The Democratic press. [volume] (Ravenna, O. [Ohio]) 1868-1901, 1884-01-17

which conservative men of all parties may
stand in opposition alike to prohibition and
to free trade in liquor, which shall furnish
adequate legal restraint not of temperate but
Incorporate drinking, and not unduly inter-
fere with the right of individual liberty and
the duty of self-control. Perhaps no measure
can be devised that will fully accomplish this
result. That which comes nearest is, I am
persuaded, the system of license with
the tax or license fee Justice is done to the
dealer, whose burden is thus proportioned to
the extent of legal protection he enjoys, and
has relation also to his opportunity for mis-
chief. BY security before license and before
the trade men of known bad character, and
those who have conducted it Illegally, and to
who keep orderly houses of entertainment.
without any amendment to the Constitution
the full benefits of proper system of license
and taxation cannot be had. Such amend
ments proposed in 1851 and 1874 were defeated
by small majorities. A different result might,
perhaps follow the submission of this propo-
sition by the present General Assembly to the
qualified voters at the election in 1885 The
alternative amendment submitted in 1888,
which would have given power to license, was
cast in such form as also to authorize direct
prohibition, or prohibition by arbitrary and
excessive taxation and therefore lost the favor
of many.
We have to deal, however, with the Consti-
tuition as it is, but with the advantage of
knowing, from the labors of the Supreme
Court, that the act of 1888, commonly known
as the Scott law, is not in conflict with the
inhibition against the passage of the laws to
not, in the legal or technical sense, establisha
license system, it has some of it's advantages,
produces some of its effects, and in practice
largely partal1es of the nature of a license
aw. While it does not in direct terms protect
the dealer against interference during the
year. for which he is compelled to pay a tax
it indirectly insures his protection in the un-
Il turbed continuance of his traffic. by the
contributions it eXacts toward the diminu-
t1on of general taxation, and by the general
interest it thus creates against prohibition or
the destruction of the trade A community
to whose expenses this traffic largely contrib
utes and whose taxes it diminishes will not be
inimical to its continuance upon economic or
financial grounds at least. l do not believe
this law ought to be repealed, but that the
graduation of its taxation and the withdrawal
of the power OF municipal prohibition, would
convert it into as just and efficient license
law as is consistent with the Constitutional
inhibition, without at all withdrawing the
force of any of the reasoning upon which the
majority of the Supreme Court sustained it's
consttutionaity.
Nineteen years have elapsed since the close
of the civil war dismissed from arms and rele-
gated to the ways and works of peace more
than million combatants. Time has effaced
most OF the visible ravages of war, and near
~, if not quite, all the animosities engendered
itical agencies, mischievous as far as they are
active, but constantly losing force. Even the
generation, and with its payment the bur-
thens of Federal taxation may be so dimin-
ished as to afford an opportunity for CONNER
c1al freedom, an opportunity such as the
country has not enjoyed since the administra-
t1On OF Andrew jackson.
The great monument of victory, the endur-
ing assurance that the blood was not spent,
the treasure not spilled in vain, is the restor-
alton of the Union upon the basis of the
abolition of slavery and the enfranchisement
of the slave. Color has taken it's place, in
law. and with reference to legal rights under
the American system, by the side of inherited
wealth, place of birth, and other fortuitous
circumstances of life, as having no effect in
determining condition. That is left to con-
duct, the result of character, and white and
II rn1n nc, 1lrir go III
opportunity in the presence of the law. The
habits and uSageS and prejudiceS of slavery
viii VIII aouDtiess long survive, but the day will
even without legal intervention, no citizen in
any State will be treated as an inferior, or de-
MED the full measure of equal rights accorded
to others, merely because he chanced to in
hert black skin
These prejudices, which exist as fully at
the North as the South, may hereafter give
rise Il do not think they have done so yeti,
to the necessity to amend the criminal laws
of our State. No legislation is needed to es-
tablSh the principle of the absolute equality
OF rights between black and white, or to fur
nish civil actions for redress of invasions.
These are accomplished by the Federal Con-
stitution and the common law as it prevails
in Ohio But portion of the civil rights
legislation of Congress has been recently de-
clared unconstitutional by the Supreme
Court of the United States, and inasmuch as
the duty of protection against inequality and
volved upon the States, it may become neces-
sary for Ohio to act This decision licenses
no act of wrong or oppression. 1t merely
transfers the theater of redress from the Fed
eral to the more numerous and accessible
State Legislatures and courts. The war was
rightly waged to vanquish the armed asser-
tlon of superior sovereignty of the States,
made in defiance of the express provision
that 1.-The Constitution and the laws of the
be the supreme law of the land, any
thing in the Constitution or laws of any
State to the contrary, Notwithstanding.
But the habitual use of and submission to war
powers has left the minds of many good citi-
Zens in apt condition to forget even until now
that the constitution likewise reserves all nom
delegated powers Ito the States respectively,
or to the people," Under these circumstances
the Civil Rights act was passed, which
islation and judicial action discriminate
ing against the unequal rights of men
Of color, but adopted for the Federal Govern
ment the power of police within the States for
the preservation of human equality and the
enforcement of equal rights. Since the adop-
ton of the Fourteenth Amendment white and
black have dwelt together in harmony in Ohio
and prosecutions under the Civil Rights act
have have been rare, SO that few cases
necessity of an amendment of our criminal
laws so as to furnish substitute for the por-
ton of the Civil Rights act thus condemned
by the supreme Court But every just man,
jealous of his own rights, should have q heart
quick to see the invasiOns of the rights of
others, especially of this IA @, long bound in
the chains of slavery, and deprived of legal
personality. 1t is for you, therefore, to con-
slider whether there is any citizen soiourner
in Ohio, and if there be, to provide by apt leg
islation, in advance, for prompt and severe
punishment, not discriminating, however, be-
tween white and black, but furnishing the
same relief against the same wrong to both.
The condition of the State has been so fully
presented in the Message of my honored pre-
decessor, that nothing further is left for me to
say. l invoke the aid of all good citizens
without distinction of party, for the General
Assembly and officers of the State. We are
entitled to it, for the State Government,
as the servant of the people always
has just claim to direction from its
master. Without such aid you and l may
easily go astray. With it. we shall be rein
forced in our labors as well as fortified in the
hope that Ohio, during our brief term, may
be preserved from the disaster of unwise
legislation and inefficient administration.
The delivery of the inaugural occupied
about thirty-tive minutes Chief Justice
johnson then arose and administered the
oath of Office to the Chief Magistrate.
The band then played another air. when the
joint committee escorted Governor Hoadly to
the executive office, where he received many
congratulations.
THE OTHER STATE OFFICERS,
Members of the Senate and House went to
the Senate Chamber accompanied by the other
otficers-elect, where the Lieutenant Governor,
Warwick, took the oath of office, administered
by Judge McllVane,