Otte v. State

Citations

• 19 Ohio C.C. Dec. 203
• 9 Ohio C.C. (n.s.) 293
• 1907 Ohio Misc. LEXIS 207

Syllabus

<p>INTOXICATING LIQUORS — JONES LAW.</p> <p>Haynes, Parker and Wildman, JJ.</p> <p>1. Jones Law not an Abuse of the Power of the Legislature to Legislate Concerning the Liquor Traffic.</p> <p>The legislature, in the exercise of its power to provide against the evils resulting from trafficking in intoxicating liquors, is subject to no limitation thereof except that no license therefor shall be granted. Hence, act 98 O. L. 68 (Lan. 7283a; B. 4364-30a) et seq., the Jones residence district local option law, is not an abuse of that broad power in that it permits a proportion, even if it be less than a majority, of the electors of a prescribed district, to obtain an expression by petition instead of by vote, as to prohibiting the traffic of intoxicating liquors therein; since the legislature might, without qualification, enact prohibitory legis-. lation as to defined territories in municipalities in which certain proportions of blocks or structures are occupied for residence and not business purposes.</p> <p>[For other cases in point, see 5 Cyc. Dig., “Intoxicating Liquors,” §§ 11-32. —Ed.]</p> <p>2. Majority of Electors Means a Number Equal to Majority at Last Regular Municipal Election.</p> <p>The clauses of Secs. 3 and 4 of act 98 O. L. 69 (Lan. 7283c, 7283d; B. 4364-30c, 4364-30d) declaring a petition sufficient “when it is signed by as many qualified electors as equal a majority in number of the votes cast at the last regular municipal election in such residence district” provide the way for ascertaining approximately the number of voters in a district and control' thb clauses in Secs. 1 and 2 thereof requiring “a majority of the electors,” and a petition signed by electors equal to a majority of the votes cast at the last regular municipal election, although not a majority of those residing in the district at the time of obtaining signatures, is sufficient.</p> <p>[For other cases in point, see 5 Cyc. Dig., “Intoxicating Liquors,” §§ 149-172. — Ed.]</p> <p>3. Opera