Perrysburg journal. (Perrysburg, Wood Co., O. [Ohio]) 186?-1965, 1883-09-07
THE LIQUOR TRAFFIC.
Judge Vests Views on the
Subject.
A Mastery Review OF the Situation, Em-
bracing Terse Statement OF the
Position Of Judge Hoadly as Set
Forth In His Speeches.
pr11rronrA1nr. O., Angus. is, 1883.

DEAR S1R-Yours of the 14th Inst is re-
ceived. My letter to Mr.. Rpkenbrod of
which you speak, was in response to inquiries
by him respecting the legal effect Of adopting
both the liquor traffic amendments or of either
separately. If l comprehend the scope of your
suggestions, some of them are covered py that
letter. but possibly not all.
These propositions l regard as settled:
l. BY authoritative action of It's highest
year and this, tho Republican party, as
political organization, is thoroughly COM
mitted to taxing the liquor traffic, as embodied
in the Scott Law, SO long as IL has legal exist
ence. Of course, II ut any time in the future
its legal existence terminate, its taxation will
become legal impossibility as is that OF any
other nonentity,
Q. Neither by action OF its authoritative as
sembly or otherwise is the Republican party as
o political organization committed in favor of
or against either of the proposed constitution
al amendments on this subjects Nor do l
think 1t either wise or proper that it or any
other political organization should so
commit itself or suffer its leaders, candi-
dates or demagogues to so commit it. The
questions are OF q peculiarly moral character,
affecting individual interests, domestic happi-
ness and social welfare in all parties, more or
less without distinction, and upon which indi-
sion, prejudice or education, should be freely
e1ercied, with candor, GOODNESS and delibera-
ton. a constitutional amendment widely
differs from statute. Rashness, even madness
in the inconsiderate passage of the latter by
whatever partisan consideration influenced,
the people may speedily correct when reason
und reflection return. But an amend-
mcnt once adopted, however rashly or
inconsideratey, or through the pressure of
whatever partisan influence or prejudice, is,
under our Constitution, practically irreyoca-
ble If experience shall show its adoption to
have been unfortunate, generations OF mis-
chief may be wrought, without the power of
legislative remedy, unless three-ffths of the
General Assembly can be carried for its re-
vocation.
8. Identifying either OF these amendments
with partisan endeavor will, in my judgment,
rcpel more than it will attract, and work
mischief unto the cause it is designed to
promote. For this reason, whether wisely
or unwisely, l have scrupulously abstained
from and endeavored to prevent giving
partisan character to the movement for or
against either, believing, as l have repeatedly
expressed that it would be infinitely better if
the third party, Prohibitionists, were alb
sorbed into the old political organizations,
where their influence on primaries and nomi
ton receives its indelible impress, would be
practically felt. In matters of religion, In
which salvation depends on individual faith,
conduct and purity, and not on the decision or
vote OF majorities, association and con-
currence are matters of indifference. Re-
ligious societies may sever into in
finite numbers and yet separately
attain the desired goal. In social life and
political government where majorities control
and the minority must submit. factional organ
izations are generally powerless TO accomplish
| good. Without the unity and concurrence of
a majority nothing is accomplished. Purity
and holiness in the abstract are excellent things
but in social life and political government, the
best on which the majority can be induced to
concentrate, is, for the time being, the best
On this ground / have supposed that
partial good. was better then moth
poison, scorpions, vipers and death stings, as
our prohibition felloW-citizens say tho liquor
| traffic is, possesses less destructive power and
capacity than whole loaf OF like composition;
and that they in popular government, where
potency, who achieve the best they can, do
we'll, act nobly; angels can do no more.
In 1851 the people by separate ballot voted
into the present Constitution the provision
| that mo license TO traffic in intoxicating
liquors shall hereafter be granted in this
State; but the General Assembly may by law
provide against the evils resulting there
| from" This is a solemn recognition by the
people, embodied in their organic law that
evils may result from the traffic, of magnitude
and gravity justifying the intervention of leg
islative power for their suppression. In his
recent speech at Piqua, Judge Hoadly said that
temperance fanatics and salcon,,keepers unit
ing voted this no-license clause into the Con-
stituton. In the Constitutional Convention
of 1874, when this no-license clause was under
discussion, Judge Hoadly said: 81 was
then an arden yoGfng adyo
than twenty years of practical free trade under
1t has changed my views. My personal con-
victions and Judgment are that absolute legis-
lative control of the liquor traffic is best, but
majority Of the friends with whom / am art
be rrevocaby engrafted in and sanctioned by
the Constitution, and aequiesce." / repeat
from memory only the substance of his speech,
which will be found in Vol. H.. Part IL, otthe
Constitutional Debates.
Legislative control, which Judge Hoadly
then personally favored, meant unlimited
power OF the General Assembly to tax, license
regulate, restrict, or prohibit the traffic, at dis
cretion. But the distillers brewers, and
wholesale dealers OF the State, who desired an
unrestrained and free market throughout its
borders for their wares, said nay, and demand
ed that @ constitutional clause requiring the
Legislature to license the traffic and forever
forbid its prohibition should be inserted in the
and the struggle Of the conven-
ton. 1t was finally agreed, Judge Hoadly
concurring, that two antagonistic propositions
license in the Constitution the other prohib-
iting license but giving legislative control in
all other respects. Judge Hoadly ably urged
this as due to the opposite opinions of the
electors demanding it, although the majority
views were concurred in by the Convention,
and two antagonistic propositions were sub
mitted. But the Constitution failed of Gdop-
ton, and free trade went on.
memorializing of the Legislature by more
than one hundred and fifty thousand of the
good people of the State. That body, without
J approving or disappearing the object OF the
memorialists, had TO choose between accedine
to or spurning their reasonable request. Recog
niZing the right of petition and the dutV OF
accecding to their reasonable requests as ths
ment Of the people by the people amnt m
for the people, the Legislature last win,
Judge Hoadly in 1874, and without expressing
any opinion for or against either submitted
like the Convention of 1874 two antagonistil
propositions on the subject: One vesting in tn,
General Assembly legislative control, in favol
of which he then declared his personal convic
tions, under which that body may tax license
or regulate the traffic generally, or IL deemed
necessary, prohibit the beverage branch thereof
which Is all the legislative control even the
most radical or conservative asks or expects viii
: tutional prohibition of the beverage traffic
, leaving the non-beverage traffic subject to gen
eral regulation. Many most excellent citizens
in both political parties favor the FIRST, many
! the second. 1t is but due to them, as the op
portunity is afforded, that they be allowed tx
dispassionately act upon their sincere conyic
tions and exercise their intelligent judgment
, uninfuenced by party passions, prejudices
pride, resentments or animOsitles, and uncon
strained by the party whip and spur.
The temper in which The discussion is b,
some conducted, the virulence and crimina
: ton INDUCED in, the questioning of the mo
tiyes and the sincerity of convictions in
fiuencing opposite or conservative action o.
regretted. Such discussion may momenta
I rily crafty, excite or influence some Will,