Perrysburg journal. (Perrysburg, Wood Co., O. [Ohio]) 186?-1965, 1886-01-08

| money, as required by the Constitution for
| revenue taxation, It's support must bo found,
II at nil, in somo other part of that instrii.
| ment than the general grant of Legislative
| power, or the provisions for rnisinR revenue.
| This was attempted under the police power,
by treating taxationas proper police IN.
| strument, sort of fine in advance, likely
or at least intended to diminish the number
| OF saloons, and therefore within the granted
| powor TO provide against tho evils result.
| Ing from tho traffic In intoxicating liquors.
But that which is forbidden, u directly at.
| II rs the consequence or collateral result OF
the direct exercise of n lawful power II Is
liouor trafiic is as such unoonstitutional, he.
| cause taxation is tho appointed agency for
| raising revenue and revenue can only DO
| provided by taxation upon property accord
| tionnlity, therefore. can only be established
/ hy showing that II Ia lawful to limit directly
| the numhcr of saloons and that nny mode OF
| legal action may be selected by tho Leg sla-
! turc to reach this end, although 1t may pro.
| vldo for II tax which could not thus be levied
for revenue on this or any other traffic. But
| n law TO limit tho number of saloons IL n law
to pormit aud thus 70 license the limited
number, and is directly forbidden by sehed-
foro, that taxation Is no moro admissible
| when sought to bo justified as bcing the In
direct result Of the exercise OF the police
| under the power to tax.
| It Is not ,nicd that, where tho power of
arbitrary xation exists. it may have. & rs It's
| Thus the Federal Government has sup
| pressed tho issue of paper money by state
banks by the levy of tax so high as to mako
| such issue improbable. This was done
| under the power OF taxation not of police.
| II tho General Assembly had tho right ar
| bitrarily TO tax Intoxicating liquors for reye-
nuo. without regard to their value, the traffic
might doubtless be suppressed by sum
ciently high levy. But it ls misuse of Ian.
| guage to treat the revenue as the Indirect
\ result, when IL Is the direct purpose and prl-
| mary effect of the Scott law, and IT would be
a miscarriage of law to Justify taxation
under the police power. when tho direct OK
| erclsc of that power to the same crect is ex-
| pressly forbidden
Under license system u may he plausible,
| IL not fair. to say: "We VIII otter equal op-
portunites to all who may pay tho same IL
censc fee, and II will be the fault or misfor-
tune of the hindmost II he do not make
system of taxation burdens should be Eradu..
uted by protection, by benefits conferred
and enjoyed. Otherwise the true principles
| of taxation are violated and tho word tax is
inappropriate and ought not to be used.
EXper ence does not Indicate that, In q
moral point of view. the effect of the at
tempt to tax. this traffic in Ohio has been
beneficial. The reports of the United States
| Commissioner of Internal Revenue show that
| the number of licensed wholesale and retail
dealers in spirltuouS aud fermcnted liquors
| in Ohio for the year ending April 30, 1879, were
l5,76S; 1881, 15,36l; 1881, l5,l3s. and in 1889,
| l3,495. These include druggists, and, con-
sdcring the increase of popiiatlon. show a
rapid decrease of the traffic during this
period of four years of prosperity.
| The Pond law was passed April ., and held
unconstitutional May 10, 1SS2, and during the
next fiscal year, which ended April 10. 1883,
the number of licensed dealers increased to
| l6,A9. The Scott law was passed April IL,
| lSSi, and during the year ending April 30,
| 1884, the number dminishpd only to l3,TG6 or
27l more than during the year before the
| passage of the Pond law. Under the stimulus
of free trade, the result of the decision that
| the Scott law was unconstitutional. made on
October -, 1884, the number of wholesale and
| 1nn1nrs lIIrInu anlinU
| March ~, 1885,, to l5,497.
| 1t seems TO me that these figures provo
| that the law forbdding sales of liquor to be
drank on the premises, repealed by the Scott
| law, was n more effective police agency than
| taxation. that its enforcement (whcrc practi.
| cable,) coupled with tho agencies of moral
suason, the pulpit and the temperance
| orator were surely dim nishlng the excessive
| consumption of liquors until the date of the
| passage of the Pond law, and that their effect
| has been impaired, not strengthened by the
| resort to taxation, unaccompanied by the
| wholesome and stringent restraints which
| license system Affords
Your attention is directed to the unsatls
| factory condition in which the decisions OF
| the Supreme Court have loft the restraining,
| ninth, tenth and eleventh sections, of the
| Scott law. No one knows whether they were
| essential features of the unconsttutlona
| system, and therefore share the fate of Other
| parts of tho act denounced by the Supreme
| Court as unconstitutional, or whether they
are separable and surviving, ana are now
pealed or re-enactcd.
