The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1885-01-13
Gov. HOadly on the Liquor Ques-
fiOu.

Gov. HOadly on the Liquor Ques-
tiOn.
In his Message, Gov. HoADLY dwells
at considerable length on the liquor
question. Below will be found his views.
OF the Scorr law decision he says:
With the sequences of this decision
the court bad nothing to do, but they
call for legislative action. The judgment
in put upon the sole ground that this act
created system OF licenses inhibited by
the constitution. The important q1es.
iion whether the sale OF property which
has paid taxes, or is legally listable for
taxation, may be taxed IN addition to the
tax upon the property itself, vas not de.
cided ny the court. But, the Supreme
Court of the United States has twice de-
ded that taxation Of the sales of prop
erty is the. taxation OF the property it,
self, and inasmuch as the Constitution OF
Ohio requires all property to he taxed
by a,upitorm rule according to it's value
in money, 1t would seem to follow that
the taxation of sales, OF of the right to
sell, at arbitrary or nondiscriminating
rates, and double taxation of liqnor, or
its taxation BY rule diffe-e ent from that
applicable to other property, is forbidden
by the Constitution. 1t would also seem
clear that payment OF such taxes cannot
be rendered certain, and their collection
effectual, without resorting to the inhibi-
ted system OF licenses, or legal permis-
sion:
But the people of Ohio are in no mood
to leave this subject as it is. There will
be change. Free trade in intoxicating
drinks has been permitted 50 long that
the patience Of the people has been out
worn,and the choice is now only between
restrictive remedies. Three plans Of &C.
ton are proposed:
First, prohibition, to he accomplished
by Constitutional Amendment and sub
sequent legal enactment. Believing that
the evil against which we have to con-
tend is in the abuse, not the use, in the
excessive, not the moderate, use of in
toxicating drinks. l would not vote for
such an amendment, and cannot advise
its submission to popular vote. Its
adoption would be an invasion of indi.
vidual liberty. which no majority has the
moral right to prescribe to an unwilling
minority.
That prohibition of the manufacture
may be easily elected, do not doubt
Every brewery and distiIlery in Ohio
may be driven into Kentucky and Indi-
ana, and ruin dealt to some of the bran
ches Of domestic industry now mos,
Aourishing. But this will not diminish
drinking or reduce sales; it will only
transfer the manufacture, with its profits,
to OIL er States and lessen the revenues
both of citizens and the State.
Nevertheless the evil, The excessive use
of liquor, is real, and it is the duty OF
every good citizen to aid 10 combating il
both by precept, example and vote. Two
o her remedies are proposed:
Secondly, the repeal Of the schedule
section Is, which forbids licenses and
empowers the General Assembly to pro-
vide by Law only against the evils result
ing from the sale of Intoxicating liquors
Such repeal would leave the General As
sembly free to prohibit, to license, or to
adopt free trade-in short, to fight the
evil In any wav, or to let it alone The
objection to this plan OF action is, frs.
that it equally permits free trade and
prohibition, and, secondly, that it settles
nothing. On the contrary, it makes the
temperance question the controlling issue
in Ooio politics for the future. Doubtless
this would be better than to adopt rro.
hibition as permanent system by Con.
stitutional Amendment, for it does leave
the people free to contend biennially
against Interference by sumptuary laws
with their habits of life, ami to sustain
the power and duty of individual self
control, but respectfully submit thai
there is still wiser plan of action, viz
Thirdly, the submission TO popular
vote of constitutional amendment pro-
viding for license system with gradua
ted taxation. The choice is really be-
tween license and prohibition. Doub
cannot he entertained that II we fail t
secure an effective system OF restricted
license and taxation, prohibition will fol
low.
The decision adverse to the constitu
tionality of the Scott law withdraws
large revenue. 1t also involves the duty
Of refunding taxes to those from whom
they have heen illegally collected |
will be your duty to provide means 70
enabling these inconveniences 10 he me
and overcome. The people have hat
for one year the advantage Of one fea
ture Of license system. viz: its reve
nues. That they must now refund then
to the individuals from whom they hav
been illegally withdrawn, furnishes nj
reason why there should not be renew
ed attempt, constitutionally made, to sc
/. cure the enjoyment of its benefits.
:. E% John B Clark. clerk of the Hous