The Eaton Democrat. (Eaton, Ohio) 1875-1903, 1886-01-14

but in causing secrecy and increase, nave
Whether Attempted by law or c~opstitutionai
amendment, by general restraint or local
in, not beyond the rights conferred by
natural law, and when conducted under
proper restraints is not evil. and is entitled
Blu It is susceptible of abuse, liable to lead
to excess, and therefore should be permitted
pasg Gned ptSSp NJ man s or woman mas s OF bad char.
acter or conduct should be allowed to deal in
intoxicants, the number of saloons should be
they can be nuisences to neighbors, and the
quality of the liquors sold should be the sub
feet of rigid and frequent inspection. so as to
secure consumers from dangerous adultera-
tions. 1t is because these can not be had under
the present Constitution of Ohio that ] recon-
constitutional amendment permitting the
license of this traffic with taxation and regu.
lation.
It is claimed that license is permissible un-
der the present Constitution, if only the form
be disguised, and it called q tax. Whatever
the effect of the Scott law in name, or. even in
technical legal effect, it is, in substance and
moral consequence, a license law. 1 quote
from an eminent statesman, noted for the
careful use of language Senator Shermanl,
the following sentences, as expressing my
opinions better thar any form of words 1 can
myself frame:
II can not see how you can have a tax law
without it operating as a license law. A
license is a permit by legal grant. A tax on
a trade or occupation implies q permission
to follow that trade or occupation. We do
not tax a crime. We prohibit and punish it.
but BY a tax we do share in the profit Of
selling liquors and therefore allow or license
it."
proper purposes of license. 1t produces rev.
enue, and thus compensates society to some
incident to the traffic. AS it thus becomes
the pecuniary interest of the community. to
permit and even extend the trade, taxation
tects and ENCOURAGES il, but does not restrain
OF regulate.
Whether, therefore. the power of tax exists
or not under the present Constitution, the
necessity OF effectual restraint and regula-
| ton requires that the General Assembly
upon those. engaged in this dangerous traffic,
conditions by which they may be required,
before embarking in the business, to prove
and methods Of the dealers, by which VIOLA
trafac, and the quality Of their goods Be Sc
cured from deterioration by authorizations,
and the sale OF liquors in b~awdy-houses
tive Department owes to the judiciary
the duty of implicit obedience tc lis law
full mandates, recommended in ms inaugu.
raj address, that instead of repeating t. g
Scott law, it be made as nearly as practical
within the Constitution. a just license law.
the on. But the decision Of
the Supreme Court made before that time,
sustaining the constttutionality, + the Scott
i ldH. nus 6lllCo pCSh Inv SOeAS 49,
ally held the Scott law unconstitutional, be-
cause it was in legal effect a license law, the
attempt to secure collections by lien on the
realty and requiring the owners consent IN.
volving that consequence. The Court did
not decide whether or not a mere tax en-
within the legislative power, n that ques.
ton is left open for consideration.
1t is, however, quite well settled that TINS
trafic can not be taxed for revenue. It was
This for the reason that It Is Ia legal effect q
sec SECOND s,n ,s1 eP so,t the Of fiq ,Ss H ttssls; as st as1a f y
s snSsh VS. vs. Weldon Madsians 81 Us. rs. And beipa
Scott law being arbitrary and not levied upon
tn property according to its true value In
money, as required BY the Constitute trst on
found, If at all, In some other part of that In
strument than the general grant of Legislative
power, or the provisions for raising revenue
by treating taxation as u proper pol ce IN
strument, a sort of fine in advance, likely, OF
at least intended to diminish the number O.
saloons, and therefore within the grantet
power to provide against the evils resulting
from the traffic in Intoxicating liqnors;.. ..
