The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1883-04-21

Inc Scout liquor th4 pIlI yuos P"'SSN -
the Legislature OF Ohio aud signed by the
Governor, forms another interesting chap
ter in the recent legislation Of that State
touching the sale OF intoxicating beverages.
In its main features the bill provides for
a yearly tax Of 500 upon persons doing a
retail business in malt or vinous liquors or
both, and $500 for general liquor BUSH
ness including whisky and the like. The
assessment Is TO be lien on the real
property on and in which the BUSH
ness is done. The dealer who sells on
rented premises without the written
consent OF the owner thereof is liable to
fine Of not more than 500 nor less than
SIS, or imprisonment in the county jail not
exceeding ten days, or both at the discre'
ton Of the court; every day upon such
premises is a new ofense. Whoever shall
refuse to give to the assessor the necessary
information shall be assessed $50. For
false information there shall BIZ an in
creased assessment OF $3.50. For non.pay-
ment OF tax when due there is TO be PEN
atty Of 20 per cent. The tax year begins
on the fourth Monday in April.
In every county three'fourths OF the
money paid in on account oil such business
in any city or village therein shall be paid
10 such corporation, one'half to the credit
OF tho police fund and one-balf to the credit
OF tho general revenue fund. The re-
mainder goes 10 the poor fund Of the coun-
ty. For example, Of the money derived
,der this law from the drinking houses oil
Cincinnati three-iourths would go-to the
city and one.fourth 10 the county OF Hamil'
ton. The bulk Of the tax, it will be seen,
is devoted to the preservation OF the peace
and the support Of the paupers, feature
oieminent propriety.
So far the bill is based on the correct
principle that where there Is not absolute
prohibition there should be revenue de-
rived from the liquor traffic. But under
the Constitution OF Ohio there can not DO
license. The State, therefore, must fall
back on tax, or deny itself source Of
large revenue. License or no license, while
the traffic exists certain consequences
follow it, certain burdens tall upon the
community by reason otit, and it is not
wise craftsmanship which shut its its eyes
to these conditions and their inevitable
results. The constitutional provision
forbidding- license does not pro-
hibt the traffic; it is a mere
sentiment which works no benefit what.
ever to the State. Intoxicating drinks are
sold as freely as though there were license,
the only difference being in the matter Of
revenue. This is the practical aspect with
which the Scott law deals, and 1t seems to
take hold OF the question in practical
way. Perhaps something better could
have been devised; but this is infinitely
better than nothing.
The brewers and certain other persons
interested are preparing to test the constl-
tutionalty OF the law, taking their stand on
the mo license" clause Of the constitution.
tits an interesting coincidence that the Pro-
hibitionists or ultra.temperance men also
declare that the State can not levy tax on
the liquor traffic because it Is not bust
ness recognized by law. 1t would be even
more interesting 10 see the Prohibitionists
standing together before the Supreme Court
to defeat law for the regulation OF the
liquor trafiic-a traffic which there is
no law in Ohio TO prevent These two in.
terests practically stood together in Ohio
last year, when the liquor men voted the
Democratic ticket, and the Prohibitionis.s
voted their own hopeless ticket and made
R ,publican success impossible. The tax
measure is moderate, in It's general scope
ngacious, and places the Republican party
in au attitude Of fairness as between the
liquor traffic and the public interests.
There are other provisions for which so
much can not be said. The Smith Sunday
law is re.enacted, and the power given to
municipal councils to regulate it in its local
application. We may imagine how it
would be regulated in Cincinnati, but heie
there is very strong presumption Of un-
constitutionality. al this has any effect"
says the Commercial Gazette, at is to give
city councils the power to suspend statute.
This will not be seriously insisted on as
legal" Another provision is practically