Scheu v. State

Citations

• 83 Ohio St. (N.S.) 146

Syllabus

<p>Sale of intoxicating liquors by manufacturer — In quantities of one gallon or more — Unlawful in “dry” county — Act of March 5, 1908 (99 O. L., 35) — Construction of act — Section 4364-16, Revised Statutes — Dow-Aikin tax law — Regulation of liquor traffic.</p> <p>1. From and after thirty days from the time a majority of the electors of a county have legally voted in favor of prohibiting the sale of intoxicating liquors as a beverage within the limits of such county, as is authorized by the provisions of “An act further to provide against the evils resulting from the traffic in intoxicating liquors by providing for local option in counties,” passed March 5, 1908 (99 O. L., 35), it is unlawful for any person, personally, or by agent, in said county, to sell, furnish or give away intoxicating liquors to be used as a beverage, except as permitted by section three (3) of said act; and the prohibition under said act extends to and includes the sale, furnishing or giving away of intoxicating liquors in the county at the manufactory by the manufacturer, or by his agent, to be used as a beverage, although the sale be “in quantities of one gallon or more at any one time.”</p> <p>2. In construing the provisions of said act, the court is not authorized to interpolate! as a part thereof to affect the meaning and application of said act, the exceptions contained in section 4364-16, Revised Statutes (Bates'), known otherwise as section eight (8) of the Dow-Aikin tax law.</p>