tempted, can only be done indirectly when i
is the consequences or collateral result OF tn,
direct exercise of a lawful power. 1t is az
certained in Ohio that a tax upon the liquo,
traffic is as such unconstitutional, becaus
taxation is the appointed agency for raising
by taxation upon property according to it
true value in money. Its constitution
atty, therefore, can only be establishe
by showing that it is lawful to limit d
rectly the number of saloons, and that an
mode or legal action may. be sell csed oy, tn
Legislature to reach this END, aitaongn ! !,
thus levied for revenue on this or any othe
traffic. But a law to limit the number G
saloons is a law to permit, and thus to licens
the limited number, and is directly forbiddc
by Schedule Section Is. 1t would seem clea,
therefore, that taxation Is no more adm1ssaDI
r. a.. D,rrIt RI hn ittcfiRad - q hpinp the ind
rect result of the exei else of the police powe
: than when attempted to be sustained d
the power to tax.
! It is not denied that, where the power {
arbitrary taxation exists, it may have, as I
collateral consequence, a prohibitory efec
the issue of paper money by State banks b
; ISSUE u9proiita6ls; Tdis was IA. aS5
noaer of ' Police. p0T f the General a
! sembly had the right arbitrarily to tax into
, othefr value the traffic might doubtless |
! suppressed by a sufficiently high levy. b
{ it is a misuse of language to treat the rev
+ rect purpose and. primary effect of the Sec
law, and it would be a miscarriage of law
Justify taxation under the police power, VIII
i, the direct exercise of that power to the san
effects expressly forbidden. -
g Undera license system it may be plausib.
i portunities to all who may pay the san
license fee, and it will be the fault or misi'
o tune of the hindmost if he do not ma
q profits equal to the foremost" But under
v system of taxation, burdens should be :gra
!. uated by protection, by benefits conferr
3 and enjoyed. Otherwise the true principl
y of taxation are violated, and the word tax
Ia inappropriate, and ought not to be used.
i. Experience does not indicate that, In
to tax this traffic in Ohio has bee benehci
Or The reports of the q. s. Commissioner of
ternal Revenue show that the number
= nous and fermented liquors in Ohio, for I
o. year ar. en din APRIL A 1as. 90 9nd ISL. 1850 were Il .a aS' 'os IN ~
n include druggists, and, considering t
re- increase in population, show a rapid decrea
~ of the traffic during this period of 70
F. F. passed April s, and held unconstitntiol
e. May 30, 1882, and during the next fiscal ye
be which ended April 80, 1883, the number
TO licensed dealers increased to 1928. !
az scott law was passed April Il, 1885 and d
i is 5 ing the year ending April 80, 1854 the numl
ip d dnrine tSe S SeSr b before fs; co. the 9P passage rs in1'e Of :
AZ Pond law. Under the stimulous of free trs
the result of the decision that the Scott
was unconstitutional, made on. october
in 1884, the number of wholesale and retail d.
ers rose during the year ending March
&C. 1885, to 15,42T. .
ey 1t seems to me that these figures prove t
he the law, forbidding sales Of liquor to
re- drank on the premises, repealed by the SC
} q law, was a more effective police agency Il
ng taxation, that it's enforcement (where pl
he ticablel coupled with the agencies of INC
Ca s%uasion. the pulpit and the temperance I,
by tor, were surely diminishing the excess
* consumption of liquors until the date of
ate passage of the Pond law, and that their eff
srs has been impaired, not strengthened, by
MS, resort to taxation, unaccompnnied by
is wholesome and stringent restraints whft
ers license system affords.
g." Your attention is directed to the unSa
led factory condition in which the decision
uc- the Supreme Court have left the restrain
I q punitive and repeating portions, viz:
hio ninth, tenth and eleventh sections, of
al Scott law. No one knows whether they "
&C. essential features of the uDcoDStttutlt
pms system, and therefore share the fate of Of
or parts of the act denounced by the Sup
ma. Court as unconstitutional, or whether
md are separable and surviving, aud are
the law of the land. They ought to be
pealed, or re-enacted.
In regard to the Penitentiary,t the Cover
ose says:
can The financial results Of the change +
avs contract labor have been disastrous.
unit Tenorts of the Auditor of State show tina
op- management of the Penitentiary drew I