USA > Ohio > History of Ohio; the rise and progress of an American state, Volume Four > Part 34
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Third. The authority conferred upon councils of municipal corporations to regulate, restrain and pro- hibit tippling places, from 1852 to 1902.
Fourth. The taxation of the liquor traffic, beginning in 1882.
Fifth. Local option, inaugurated in 1888.
Sixth. Legislation prohibiting the sale of intoxi- cating liquors on Sunday.
To these may be supplemented a class of general legislation applicable to all these subdivisions, and having for its object the proper and rigid enforcement of the law.
It was the policy of the Northwest Territory to regu- late the liquor traffic by license. The statutes of the Territory, in the beginning of the Territorial Govern- ment, were not enacted by a legislative body. The Ordinance of 1787, which provided for the government
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THE RISE AND PROGRESS
of the Territory Northwest of the River Ohio, entrusted to the Governor and the three judges the power and imposed upon them the duty, in the interval between their appointment and the election of the first Terri- torial Legislature, of adopting and publishing such laws, both civil and criminal, as might be "best suited to the circumstances of the district." That interval lasted from the date of the appointment of the Governor and judges, October 5, 1787, until the meeting of the first Territorial Legislature, February 4, 1799, a period of more than eleven years.
The first liquor license law was adopted by Judges Symmes and Turner, and Winthrop Sargent, Secretary of the Territory, acting as Governor, August 1, 1792. (I Chase's Stat. 114.) The Governor was required to appoint one or more commissioners for each county, whose function it was to grant licenses. The license commissioners had authority to license as inn and tavern keepers, and also retailers of spirituous liquors, such persons as the justices of the General Quarter Sessions of the Peace, in their wisdom, deemed well qualified in person and character, well provided in accommoda- tion and well situate in point of residence, for the accommodation of travelers and citizens, and the con- venience, comfort and use of the public.
The term of the license was one year and the license fee was sixteen dollars, for the use of the county. The licensee was required to display on a sign, outside his place of business, his name, his business and the legend, "by authority a tavern," or "by authority a retailer," as the case might be. If a licensed inn or tavern keeper neglected to perform his duty in providing good and
GEORGE HUNT PENDLETON
Born in Cincinnati, July 25, 1825; admitted to the bar, 1847; member of the State Senate, 1854-55; member of Congress, 1857-65; Democratic candidate for Vice-Presi- dent, 1864; United States Senator, 1879-85; Minister to Germany, 1885-89; died in Brussels, Belgium, November 24, 1889.
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THE RISE AND PROGRES
of the Territomohmrabestuurholors Ohio, entrust to theident ot portimbs dasdieas kinte ifsulgnis ilmodower an
. imposed dipon tm. the duty, the interval betwee their appointmentme seraitof pokerhat Ter
Q88ITAS laws, both civil and criminal, as might be best suit to the circumstances of the district." That interv lasted from the date of the appointment of the Govern and judges, October 5, 1787, until the meeting of the first Territorial Legislature, February 4, 1799, a perio of more than eleven years.
The first liquor license law was adopted by Judge Symmes and Turner, and Winthrop Sargent, Secretar of the Territory, acting as Governor, August 1, 1792 (I Chase's Stat. 114.) The Governor was required 1 appoint one or more commissioners for each county whose function it was to grant licenses. The license commissioners had authority to license as inn and tavern keepers, and also retailers of spirituous liquors, such persons as the justices of the General Quarter Session of the Peace, in their wisdom, deemed well qualifier in person and character, well provided in accommod tion and well situate in point of residence, for th accommodation of travelers and citizens, and the com venience, comfort and use of the public.
The term of the license was one year and the license fee was sixteen dollars, for the use of the county. Th licensee was required to display on a sign, outside hu place of business, his name, his business and the legend. "by authority a tavern," or "by authority a retailer, as the case might be. If a licensed inn or tavern keep neglected to perform his duty in providing good ax
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OF AN AMERICAN STATE
wholesome food for man and beast, and keep liquors of a good and salutary quality, and suitable lodgings for guests in a reasonable and proper manner accord- ing to the common usage and custom of well kept taverns in an inland country, or if an innkeeper or retailer permitted any evil practice or gambling, his license might be revoked, upon complaint, at the next Quarter Sessions.
