The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1900-05-23
/ MEANS PROHIBITION
If Two of Judge Burford'S
Decisions Stand.
CAN'T LEAVE THE WARD
For SignatureS--The 0bstruc-
ton by Appeal

Guthrie. o. T., May 22.-If two recent
decisions by Judge Burford are sustained
by the supreme court it will not require
any further legislation TO place the liquor
traffic in Oklahoma under more rigid
prohibitory ban than exists today even in
Kansas. In the district court OF Logan
county last Saturday, in the case Of Nipe
& Hasty, liquor dealers at Mulhall Judge
Burford decided that in villages and
towns where there are not thirty resi-
dent taxpayers in ward. the person who
desires to engage in the liquor traffic is
net permitted to go out of the ward to
secure the number Of petitioners requir-
cd by law, hence it becomes apparent
that in all villages and towns, very few
OF which, if any, have ward containing
thirty taxpayers, what amounts TO prac-
teal prohibition so far as saloons are
concerned, must prevail. The effect Of
this ruling would be to give to cities Of
the first class a monopoly Of the licensed
hquer traffic, but under another decision
made by Judge Burford at Saltwater last
week, it is the opinion of well-informed
attorneys that even where a liquor deal
er has complied with the law in all its
requirements he can be subjected to such
harassment that it would be ruiEOus TO
attempt TO continue in business. The
Saltwater decision was, in substance,
that an appeal from the action Of u
board OF county commissioners in grant
ing a liquor license acts as a revocation
of the license until the appeal is heard
on. its merits and disposed Of Discuss
ing the future effect Of this decision,
Guthrie lawyer said today:
1t means that within less than six
months. If the decision is upheld by the
supreme court. there will be an absolute
stoppage of licensed liquor traffic and
that the sale Of liquor will be carried
on through drug stores, joints and boot
leggeTs, as is done in Kansas and in the
Indion reservations. No liquor dealer no
matter how conscientiously he may full
fiji every requirement Of the law in MAX
ing application for license to sell liquor.
is exempt from an appeal If his license
is srante3, and pending the disposition
Of this~appeal he must necessarily close
his place Of business unless he wants to
assume the risk OF violating the law By
continuing without a license. No matter
how trivial the pretext for an appeal.
under the decision of the court. it acts as
an instant revocation Of the license and
the dealer is expected TO keep his place
OF business closed until The appeal has
dragged its weary way through the
courts, and there IS hardly g doubt that
the powers behind this prohibition move
ment viii carry the case to the supreme
court If decided against them in the lower
court What makes the situation doublv
hard on the liquor dealer is that no in
Identifying bond is required with the
fling Of an appeal in such cases and /
where a certain number Of persons unite /
In demanding that the county attorney
carry up the appeal not even cost bond /
IS required. So it may readily he seen |
that under such conditions the liquor I
dealer must stand by and see his bust /
ness ruined without any hope OF com /
pensation, in the event Of the appeal be-
ing decided in his favor"