Springfield globe-republic. (Springfield, Ohio) 1884-1887, 1886-08-21
Will the Saloons Sell During the Fair?

To the Editor Of the Globe Republic:
Fdr some time there has been on the
statute books the following law:
Sec. 6946. Whoever sells intoxicating
liquors at or within twelve hundred yards
OF the administration or main central build
ing of the Columbus asylum fer the in
sane, or of the institution for the feeble
minded youth. or the Ohio Soldiers and
Sailors Orphans home, or within two miles
Of the boundary line of the Ohio reform
farm, south of Lancaster. Fairfield county,
OF within two miles of the place where
any agricultural fair is being held shall be
fined not more than one hundred nor less
than twenty-five dollars, or imprisoned not
more than thirty days, OF both, and on con-
victiOn of the owner or keeper thereof, the
place wherein such intoxicating liquors are
sold shall. by order of court, be shut up and
abated as a nuisance. Passed April 10,
1874: amended May 2. 1885.
With but few exceptions this law has
been a dead letter. This year the w. c. T.
L. of Ohio will make an effort TO have it
enforced in all the counties.
Already the ladies of this city and county
have moved in the matter. by appointing
a committee TO see what can be done. Last
week the committee commenced its work,
and an account Mr.. Editor, of its investi-
cations will be OF interest to your readers.
The account will be better understood
when il is remembered that the Citizens
League of Springfield tried two years ago
t) have the law enforced, or rather TO test
the same. That year, during the fair, sew
eral temporary booths were set UP around
the gate. Evidence against them was Sc
cured. and also against one or two regular
saloons. The names of the witnesses were
handed to the prosecuting attorney and
he was informed of what was desired
When the grand jury was impaneled he
called Judge Goodies attention TO the stat
ute and informed him Of the evidence that
would come before the jury. The judge
Instructed the jury that the law referred 10
temporary booths, and not to regular sa-
looms. As result only the keepers of the
qOoths were indicted. There is no appeal
from judges opinion. and there the mat
ter rested.
The undersigned. members OF the com
mittee mentioned above. knowing that the
matter Of closing the saloons during the
fair would depend largely on how our COM
mon pleas Judge would cOnStrue the law,
determined to see Judge White and find out
Finding the judge in his law Office, they
conversation:
DIR. Hazzard- Judge. if you are at leis-
ure, We would like to talk with you a few
minutes"
Judge-"Very well. doctor. go Oh"
Doctor-''Judge, an effort is going to be
made to enforce the law closing up saloons
within two miles of a fair ground during
our coming county fair and we would like
TO know how our officials feel about the
matter. Last year the law was en-
forced in Champaign and Miami cOnnties,
but in this county, we understand that
Judge GOOde held the law applied only 10
temporary saloons built in close proximity
TO the fair grounds for the purpose of SELL
ing liquors during the continuance of the
What is your opinion of the
law, Judge?"
Judge-'1 had a stenOgrapher at the
coWt when Judge GoOde instructed the Jury
concerning the matter you refer TO, and
consider his opinion right. havn't studied
the question, but shall hold TO the opinion
given by my predecessor"
YOung-"But, judge, we unde->trnd
that Judge GOOde has different
opinion now. He says he instructed that
jury on the spur of the moment, but having
looked into the question now believes that
tie law refers not only 10 booths but regu-
lar saloons Also"
Judge-'That may be, but a judges
opinion off the bench is very different
t.ling from the one given on the bench"
DOctOr-"Do you judges always hold to |
the opinions of your predecessors ,"
Judge-''Yes, otherwise courts would be |
reversing themselves, and there |
would be confusion"
Young-"But how about it when a !
Judge gives a wrong decision or opin- |
in or where there is doubt about |
it? For instance, in this case, we under |
stand Judge Wanock. of Champaign, holds |
a different opinion from that given by Judge |
COode. and so, as the doctor said, the Sa-
looms of Urbana were closed during the |
fair last year; and the same was done in |
Miami, where Judge Wright sustained the |
law. And, Judge, the law says, the place |
such Intoxicating liquors are sold. |
may. (amended TO shall. by order of court, |
he shut up and abated as a nuisance. Sure
w that doesn't refer TO temporary booth, |
d PES it,"
ge-''Gentlemen, don't consider this |
an open question. II | did, / would be !
glad TO discuss it with you. | will hold to
the opinion given by Judge GoOde. until it .
is reversed either by the circuit court OF
supreme court That is my decision"
Several of the best lawyers in the city
have been seen. and they all say that the
law clearly does not except the selling of
Intoxicants in regular saloons.
So here We have, first a good law, sus-
Lained in other counties; secondly, a pros
ecuting attorney ready and willing
10 prosecute violatOrs of the law:
thirdly. the Woman's Christian Temper
snce Union, backed up by many of the lead
ng citizens of the City. ready TO furnish evil
ience if the law is violated.
And now, if the saloon keeper within two
niles of the Fair grounds sell during the
air and are not punished for it it will be
,y the grace Of whom?
Let the reader answer.
J. ). X. HAZZARD,
RnuT II VpT-<n