The innkeeper or retailer could not maintain an action for more than two dollars to recover for liquors furnished in quantities of less than one quart, against any person living within five miles. If the amount of the claim or demand exceeded two dollars, a non-suit was entered which operated as a release and forfeiture of the excess.
The penalty for selling wine, brandy, rum, geneva whiskey or ardent spirits, in a less quantity than one quart and that delivered and carried away from the place of sale all in one vessel so that it be not drank at the place of sale, without a license, was five dollars for each offense, one-half of which went to the informer if proved by the testimony of a third person.
The fees of the justices for recommending the license was one dollar, which might be paid in Indian corn at the rate of one quart of corn for each cent. (I Chase's Stat. 135, 137.)
Another license law was adopted, at Cincinnati, by Governor St. Clair and Judges Symmes and Turner, June 17, 1795 (I Chase's Stat. 165), taken from the statutes of Pennsylvania, "to license and regulate taverns. "
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THE RISE AND PROGRESS
Its purpose was stated to be for "preventing disorders and the mischiefs that may happen by multiplicity of public houses of entertainment."
The license was issued by the Governor of the Terri- tory upon recommendation of the justices in their courts of General Quarter Sessions of the Peace. Before the recommendation was made by the justices, the applicant was required to give bond in not exceed- ing three hundred dollars that he would at all times be of good behavior and observe all the laws relating to innkeepers and tavern keepers in the Territory, includ- ing the requirement to provide and furnish good enter- tainment and accommodation for man and horse. There were penalties against keeping a public inn, tavern, ale-house or dram shop, or public house of entertainment, without a license; for suffering any disorder, drunkenness or unlawful games; for receiving, harboring or trusting any minor under the age of twenty- one years, or any servant. A third conviction resulted in a revocation of the license and incapacity thereafter to keep a public house or inn.
Credit was not to be extended to any person for liquors sold at retail, beyond the sum of three dollars, and no recovery could be had in excess of that amount. The annual license fee was sixteen dollars, four dollars of which went to the Governor.
The first Territorial General Assembly convened at Cincinnati, September 16, 1799, and thereupon the legislative powers of the Governor and judges, under the Ordinance, terminated.
On December 6, 1800, the Legislature passed an act (I Chase's Stat. 293), entitled "an act to establish and
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OF AN AMERICAN STATE
regulate taverns and public houses of entertainment," and the license law of June 17, 1795, was repealed.
It differed from the former law in a number of im- portant respects. The justices of the Court of General Quarter Sessions of the Peace, instead of the Governor, were authorized, "if in their opinion the applicant be a fit person and that the convenience and necessity of the public require it, and not otherwise," and then only upon recommendation of twelve freeholders of the county, to grant a license to keep an inn, tavern or public house of entertainment, for a period of one year.
It provided that whoever, without a license, sold any wine, rum, brandy, whiskey or other spirits, or strong water, by less quantity than one quart, or any cider of less quantity than one gallon, upon indictment and conviction be fined twenty dollars. If a licensed person suffered any disorders, drunkenness or reveling, he was liable to a penalty of eight dollars for the first offense and for the second offense his license was required to be revoked. If he continued his house after such revocation, the penalty was three dollars for each day of the offending. If he knowingly permitted any kind of betting or gaming for money or other thing, he was subject to a forfeiture of twenty dollars, his license was declared null and void and the offender rendered incap- able of being again licensed as a public housekeeper for one year thereafter. There was a forfeiture of ten dollars for receiving, harboring, entertaining or trusting any minor under the age of twenty-one years, or any servant, knowing them to be such.
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THE RISE AND PROGRESS
Tavern and innkeepers were required to provide and furnish good entertainment for man and horse, under penalty of five dollars for the first offense and eight dollars for every succeeding offense.
The license fees, in addition to the court costs, were four, eight or twelve dollars, at the discretion of the justices issuing the license, who were required to pay special attention to the circumstances of the place where the public house was intended to be kept, by estimating the probable advantage that might arise to the applicant and the utility which the public might derive from the establishment; but no discrimination was permitted between the prices of licenses granted to persons living in the same city, borough, town or village.
