New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1896-03-27
THE OHIO LIQUOR LAW.
THOMAS MDOUGALL ITS AUTHOR TALkS
OF ITS PROVISIONS.

I'M DECLINES TO CRITIcIsE THE RAINEs LAW
THE OHIO MEASURE DEALS WITH THE
BUSINESS RATHER THAN THE MAN
NO MACHINERY REQUIRED
TO ENFORCE IT.
Thomas McDougall. a prominent lawyer OF I'm
cinnati and the Trainer Of the present hquof "
of Ohio, Is at present in this city Win MS WV
sons A Tribune reporter saw him at the Gilsey
House last night and asked him to compare me
provisions of the Raines bill with those Oh the
blu of which he is the author.
Mr.. McDougan declined 10 say anything that
cou,d he construed as a criticism Of the Raines
BILL but he consented to outline the main FEATURES
of the Ohio law and comparison OF the PROVISIONS
of the two Is a simple consequence
"Erom 1s5l to 1882" said Mr.. McDougal. there
WAS free trade in liquor in Ohio and the STATE re-
caved absolutely no revenue from the sale OF al
coholic drinks inasmuch as the Constitution ioIohoe
the Legislature to prohibit their sale Ii i''I .i.
Pond law was passed. by the provisions OF which
ale and beer could be sold on payment OF an annual
tax of slOO license to sell other liquors cos''"e
5000 Throughout the State this law was soon ue
clared unconstitutional and was succeeded by the
cooo, ,aw which was sustained by Republican
eunreme Court but was decided TO be unconstitu-
tionai a year or two later when the majority per
sonnel OF the court had become Democratic. Inc
Dow law" (Which framed by MI McDousaD
"was adopted in 1886 and is still in force. II ieVied
. uniform annual tax of s25o-uniform because ex-
perience OF the Scott law which distinguished De
tw.er ale and beer had shown that while 1t was IN
.heorv tust and fair practice 1t was very diner
emit For the dealer in ale and beer generaHy hep'
q whskey jug under the counter ana tne ooii
plaints of the men who paid for the privilege OF
selling hard liquor were loud against the men VINO
eold II without paying for IT,
THEORY OF THE OHIO LAW.
has
on the theory the amount Of the tax shouid De
at arst very moderate since 1t was thought that ex
perience Of the operation of the law woud create III
its favor a public sentiment irrespective OF poucs
and that in all legislation, and In liquor ieslsiatio
especially sufficient favorable public sentiment
must exist in order TO make the enforcement OF the
law success. Our experience OF ten years mas
demonstrated the truth of this proposition
last month" continued Mr.. McDougan. 1.-The tax
was raised from $3.50 TO 5000 This increase meets no
opposition of any kind and 1t may probably De lo-
lowed in few years with further increase TO sooo
Each increase being in response TO public sentiment
irrespective Of party the matter is removed from the
domain Of party politics. We have no Excise Board
nor machinery Of any kind for the enforcement OF
the Jaw other than the laws which apply 10 the
collection Of taxes in general
1.-The LIQUOR tax is payable at the same time ana 10
the same treasurer taxes upon personal ana reai
property This YOU see y9d 6se cb
age plays part
DEALING WITH THE BUSINESS.
I'VE deal with the business and not with the man
engaged in the business. Failure to pay the liquor
tax Is not crime II merely carries with 1t per
cent penalty as in the failure to pay other taxes
When the tax is not paid the treasurer sends
wagon and two deputies who take possession OF the
furniture and fixtures of the saloon and sell them
ct auction th nrocesds 81 the sale do not meet the
amount Of the tax. the owner Of the property Is
held responsible for the balance the State holding
property is thus forced in self-protecton to assist
the State In the enforcement Of the laW Another
the tax not being crime. 5uries do not deal with
when the temperance sentiment OF the country
distinguishes between the business and the man en-
opinion; have found the most effective remedy for
TIE evils of the trac which It Is possible to find an In
stroy and the decrease in the number Of saloons
can only be measured by the increase of the tax
property upon which the business is done II should
be observed that the amount OF the tax is solely at
telligent public sentiment demands. With this
other machinery with political power Of blackmai
inquisitorlal or other obnoxious features.
THE Ohio tax system. created in sense OF fair
ness to all parties. the tax being of moderate
amount, unnecessary antagonism and
in reducing greatly the number Of the saloons un-
III 1t has become a PERMANENT part OF the iegisia-
"A CASE UNDER THE OLD EXCISE LAW.
QUESTION OF SCHOOLS USE FOR EDUCATIONAL
PURPOSES ONLY.
Christian Clausen, a saloonkeeper OF No. 1,o2s
Eixth-ave., obtained a writ Of certiorari directing
fhe Excise Commissioners TO review decision
refusing him renewal OF his license The case
was argued before Justice Pryor in the Supreme
Court yesterday 1t involved the question whether
the De La Sale Institute in West Fffty-eghth-st
Is devoted only to educational purposes The IL
cense refused to Clausen on the ground that
his saloon was within 200 feet Of the De La Sale
Institute, the board holding that the latter place
was devoted to the purpose Of education solely.
Samuel Untermyer. for Clausen. acknowledged
that the entrance Of the institute on the north
ode Of Fifty-eighth-st. was within 200 feet OF the
entrance to the saloon. but he declared that the
Institution was only school in part. The place
IS owned by the Christian Brothers," he said.
'They have their headquarters In Paris, and the
branches are scattered over the world The in
sttution in FIfty-eghth-st. Is practically board
tng-house for the members Of the order in this
city, who teach in other schools and pay s+o a
year for their board and lodging. There are at
least Of those rS 20 nOt cn
vents the institution from oe'hs c'asseu DIS
trance ', was on six;h.sve aud the Excise law and
svenue," the license should be granted.
Julius Mayer appearing ror the s bUaaed 90 90
were teachers in the Holy lnnoeents and 81 Al;
phonsus schools, but might any day be transferred
to teach in the Fifty eighth-st building or at any
other OF the branches. He further said that the
0uestion as to the saloons being In the same
Street had already been decided in another case
adversely to Mr.. Untermyer's contention.
Decision was reserved
THE NEW PLUMS OF PATRONAGE.
MEN TALKED OF FOR STATE EXCISE COMMITS
SIONER.
Albany, March 26.-The State Commissioner OF
rxc,ss shall be appointed by Governor Nor
u I'M " h.