Summary
In Gabriel Bldg. Co. v. State ex rel. Birrell (1932), 125 Ohio St. 642, 186 N.E. 5, we upheld similar closure provisions against federal constitutional challenges.
Summary of this case from Pizza v. RezcallahOpinion
No. 23590
Decided June 15, 1932.
Criminal law — Intoxicating liquors — Padlock law constitutional — Section 13195-1, General Code.
ERROR to the Court of Appeals of Trumbull county.
Mr. William M. McLain, for plaintiffs in error.
Mr. G.H. Birrell, prosecuting attorney, for defendant in error.
The sole question for determination in this case is whether Section 13195-1, General Code, known as the "Padlock Act," is constitutional. The Ohio statute above referred to is so nearly identical with the national prohibition law on the same subject that we are constrained to follow the decisions of the United States Supreme Court which have declared the national law to be constitutional. Mugler v. Kansas, 123 U.S. 623; Lewisohn v. United States, 258 U.S. 630; Grossfield v. United States, 276 U.S. 494.
The petition in error will therefore be dismissed.
Petition in error dismissed.
MARSHALL, C.J., JONES, MATTHIAS, DAY, ALEEN, KINKADE and STEPHENSON, JJ., concur.