These were the only acts adopted upon the subject under consideration at the second stage of the Terri- torial Government.
The Constitution was adopted in 1802, and on March 1, 1803, Ohio attained to statehood, and on this date the first General Assembly of the State met at Chillicothe.
On February 1, 1805 (I Chase's Stat. 467), an act was passed which provided that no person should be permitted to keep a tavern, or sell, barter or deliver, for money or other article of value, any wine, rum, whiskey, or other spirits or strong drink, by less quan- tity than one gallon, without a license obtained from the associate judges of the county, or a permit from the clerk thereof in the recess of the court, on applica- tion by petition of twelve householders of the townhsip and of the neighborhood; and the applicant was
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OF AN AMERICAN STATE
required to advertise his intention to make the appli- cation in three of the most public places in the township at least thirty days, and keep an advertisement of the same on the courthouse door, during the first two days of the term of court. The licenses were issued for the period of one year.
The county commissioners were required, at their annual meeting in June, to fix the price of tavern licenses, which were not to be less than four or more than twelve dollars, and have special regard to the situation and circumstances of the place, the probable advantage that might arise to the person licensed and the utility to the public, but no discrimination was permitted between persons in the same city, borough, town or village, or on the same road through a town- ship.
Every licensed tavern keeper was required to pro- vide and furnish good, suitable entertainment and accommodation for man and horse, under liability in damages not exceeding ten dollars, but he was not required to entertain any person in the neighborhood whose situation was not such as reasonably to require entertainment.
If the licensee knowingly permitted any sporting or rioting on his premises, on the Sabbath, or at any time permitted any gaming or betting, or suffered any dis- orders, reveling or drunkenness, he was subject to a fine not exceeding twenty dollars, and his license there- upon became void and the offender rendered incapable of being again licensed for one year thereafter.
The tavern license law was reenacted February 8, 1810 (I Chase's Stat. 668), the only substantial change
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THE RISE AND PROGRESS
from the former act on the subject, of February I, 1805, being in transferring the power to issue the licenses from the associate judges to the Court of Common Pleas.
On January 5, 1819 (2 Chase's Stat. 1046), the license law was again revised and reenacted. It provided that all applications to license taverns should be made to the Court of Common Pleas of the county. The applicant was required to produce a recommenda- tion, in writing, subscribed by twelve or more reputable landowners, residing in the neighborhood, that the applicant was a suitable person. Upon the applica- tion and recommendation having been read in open court, and no objection being made thereto, and the court being satisfied of the truth of the facts alleged, the license was required to be issued, for the term of one year, upon the payment of the license fee, to be fixed by the court at a sum not less than five dollars or more than thirty dollars.
No person could be licensed to keep a tavern within the limits of any town, or within two miles thereof, unless he made it appear to the satisfaction of the court that he was provided with a good house, con- taining at least four rooms and three fireplaces, and furnished with at least four beds, and that he was provided with a good stable, divided into at least six stalls.
It was unlawful for a tavern keeper to sell upon credit, to any person resident of the county, or within ten miles of his tavern, liquor of any kind to a greater amount than fifty cents, and he could not recover a greater amount in a suit against such person, but that provi-
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OF AN AMERICAN STATE
sion did not apply to a distiller or storekeeper. Jus- tices of the peace were prohibited from holding their courts at a tavern, and a tavern keeper who permitted such holding of the court was liable to a penalty not exceeding twenty dollars. If the tavern keeper per- mitted or allowed any rioting, reveling or drunkenness in or about his house, he was subject to a penalty not exceeding fifty dollars and a suspension of his license for the period of four months.
If a person other than a tavern keeper sold or retailed any kind of spirituous liquors to be drank at the place where sold, he was liable to a penalty of twenty dollars. The act provided that it should not be construed to deprive any incorporated town of the privilege of licens- ing taverns conformably to its charter, but such licenses were required to be recommended and provided as prescribed in the act.
The tavern license law was again revised and reenacted, February 25, 1820 (2 Chase's Stat. 1141), the changes in the act of 1819 being the requirement of thirty days' notice of intention to make application for a license, by advertisement in three of the most public places in the township, the prevention of sales of liquor in less quantity than one quart by persons other than licensed tavern keepers, and the omission of the provision relating to extension of credit to cus- tomers.
