The Wellington enterprise. [volume] (Wellington, Ohio) 1867-188?, 1883-07-04
Temperance Legislation.

Every one who is interested in temper
ance Legislation will find the full text of
the Supreme Court Decision" in the Scott
Law controversy good reading, but there
are few passages deserving more than a
passing notice. The following gives new
scope and meaning TO the Constitution,
and would almost seem to obviate the
necessity for prohibitory amendment:
1t has been said that the power of the
General Assembly over the traffic in intox
icating liquors is to regulate and not to
prohibit. Miller & Gibson VS.. the State,
3 Ohio State 475) With this construction
of the Constitution we agree: The General
Assembly may, by law, provide against
evils resulting thereffom.' II seems to US
TO be fairly implied from these terms that
in the Judgment of the trainers of the Con-
stitution the traffic in intoxicating liquors
might be carried on without resulting in
evil, and to that extent it should not be
prohibited. Such traffic would undoubt-
edly embrace sales for mechanical, medi-
cinal and sacramental purposes, and upon
such traffic this statute has imposed no
burden whatever. (Sec. of the Act)
"On the other hand, it is expressly recog
nized that evils do or may result from the
traffic in intoxicating liquors, and the Gen.
eral Assembly may, by law, provide against
them. The language Of the eighteenth
section does not limit the power TO the
making of provisions for the purpose of
mitigating such evils, or diminishing them
the power is equal to the providing of
means to prevent the evils so resulting; to
so regulate the traffic that no evil will re-
suit therefrom
Undoubtedly the evils contemplated by
the Constitution as resulting from the traffic
in intoxicating liquors are those which re-
suit from the sale and use Of such liquors
as q beverage, and such were the. evils
against which this statute was intended in
some degree to provide. If, in the>judg-
ment of the General Assembly, il be neces-
sary, in order to prevent evils resulting
from the traffic, that the sale and use OF
intoxicating liquors as a beverage be alb
solutely prohibited, we can see no consti-
tutional ground upon which such exercise
of its Judgment and discretion can be re-
viewed by the Courts of the State"
The above will bear reading more than
once.
With this decision we should be toler-
ably well reconciled to go ON as we are,
were it not that having submitted the ques-
tion to the people, if prohibition should be
defeated it would be difficult TO persuade
our Legislators that such measure was
demanded by the people, and on that
ground would refuse to give us the law.
If the prohibition amendment should
fail, as seems probable, there is nothing for
temperance men to do but to indoctrinate
the people until public sentiment has
reached point that we can elect such a
Legislature as viii give US prohibition
under the Constitution as il is.
In the meantime the Scott Law gives
every corporation the right to prohibit the
sale of liquors as beverage entirely, and
wherever temperance principles prevail we
can have prohibition and furnish to our
less favored neighbors practical iliustra-
tion of the advantages to be derived there
from.
And now, have the people of Wellington
Moses who will lead in movement tC
show the members of the Council that a
large majority desire to avail themselves
of their rights under the law! Don't al
speak at once.