The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1884-10-30
? 49, F-s"s7as'@7-ass1Ss 9-I1I7 ~ Z
THE COuler'S DECISION.
Aow the Decisive Act wns done-Syllnbus
t4 Of ths Case - 81 4

1
| -, Of ths Case. 3
COLUMBUS, O., Oct. o0.-The story Of tn
Scott liquor law decision is further related
Chief Justice johnson, after announcing
the decision Of tho Court in several mino
eases, gave way to Judge Okey, who brieAy
announced that the case Of Ohio on mo
ton Of George W. Conrey vs., David Sinks
treasurer OF Miami county, maudalnus
had been decided by the majority Of the
court in favor OF tho defendant. This wa.
a petition In mandamus tO compel tho
treasurer To receive the liquor assessment
which hn refused to do on tho ground tl,uj
tho INV was unconstitutional. The cour,
held that such was the case and refused Ia
grant the writ Of inandamus.
Judge 0kcy also said that In tho cases
Of Morris Mayer VS.. George Beck, Treas.
urcr OF franklin county, John prodbereer
vs.. Charles A. Miller, Treasurer OF Hamil.
ton county, and Charles Miller ct III. VS.,
IL. II. Whitheck, Treasurer Of Cuyahora
county, all Of which had beon affirmed by
the District Court making the tax collect
able, the judgment OF the lower court had
been reversed. He said the ground for
reversing these decisions was the same as
In the Sinks caso-lhe unoonstitutionality
Of the law. l7.Sf q =
Chief Justice johnson announced that
he and Judge McIlvaine dissentcd from
the opinion OF the majority Of the court,
and would in due time give dissenting
opinion, Followingis Is ~
The state,oi Ohio on relation Of John
W. Conley vs.. David sinks, Treasurer of
Miami county, mandamys. BY the court.
'okey, Owen and FolleV,J.J:: Concurring.
First. The act OF 1855, commonly called
the Scott law, $50 Ohio Laws, lGH amend
cd in 1851 Isl Ohio Laws, 204); so fur as
it provides ior'Ylien on tho real estate pc-
cupied by a$tenant who. is dealer in
liquor, is III .siFtct license law, within
the Inhibition Of the eighteenth section oi
the schedule to the Constitution, which
proyides that nno license to traffic In in
toxicahhg liquors shall hereafter be
grantpd in this Slate" aIld|tjs therefore
void The State VS." Hipp,3s Ohio Stat
ut,J'l09, and iButzmanSvs. Whitbeck, de-
ciaed by this court June II, 1854, followed
and approved.
2. Inasmuch as it is plainly unreasona-
bic and improbyblc thut the General AS
sembly wohldfiave passed The Scot. law,
with THO provision giving lien for the
tax on the premises occupied by tenants
elitninatcd tttereftom, the whole act, 80
far asst provides for an assessment or tax,
is unconstitutional and void. The State.
VS.. Frame and Denncr vs., Bander, 80 Ohio
Statutes, 800, overruled. Writ OF manda.
mus refused. johnson, C. J., and Nell.
ynine, J., dissenlcd: f,t-s. -:s-if
sN,- a HuiIloxel Court.
.cinrnnnii Commercial Ga:c'tc
4hc decision ofthc Supreme Court, de-
Gliding. the Scott law unconstitutional, is
the Lash kick, and the most fntal, OF the
DemoeRAe party. This is the most dis.
graceful, acs.eyer performed by the SUI
preme CanrtM0h 0hio in the history Of that
tribunal. JtTtNlired n tremendous effort
to prevail upn,s Jadgo& Owens 10 agree
with his two NDApoera,ic colleagues to;
unite in that asclsap, but it was. finally
ACGoHipllole'i nuuSiee f4luoI lAtne result.
1t is the last stroke on tl,q part OF the
Dempcratic managers in tfiIr vain effort
to carry the election. TT iSa:6i for the
Germah, vote, and tits ioolisl,fy slppnae5.
that Germans have no princinles Shove de
outside Of free liquor. It is {,,rtheh fool
ishly supposed that mon who pay laXes
upon their lNamps are In favor o1texemnt-
ing persons Mgagcdin the liqnor tr,,iIic'
from the burlhens that fall upon other
people in sustaining the State, county and
municipal governments. 1t is also to be
remarked that not q the saloon-kcepers,
or tho half Of them, Aare opposed to the
Scott law. These understand thcir bust
ness, and they are in favor Of a tax such
as was imposed under theNscott law,
III EclIoEsEpNM oLlsyELANn, .iI
A Sorry liay far TN, ih,DeHocratsAO plntons Of
l'ro,ninont Men. i.. nf
CLEVELAND, O., Oct. 29.-Following arc
u few opinions on the Scott liquor law dc.
cision: William Robson, Esq, With a
newspaper in his hand, delivered a lecture
y