On February 6, 1824 (2 Chase's Stat. 1427), the tavern license fee was changed to a sum not less than five dollars or more than forty dollars, and a license, once granted, upon expiration, could be renewed with- out notice or petition.
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THE RISE AND PROGRESS
On January 28, 1829 (3 Chase's Stat. 1617), an act was passed providing for the licensing of grocers, who were permitted to retail spirituous liquors. The methods of application for and granting the license were similar to those provided with respect to tavern keepers. The license fee was from five to fifty dollars.
On March 3, 1831 (3 Chase's Stat. 1825), the law relating to tavern licenses was again revised and reenacted. It provided that no person should keep a tavern without a license from the Court of Common . Pleas of the proper county. Applications were required to be in writing, signed by the applicant, stating the place where the tavern was proposed to be kept. The applicant was required to produce satisfactory evidence that he had given twenty days' previous notice, by advertisement set up in three of the most public places in the township or neighborhood of his intended appli- cation.
The court was authorized to grant the license upon being satisfied that the required notice had been given and by the testimony of one or more credible witnesses, present in court, that the tavern was necessary at the place, for the public convenience, that the applicant sustained a good moral character, was provided with suitable accommodations and was a suitable person to keep the same.
If ten or more reputable freeholders of the neighbor- hood protested, in writing, against granting the license, stating therein the reason why, in their opinion, the license should not be granted, a hearing was had, pro- cess being issued for the attendance of witnesses. The court thereupon passed upon the matter and either
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OF AN AMERICAN STATE
granted the license or renewal or refused the same. If the license was allowed, the county paid the costs of the hearing, otherwise they fell on the applicant.
The court fixed the license fee at not less than five dollars or more than forty dollars, having regard to the applicant's situation for business. The same for- malities applied with respect to renewals, except that the notice was dispensed with. The license was forfeited, not to be renewed for the space of twelve months, upon conviction of the tavern keeper for having per- mitted or allowed any rioting, reveling, gambling, intoxication or drunkenness in or about his premises. And the grocers' license act of 1829 was repealed.
On February 25, 1833 (3 Chase's Stat. 1936), the tavern license law was so amended as to permit the granting of a license to a tavern keeper to keep a tavern without authority to retail ardent spirits, the license fee being fixed at not less than two or more than twenty dollars. This act was popularly known as the "dry license" law.
An act explaining and defining the meaning of the license act of 1831 was passed February 24, 1834 (I Curwen's Stat. 121), which provided that no person, except persons who might reside in cities, towns or villages, or within one mile thereof, should be deemed or held to be the keeper of a tavern, unless such person kept liquors for the purpose of sale, barter or to be offered gratuitously, to any person resorting to such house.
The fact that the judges of the Supreme Court of the State, in the case of Curtis vs. State (5 Ohio Rep. 324), had been equally divided in opinion on the
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THE RISE AND PROGRESS
question whether a public house of entertainment in which no liquor was kept was a tavern, is supposed to have led to the foregoing enactment.
On February 17, 1836 (I Curwen's Stat. 159), the penalty for a tavern keeper permitting any kind of rioting or reveling, intoxication or drunkenness in his house or on his premises, was increased to a sum not to exceed one hundred dollars, and upon conviction thereof his license was forfeited, not to be renewed for the space of one year.
An act passed March 15, 1839 (I Curwen's Stat. 548), confined the sale of spirituous liquors by tavern keepers to the common bar of the tavern, and if sales were made in the basement or in any other room of the building, the tavern keeper was liable to the same penalties as though he had no license.
On March 7, 1842 (2 Curwen's Stat. 899), the power conferred by their charters, or otherwise, upon all cities, boroughs, and villages in the State, to license grocery or coffee houses, or in any manner to authorize the retailing of spirituous or intoxicating liquors, or to license any house of public entertainment, was taken away and repealed.
An act was passed February 2, 1845 (2 Curwen's Stat. 1076), authorizing the court to refuse a petition to license a tavern, whether the same be remonstrated against or not.
The license system for the retailing of spirituous liquors, which had been the legislative policy for almost sixty years, came to an end upon the adoption of the Constitution of 1851. For much the greater part of that period the sole retailer was the licensed tavern keeper.
