The Bellefontaine Republican. [volume] (Bellefontaine, Logan County, Ohio) 1855-1905, 1902-07-11
BEAL LAW
Fought Through Highest
Court.
State Brewers Association Starts
Test Case at Cam
bridge.
BEAL LAW

Special Despatch to Commercial Tribune.
Columbus. o, July ST necessary,
the State Brewers Association will
run the entire gsmet of the courts TO
the highest, the United States Supreme
Court, in its effort to knock out the
Beal local option law. That effort WAS
commenced in earnest today with the
making of an arrest at Cambridge.
On evidence that he had sold six
pints Of beer in Cambridge, dry town,
John Lloyd is charged with violation
OF the Beal law. Though arrested at
the instance of the brewers, ex-Repre-
sentative James Joyce, the local attor-
ney for the brewers, will at once seek
his release by habeas corpus proceed
ings. In this way q test case will be
made.
The petition in habeas corpus will be
filed probably with one of the Circuit
Judges OF Guernsey County, though
possibly the petition will be presented
TO one of the Supreme Court Judges.
The petition which Mr.. Joyce will file
constitutes a strong attack on the Bea
| law. IL Is so drawn as to make it pos
sible to carry the test suit TO the Fed
eral Courts. The chief claim made i.
that the Beal law Is in conflict with ths
United States Constitution, which guar
sntees every citizen charged with
crime trial by . jury TO be choseI
from the district within which tn,
crime was committed.
| Crime to Sell Liquor.
To sell liquor Ia now . crime In Cam
, bridge, but not In the rest OF Guernse.
J county, and the crime could not b
/, committed in 30 per cent. of the terri
: tory of the county. Yet the jury ma.
be drawn from residents in any part q
J the county. This point Was raise'
! when the township local option la'
E was tested.
: The Supreme Court, after consider
, ing the case for weeks, held the la'
e good, on the theory that the entir
. that In time 1t might become operativ,
by vote Of the people, in all the towI
y ships Of q county, or even in all th
d townships of the State. 1t was held I
: be 4 conditional law, which, il the COZ
!, Editions were complied with, would
= Operative In all the territory of q couI
d ty, thus covering all tie territory frol
II which the jury in the case had been 81
3 lected, and also by further complianc
y with the conditions would operal
'i uniformly throughout the State, and 1
D conform TO this provision of the Stal
constitution
The petition claims this point cam,
be raised in the present case, as Il
Beal law affects municipalities onl
and il is impossible to conceive Of Il
" State becoming wholly ciriied. Then
fore. il cannot be gsinsayed that Il
jury to try the defendant might
chosen outside OF the district define
" by the law as the only place where Il
VI crime could be committed, and that Il
law never can operate uniform
" throughout the State.
:, Raises Legal Points.
u The petition asserts that the Legisl
!, ture cannot pass local option for citi
and towns. and that under the constit
"a tion the regulation OF the liquor trait
a, Dr its sbolishment is possible only
r, city ordinance.
II, The petition raises the further que
Is ton, viz, that taxpayers outside Of
ne municipality, where law is alleged
ne have taken effect, are obliged TO be
the expense OF the jury and prosecute
and punishment, ard notwithstaniiI
being so taxed the same taxpayers g
II; no benefit from fines and forfeit
n bonds collected, all such revenue t
tb ing paid into the treasury Of the m
70 nicipality.