The Ohio Democrat. (Logan, O. [Ohio]) 1886-1906, 1889-02-23
LOCAL PROHIBITION.
The Election in Falls TIP,
Declared Void by
Judge Slough.
History of Case and Syllabus
Ofthe Dicisi0n

| vi IhC DtCistVh
State VS.. John Nutter, for sell.
ing intoxicating liquors contrary
to law.
This was a case arising under the
township local prohibition law
The case was heard on demurrer
on Wednesday.
The case is a peculiar one in this
to wit.
The record of the TIP. Clerk dis.
closes that at a meeting of the
trustees of Falls Township held on
June 3Oth., 1888, they received the
petition presented asking that the
question of local prohibition be sub
mitted to the qualified voters of the
township The record further dis
closes that the Board found the
petitions, "gotton up according to
law" but the record does not show
atfirmatively that the petition had
been signed by one fourth the whole
number of electors in the township.
The board of trustees ordered an
election to be held in the two pre-
cincts of the township on the 14th.
day of July 1888. Afterward the
vote at the said election was found
to be in favor of prohibiting the
sale by majority of one.
The Indictment in this case is
for the violation of the provisions
of the Local Prohibition law.
The demurrer raises all ques-
tions in reference to the validity
of the election, and all other legal
questions.
The defendant denies:
lst. That the action of the town.
ship trustees in the matter of order
ing said election in that no war
ran issued to a constable, is post
notices of the holding Of said cleo
ton, no twenty days before the
date Of said election, nor did
constable post any notices, and no
return of the posting of notices
for said election, wasever made to
the township clerkor trustees.
End. That the said Falls town.
ship is divided into two election
precincts and that the law requires
that Is days notice of a municipal
election be given, and at said al
legged election, if any notice was
given, it was for much shorter
time than fifteen days.
Sd. That Robert Davy one Of the
judges, and David NJ. OHare one
of the Clerks at said election in
Falls township precinct were not
electors at said election.
4th That no record of the result
of said election was made till
long after the date of the
holding of said election, and long
after the expiration of so days after
the holding of said electiony The
case was argued by counsel Lowry
for State, Wright G. Buerhaus for
Defendant.
The Court held.
1st. This indictment Is for SELL
ing liquors in violation OF the
local prohibition law, which was
passed March 1888, and is a penal
statute and must be strictly con-
strued.
I'd. The law requires 15 days no.
tice in any divided township to
hold a municipal election, but in
the case at bar the notices issued
on June 80, 1883 and the election
occurred on July 14th. 1883 and in
Guiding the first day only IA days
notice was given and this notice
was insufficient in law.
Sd. The fact the Messrs Davey
and O'Hare has not the legal quail
ifications of electors their serv-
ing as a Judge and clerk at the said
election so held in Falls township
precinct was unauthorized by the
laws of the State and can not be
cured by the law relating to de
facto officers, and others acting as
such officers and renders the elec-
tion void.
4th. The record Of the result OF
the vote at such election by the
township Clerk in the record of the
acts of the trustees, constitutes an
important part of the proceedings
and is an imperatively necessary
part of the evidence in the prose-
cutiOn of every case of violation OF
the said law, and such record must
be made by the clerk within a
a reasonable time after said election
and at least within thirty days
after the holding of the same.
For the saveral reasons set forth