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OF AN AMERICAN STATE
When the instrument formulated by the delegates to the Constitutional Convention of 1851 was submitted to the electors for adoption or rejection, at an election held on the third Tuesday of June, 1851, an additional section was separately submitted, which, if adopted, was to become a part of the Constitution. That sec- tion was as follows:
"No license to traffic in intoxicating liquors shall here- after be granted in this State; but the General Assembly may, by law, provide against evils resulting therefrom."
The election on that proposition resulted:
License to sell intoxicating liquors, no. 113,237
License to sell intoxicating liquors, yes. 104,255
Majority against license. 8,983
So the section was adopted and became a part of the Constitution.
The question of calling a Convention to revise, alter or amend the Constitution having been auto- matically submitted, in 1871, to the electors, as pro- vided by the Constitution of 1851, and having been carried in the affirmative, delegates were elected thereto who convened at Columbus in May, 1873, and after some months of deliberation adjourned to Cincinnati and completed their labors in May, 1874. The new instrument was submitted for the ratification or rejec- tion of the people at a special election held August 18, 1874.
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THE RISE AND PROGRESS
With it were submitted a number of propositions to be voted on separately, among which were the following:
FOR LICENSE
"License to traffic in spirituous, vinous or malt liquors, under such regulations as shall be prescribed by law, may be granted; but this section shall not prevent the General Assembly from passing laws to restrict such traffic, and to compensate injuries resulting therefrom."
AGAINST LICENSE
"No license to traffic in intoxicating liquors shall be granted; but the General Assembly may, by law, restrain or prohibit such traffic, or provide against evils resulting therefrom. "
The vote on these propositions was as follows:
Against license. 179,538
For license 172,252
Majority against license 7,286
The submitted Constitution itself failed of the neces- sary majority of votes.
At the general election held on the second Tuesday of October, 1883, two propositions to amend the Con- stitution, relating to the traffic in intoxicating liquors, were submitted for adoption or rejection by the elec- tors. They were:
REGULATION AND TAXATION OF THE LIQUOR TRAFFIC
"The General Assembly shall regulate the traffic in intoxicating liquors so as to provide against evils resulting therefrom; and its power to levy taxes or assessments thereon is not limited by any provision of this Constitu- tion. "
CALVIN STEWART BRICE
Born in Denmark, Ohio, September 17, 1845; graduated from Miami University; served in the army a year during the Civil War; admitted to the bar, but devoted his ener- gies principally to financial affairs; elected chairman of the Democratic National Committee, 1888; United States Senator, 1891-97; died in New York City, December 15, 1898.
-
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THE RISE AND PROGRESS
With it were mamakware nwaksr of proposition
followamitub IS9Y s Os oft ni bov192 ; yfizrovinU imsiM mort
-tone aid betover tud and out of bettimbs ; Is W livin ont FOR LICENSE of yllsqioniq zorg to msmisdo botoole ;21isfts Istonshift
.8081 , may be granted; but this section shall not prevent the General Assembly from passing laws to restrict such traffic, and to compensate injuries resulting therefrom."
AGAINST LICENSE
"No license to traffic in intoxicating liquors shall be granted; but the General Assembly may, by law, restrain or prohibit such traffic, or provide against evils resulting therefrom. "
The vote on these propositions was as follows:
Against license. 179,538
For license. 172,252
Majority against license 7,286
The submitted Constitution itself failed of the neces- sary majority of votes.
At the general election held on the second Tuesday of October, 1883, two propositions to amend the Con- stitution, relating to the traffic in intoxicating liquors were submitted for adoption or rejection by the elec tors. They were:
REGULATION AND TAXATION OF THE LIQUOR TRAFFIC
"The General Assembly shall regulate the traffic in intoxicating liquors so as to provide against evils resulting therefrom; and its power to levy taxes or assessments thereon is not limited by any provision of this Constitu- tion. "
22. Sargent
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OF AN AMERICAN STATE
PROHIBITION OF INTOXICATING LIQUORS
"The manufacture of and the traffic in intoxicating liquors to be used as a beverage are forever prohibited; and the General Assembly shall provide by law for the en- forcement of this provision."
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