| PARDONs AND PAROLES.
| advise that the power of parole be LODGED
| in an Independent board, of which the Gov
ernor shall constitute member, and that TIL,
other members shall act US his assistants ant
ndvisersS On the grant of pardons; that thi
board shall hold open sessions at statct
periods, have power to send for persons ant
papers. receive testimony under oath, ant
| be assisted in their deliberations by al
| Ass stant Attorney General to whom prose
cutting attorneys shall be required to rcpor
upon tho merits of each application, an,
who shall represent the States in opposition
to such applications for parole or pardon a
he may be advised Ought not to be granted
| further recommend that no parole he nj
lowed except by the unanimous vote of tn
bonrd, or for causes other than good cor
: duct in the prison. coupled with eNtenuatn
circumstances attending the crime. 1t
Important that paroles be earned, no
LIVE STOCK COMMISSION.
The language of tho act of April 90. 1Ss
lS2 o. Il. l16), defining the powers of thl
board. is vague II provides that "the boar
of commissioners arc authorized to use al
proper means to prevent the spread of dan
gerous AMI fatal diseases among domesti
such dlscases" Whether this authorizes tn
slaughter of animals affected with contagiou
or infectious disease, whether In case of sue
slaugh ter the State must pay for the animal
killed, or for such MS upon autopsy prove t
have been healthy. whether the board ma
quarantine as against those coming int
| tions, which ought to bo settled. With thes
limited and i'll defined powers and sma
means this board has nevertheless accom-
plished much. 1t has among other thing
established beyond all doubt the presen
cattle of Ohio.
RAILROADS AND TELEGRAPHs.
The report of the Commissioner of Raj
roads and Ielegraphs for tho year endin,
June 30, 1855, makes known these facts
to wit:
There are 7,la4.6Ol miles of railroad in Obi
tan increase of 707s9 miles for the year
9tlss's So miles Of standard gauge ant
There are 009I. .907 miles of track In Obi
ian increase for the year of 6.73i miles); o
VIII oh 6,sSos7 miles are single main track
b,3 l5i miles double main track, and l,6SO.72
miles are side track.
There are l,3l9b1O miles of "standnr
gauge" (2l 50 per cent? and 4la.046 miles o
marrow gauge" lj0.T7 per cent,,l MAXIM
1,sl7.556 miles t25.5l per cent of all roads
operated by receivers.
The total amount reported OF capital stocl
paid in was s45s,Nl,dii %; The total fundet
debt reported was s5lna58,ll 50. The mel
nnfunded debt reported was H.lul 9O7. II
The average amount per mile or stock an'
was S6S,2il. III.
There were B.. .s95 ,8tl passengers carried;
decrease of 52,0S}, and the total milenge o
number OF passengers carried one mile wa
l.litbO3.9i3 ian Increase OF l,2tl. .ll8.l mt III
average rute of fare per mile OF 2 ia cents,
decrease of .13g of II cont
at an average rate per ton for each mile o
$50 of a cent, an increase in tonnage of 6s3
2I3 tons and decreasr IN ratio OF i of n cen
The total movement of freight or numbe
of tons carried one mile was 1904 ,3ia,3 ,357; n
Increase OF 4Ol ,a5i,0JI
Tho gross earnings were se8 $50. $50 90: de
crease of S683i, I37 ~. an 4 net earnings wer
S27, oil .d.930; n decrease of S3.b3S 8i4.20
In all cases the directions have been con
Piled with.
Ten telegraph companies doing business 1
Ohio report B,5BI miles of polos and 1854,
miles of wire in this State. These compnnie
report for lines in Ohio and other States Si7
'l1,0jJ27 gross earnings, and 1890, ,52042 ne
earnings.
CANALS.
The annual loss of tolls. which has boe
constant since the State resumed possessio
of the public works, has not been arrested
and shows no signs of abatement The 70
lowing are the results OF the past year mar
agement:
Receipts. Exp'dtri
Miami canal. ...........S 7O.l55 "a SlOiil 1
Ohio canal. ........,,.. 2l,21 % 104,025 9