The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1883-05-22
THE OHIO CANVASS,
The Liquor-Tax Question the Important
Issue-Points in the Scott Law.

Issue-POints in the Scott Law.
Interview with Gov. Foster in New York Tribune.
What are to be the issues of the cam
paign?"
THE liquor issue, mainly. Our platform
will no doubt take strong ground in favor of
high tariff and civl-service reform; but
however much or lutte may be said in the
platform about liquor legislation, that will
unquestonably lend chief interest to the
campaign. A law has now been passed
which will stand the test of the courts In
| deed, 1t is to be tested at once. We brought
on the suit ourselves, so that the CUES
ton of constitutionality might be settled.
The law provides that each county auditor
shall give notice to liquor-shop keepers
| by advertisement of the maturity of tax
| dues Auditor Frame, of Athens county re-
| fused to perform his duty OH the ground that
of course, employed no counsel and the
| court assigned to the defense Mr. Hoadly,
who obtained the Judgment last year affirm
| ing the unconstitutionality of the Pond law
The case is to be argued on the Goth of this
month, and think we shall win.
! 1.-The fatal defect in the Pond law was that
it provided not only for the payment of the
| tax, but required every saloOn-keeper to give
bond to secure payment for the ensuing
| year. This feature was declared to be in the
nature of a license. The constitution
| provides expressly that no license
intoxicating liquors, but that the Legis-
lature may by enactment restrain the
evils arising from such traffic. The Scott
law, the constitutionality of which is about
| to be passed upon. borrows for its title the
exact words OF the constitution with refer
ence to restraining the evils arising from the
traffic. 1t is long law, but in substance it
imposes upon dealers in malt liquors and
wines a tax of 800. and upon dealers in
spirits a tax of 5000. 1t requires dealers to
obtain of the owners of their premises a per
nit to sell liquor, and makes the property a
| lien for the payment of the tax as did the
old Dare law. Then it invests common
councils of cities with the power to prohibit
| the sale of liquors within their Jurisdiction,
The fatal bond clause is eliminated and
the property lien clause substituted. There
may be defects in this bill. l favored,
instead of the property lien clause
a provision to attach the effects of the
liquor-shop-keeper wherever found, or prop.
erty belonging to any one found on his
premises, as in the old law, for all damages
but many of the retailers are mere hirelings
of brewers who get rid of their surplus beer
by putting $40 worth of furniture and key
OF beer into a place with a man to attend to
it. So it was objected that such provision
would be ineffective.
Then those who argue against the bill
assert that the provision requiring a permit
from the landlord for the sale of liquor on
the premises impairs the validity of existing
contracts by interfering possibly with lease
holders. l believe in collecting damages by
distress, and it may be that the property lien
clause aad the permit clause will be de-
clared unconstitutional, and be stricken
out, but the main features of
the law, securing the tax, will stand, l
feel sure. Indeed, the main provisions are
sustained by a decision rendered by Judge
Thurman. on the Supreme bench, in 1865, in
which he declared that the Legislature had
as good right to pass laws to restrain the evils
arising from this traffic as to pass law to pre-
vent giving poison to child or a dagger to a
| mailman.
"There can be no doubt that the law will
operate in the direction of restraint. 1t will
shut up fully one-third of the bar-rooms in
the State, and they will, of course, include
the worst ones. 1t costs Cincinnati, at a
moderate estimate, 100000 year for extra
police and the support of criminals and
paupers who are graduated at such places.
That city will not only save that amount,
but will receive large and much-needed
income from taxes, for every dollar of
| liquor tax is to 20 to the county treas
uries, to be applied half to the poor
fund, quarter to the police fund, and
quarter to the general revenue fund The
estimated collections in the State will be
81 100000, of which Cincinnati will collect
probably 100000. Taxes in Cincinnati are