
senarate vote the following proyision
which was TO become part of the oreani,
llaw il ratified:
"No license to traffl, 10 Intoxicating
Iliouors shall hereafter be granted in thi,
State. but the General Assembly ma,
provide by law against evils resultin!
Itherefrom." Schedule S1S The sepa
rate provision. ss well as the Constitu
tion having been ratified by the people
such separate provision became part o
the organic law. Mean while, the Gene
raj Assembly had, on March 10, 1851
repealed 90 much OF the act of 1881 a
operated as q license to sell LIQUORS
] Him .. The State, supra. This ieft i,
force the penal provisions Of the act o
1881. without the exception 10 favor o
tavern keepers, so that thereafter il wa
nenal offeuse for any person to sel
snirituous linuors TO be drunk at Ia;
nlsce where sold.
FOR mora than thirty vears after IN,
.dontion Of the Constitution. no statut,
IN nrincinle like the act Of Iss3 wa,
n..s.a Th;. ~ con,se 4. not concln
s;vo sa.;n.t tho ev;stonce ~ tho MOVE
so ~ ieo;.i.te. hut II mu,t be remem
he,ed that during all that time the sub
loot vaa cons,.ntlv .oitated and the ab
$500 =, ,oo;.l.,;on of th,s character Ar
so,d. evidence. that tho general oninior
zee .os;n., tho snthoritv 10 nsss suci
an an. ana the const;tntional pro,isior
means the .ame thino to.dsv that /;
mesnt vhen n vas adonted That N,
a.s,' o,,;n;on .a.;n., h ax;.,onoo -
sucb norsr vas Correct ;s a nronositior
ita,..b;oh n e,l,v aaeon. Inlnrov;d;,s
| ,h.t I;oonsss 70 trsfic IN ;ntoxica.;ns
Eonors should NOT he GRANTED the eyi
snnnosod N ev;st and sonoht I, be ram
edied was not the GRANTING of license,
90 annl,ed tn every kind of busines,
Tndeed tho eroress nrohihi,;on of liouo,
license recognizes mower in the Genera
Assemblv over the General subject Ac.
cordinoly. as stated in the opinion Of
tho ms;oritv mhu,dens in the form ~,
license :. 70. NAV he imnosed ON certain
classes OF business. which in their nature
are injurious to the public welfare" And
Sec. 3S. Ohio st 225: Com. vs. Bacon
13 Bush. 2l0: 6 Southern L. Rev. N. S.,
"a Nor was it supposed to be an evil,
when the Constitution was framed. thai
men obtaining licenses which exempted
them from punishment for selling LIQUORS
by the drink, were required to produce
evidence Of good moral character mol
that the price OF license vas regulated
by the amount of business done; mol
that licpnses. heino granted alone 10 tay.
ern keeners, we're confined to a small
nnmber or class Of nersons. But the
.y;l sr,noood N e~;s,.. ,d a eoa;nst ,vb;ch
sha cors,i,n,;onal n,ovis;on vas di,ec,a a
"a. tho sals nv anv ,erson of sniritn.
ono ,;ono,a hy the drink for that vas
a.. ,;nansa en-, all ,ho-a ,,.. ~ H. tho,
w.s tho nr;v;Ieoe. and the only rriv;lhoe
IN resnect 70 Enuofs secured bv sueh
l;cense Ana ib;s he;no I,rue II ia too
c,ea, Tor a,gum.nt that r il vas sonoh,
hy snch. coss,;tutiona, nrov;s;on IN cn,
of7 snch nrivileoe To The few. much more
go !, ;r,endod ~ ahsolu,pIv denv II r.
tho manv Tho not;on that tho erclu.
.;.o ,;oh, q, ono m.n or a cl.s. NJ mon
- o.,r1 ON . hns;nos. ia ,mnl;oa in a !;
o.,sa !. ,,,.r,n ssI,sc;,n. l,censo
m.u no consnsd hv tho lav msLino
,n.o- - ol.ss ~ ,;m;,ed rrmher ~
ps,.on. =, !, nav sx,end 10 all vho will
comn,y v;,h The Condition. ;mnosed
T.La ~. 60 - . noda,or vho dos;ro.
A.e ....I wi ,S.on.hont S - ] .ho So "a nand
soaas 80 ga r.,oh.nd;sa NJ !.
saor;rsd @ ~ nsv money rho .mount hs.
~ :. " py I' w, = 80 naa - as.,sss.I
S .us.s IS.h =. .
ss'ue ou ,oo., .,;,,n.S Tn u asu. e' h,,t .n,. ~
- ", Ioas ,a.." " ,sa .sa,;,.S @ I s,ra ~ :.
.;,,.s uo"y "ao. 'uaus. ,a s -. sd"sS - - =
.o. ;..n,n ~ =, ,s 'u' ...na "u p.a S,.,. .ao.
.;sa os soo7 ~ asos % IT,. go ~ s.;.s -. :,
.' .o .S,,..., - as,o.e... .
~ 20 70 W o'ao. ,0."'o" .".!p. ..p, ~. oss
aae II !. va maue ~ s.a.ase l,a"." Mauua,
WY apou 'oe o'u.' eowon pa ~ ~
e'e"s ouu iSSoo "ooneo =" COY" "",