Mississippi leader. (Jackson, Miss.) 1892-1895, 1895-07-30
LIQUOR MEN ACTIVE.

y LIQUOR MEN ACTIVE.
In the mandamus proceedings to
compel the city clerk to file petition
for liquor license, and which he refus
ed to file, because of the local option
election in Kinds county, this question
is raised among others: That the dram
shop chapter of the Code of 1892 re-
quires that an official ballot shall be
used, and that the requirements of the
chapter of the code on registration
and elections shall be complied with as
far as applicable, and that the ballots
shall conform to all the requirements
of law, and shall read ''for the sale
and against the SALE" and that an of
fetal ballot is created and defined by
the election ordinance of the constitu-
ton, which, by the way, is omitted
from the code, to be that whenever
the question of constitutional amend
ment. or other question or matter ad-
hitting of an affirmative or negative
vote, is submitted to vote of the cleo
tors, such amendment, question or
matter shall be printed on said official
candidates, if any, and also the words
yea and nay, to be arranged by the
proper officer, so that the voter can
intelligently vote his preference, by
making a cross mark opposite the word
indicating his preference and also
that the voter shall make .'likewise a
cross opposite the answer he desires
to give in case of an election on con-
stitutional amendment, or other ques-
ton or NATTER" and that mo ballot,
not provided in accordance with this
ordinance shall be deposited or count
ed"
The petition AYERS that the only
words put on the ballot were ''for the
sale" against the SALE and that such
a ballot is not an official ballot within
the meaning of the ordinance, and
could not be received or counted, and
hence there could be no election held
by the use of this unconstitutional
ballot.
The petition was demurred to and
the demurrer was sustained by the
circuit court, and an appeal has been
taken to the supreme court.
The supreme court has held that the
qualified electors" and illegal votes
mentioned in the dramshop chapter
are the electors and votes prescribed
by the constitution.
The main contention on demurrer
was that the commissioners of election
were the sole judges of what constitut-
ed a ballot, and as they had determin-
ed from the ballots cast that the result
was against the sale, this judgment
could not be collaterally attacked
The attorneys in this case are Messrs.
Calhoon and Green for the petition
and Mr. G. M. Williamson for the de-
PENDANT.
The outcome of this case is being
watched with unusual interest, for the
reason that it practically involves eve
ry election held in the State under the
dramshop chapter of the code
The supreme court will decide the
case in October.
a gentleman who has recently been
over the State says that the whisky
men have taken advantage of the free
silver agitation to do a little political
work on their own account. That in
many places they have seen to it that
men of their liking have been nomi-
mated to the legislature, and that the
scheme is to change the law so that Ii
quor licenses may be had by a secret
ballot, instead of petition, which petit
tions are now published, and to also
provide that whenever a majority of
the voters of a town vote for whisky, IL
cense shall be granted. If the balance
of the county does not want whisky, it
may vote against it. But the towns
can have it, separate and Independent
of the county, if the towns want it.
The gentleman above referred to says
there is no doubt about the matter.
That he knows what he is talking
about.
The above interesting information
Is furnished by the jackson Bureau of
the New Orleans Picayune, and goes
to emphasize the Importance OF max
ing State and Constitutional Prohibi-
ton an issue in the impending cam
paign. There must be no more halt
ing at the halfway house of local op-
ton.
j. w. Hinton. president of the cotton