The Brookhaven leader., 1891-02-12
AN ADDRESS
To the Prohibitionists of Mis-
sissippi.

MERIDIAN, Miss, Feb. 9, 1891.
| desire to- call attention to the i'm
mediate effects of the new Constitu-
ton on the cause Of Prohibition in our
State, both under the local option
/ law and the old petition law.
/. There can be no local option
election till there is a new rcgistra-
ton, and not then until months have
elapsed after said new registration.
And as there can be no local option
election within 60 days of a general
election, aud there is to be a general
election in November, it is hardly pos
sible to have any local option elections
this year.
2. In counties where no local option
elections have ever been held, the old
petition law obtains. This requires
the saloonist to secure petition sign
ed by n majority of all the voters
qualified to vote for members of the
Legislature. in the town or supervi-
sor's district where license is
sought to be obtained. Under the
new Constitution there are no quail
fled voters till n new registration is
had, and, therefore, no lawful petition
can be secured. This works an estOp-
pei in all nOn-local option counties.
call special attention to this point.
A majority petition of voters under
the old registration is worth nothing
in law. PrOhibitionists in many
places can close up the saloons for the
time being if they will insist on the
observance of the law, and be in bet
ter position to fight the traffic when
the time comes round for an election
under the new Constitution. Under a
decision of the Supreme Court just
rendered wv. II. Perkins ct al va. NJ.
V. b. Ledbetter) in all counties oper-
ating under the old petition law, it is
not obligatory upon boards of super
visors and municipal boards to grant
license even though petitioned to do
so by majority of the legal voters.
In the language of the court: "They
have power to grant license, if ma
jority of the legal voters are actively
in favor of it, and say so, in the man.
ner prescribed, but are not compella-
bic to do it. In the exercise of their
discretion they may withstand the
pressure of universal desire for retail
ing"
Thus i'm counties where no local OPP
ton election has been held, such
boards have the final settlement of the
question exclusively in their own
hands.
would also remind Prohibitionists
that they have reserved the right of
counter petition in counties where To-
cal option elections have alseady been
held. For instance, if county has
voted in favor of license, before any
license can issue, the applicant must
file his application endorsed by 25 real
estate owners living in the supervi-
sor's district or municipality where the
license is sought to be obtained. 1t
must then lie over at least 80 days be-
fore final action can be taken thereon,
aud during these 80 days if a counter
petition is presented signed by ma
jority of the qualified voters of the
supervisors district or municipality,
as the case may be, no license can be
legally granted.
Again, I would call yonr attention
to the law passed by the Legislature
of 1890, entitled, Gan Act to secure
the benefits of Prohibition to cOun-
ties and municipal corporations in
this State when the sale of intoxicat-
ing liquors is prohibited by law"
Under this Act it is made unlawful
for any person to act as an agent or to
be the assistant of either seller or
purchaser in effecting the purchase or
sale of liquor in prohibition territory,
or to solicit orders for the sale thereof,
whether to be delivered in or out of
this State; provided, the parties, or
either of them, contemplate that such
liquor is to be thence transported into
such Prohibition territory.
Prohibition, in spirit and intent, is
in close sympathy with law. 1t is our
true policy to compel saloon men to
stand by the law. l call on all the
friends of Prohibition to be alert and
firm at this important juncture in
public affairs.
j. B. GAMBRELL,
Chairman Executive Committee of
State Prohibition Convention.
(All State papers please copy.)