The Marion daily mirror. (Marion, Ohio) 1892-1912, 1909-06-02
ASTRONOMICAL EVENTS.
FLUSHING THE QUARRY

The other day the Urbana polics
arrested several persons because 1t
was suspected that they had been
violating the Rose law through the
sale of liquor. 1t subsequently de
veloped when the case was tried be-
fore Judge Middleton that there had
been no actual violation of the let
ter OF the law although liquor was
found In the possession OF those ar
rested. Some new propositions came
up before Judge Middleton which he
~aJ compelled to decide with no pre-
cedent to guide him. This is one OF
the peculiar features arising from
the working of the prohibitory law
1t brings forth a number of new
questions that have to be decided by
judges, and judges being but men
their opinions are very liable to diff
Aci uidtclidily
1t is curious matter that the
Mayor OF Urbana should make such
a mistake about the Rose law as to
suppose a citizen could not lawfully
buy liquor or beer in some wet place
like Sidney, which has neither the
fear of God nor the inhibitions of the
local option law to restrain 1t from
the retail traffic in intoxicating
liquors, and then lug such fire waters
home with him. And 1t is certainly
somewhat Of license of the use OF
words to give to jug or bottle the
attributes of a vehicle" So far as
these decisions of Judge Middleton
are concerned they certainly are
technically and legally correct. That
those parties arrested at Urbana
contemplated an Illegal use OF the
wet goods in question may be a
strong probability but it is quite evil
dent that before case could be made
some real and apparent infraction OF
the statute would be necessary. SO
long as men keep within the pale OF
statutory limitations they must go
acquit OF moral turpitude however
certain we may be morally that they
contemplate in the final disposition
of their goods the breaking OF the
statutes made and provided. That
many temperance men will criticise
the higher court for annulling such
decisions as the Mayor made and
throwing out these cases is prob
able but that level-headed and judi
cial minded men will do so no one
will believe.
The Urbana cases decided by Judge
Middleton were so plain that there
will likely be no appeal. Parties
had purchased liquor in wet terri
tory and while transporting 1t to
their homes or places where they had
a legal right to take 1t were ar
rested. Now the Rose law does not
inhdbit the buying of liquor in wei
territory nor the taking 1t, by the
owner, into dry territory And
hence those parties had not broken
the law. The character of those
parties. In one case at least, was
such as TO make 1t easy to believe
that in the final disposition of the
goods they would likely engage IN
the Inhibited traftic but the officers
were too previous in their arrests
and thus flushed the game ahead OF
any criminal transaction. And this
III goes TO show that there are GER
tain rights OF citizens. under the
Rose law, certain things which can
be done. legally. and then certain
Ehings which cannot be done within
he pale OF the statute, and it be-
nooyes our officials TO be wise and
iiscrset In drawing the line against
lj>eality at the proper place. NoI
,mcial should take the position that
,e can be above the law and refuse
p make good his oath OF ofiice. mol
IN who respects our institution will
NJ % play at the game of anarchy.
= too many great and i'm