Arizona republican., 1902-10-04
THE ARIZONA CLUB
Its Legality Discussed by O. Gibson,
 Prohibition Candidate.


 The local p-ohibitionists have re- ccived and are making public the fol- lowing opinion of Mir O. Gibson. the prohihitiOnist candidate for delegate to congress, on the legality of the recently announced organization of the Arizona club, though a number of local lawyers eXpress contrary opinions in the legal phases of the question:
 Tombstone Ariz., Oct l, 1902. 4. T. Walbridgc. Phoenix, Ariz.: l have received a marked copy of a paper containing an account of the proposed organization of the Arizona club. for the purpose of evdding the statute prohibiting the sale of liquor put in force as the result of the recent local option election in Maricopa county.
 i The promoters of said club say { tkey have taken legal advice and that , the lawyers tell them the law QocaI option acO authorizes clubs Of this CharaC ter" They also say in their article, There are two ways of looking at this liquor question" I quite agree ! with the second quotation, but not at all with the other.
 AE ii.iA do dDil NIINll tOAlkd4lS lHe penal enactment. the statute prohibit i ing the sale of liquor in the local option i act, paragraph 3O70. revised statutes of ! i9C1, provides. When any such cleo ton has been held, and has resulted in | favor Of prohibition and the aforesaid i board of supervisors has made the order declaring the result, and the ] order 0: prohibition, and has caused i the same to be published as aforesaid, any person who shall thereafter with ! in the prescribed bounds of prohibition 1 sell, exchange CT give away. with the | purpose Of eVaGing the provisions of this act, any Intoxicating liquors what socver. nr in any way violate any of the i provisions of this act. shall Ice deemed Suiity of a misdemoanor. and upon | conviction thereof. shall be fined in a sCm not exceeding three hundred dol | lars, or imprisoned in the county jail 1 not exceeding three months. or by both such fine and imprisonment"
 The test of the criminal intent i= doing the act with the purpose of cvadinG the provisions Of this act" It | viii be seen from paragraph S17O. and 1 from rara crauh 2O6s where the ian guage is used that said board of super 1 visors shall immediately make an or der
 absolutely prohibiting the sale oI in- toXicatinE liquors within the pre- eorihcd limits, except for the purposes, and under tae regulations specified in this act" that the result and intention Cf putting the local option statute in fierce is tC absolutely" prohibit the
 sale. exchange or giving away of in- tcXicGtinS liquors within the limits covered Gy the election. for any pur- r,CzCs- ,y,19fcN-pr. pyrr,t cf,r eu,.rar,,c,ta tal rurpoccs. and as medicine upon the prescription of praCticing physician. How. then. could the law authorize , such clu5s as arc outlined in tine article referred to%
 Perhaps the promoters will say, We arc 3 corporation, Grl you cannot reach u5 under the local option act" Let us sec. This being a penal statute { is roverne1 by preliminary provis- OTIS. page liS@. etc. of tho penal code. Tn paragraph :. penal code. revised -tatutcs Cf tGc1, we read concerning ,;scS oC worGs in .he penal code: The word Yeryon includes a corpora ton as well as Q natural person." But they .'Sv, "YoI cannot put a corporation in jail, % now are you going to enforce your fae?" Perhaps we cannot put coyrc~o lon in jail, but we can fine it; H-d p-Tass2Ph 9, penal code, revised
 -tatctss O. 1901, provides that ",he
 o;riss.or :o Trscify or affirm in this
 code any liability to damages, penalty.
 forfeiture CT other remedy imposed by
 law, and allowed to be recovered or
 enforced Tn Gny Civil action or proceed irE. fuT any act or omission declared
 punishable herein. Gaes not affect any
 iSht to recover ur euf,-cc the same. |"
 So, in the first piace, we can recover
 the penalty T." civil action: and iu the
 ~etoud piacC. corpora tious formed uu-
 der the laws of the territory of Arizona
 must obey those laws. unless they are
 declared unconstitutional; so that 9 corr .orutlur wh,"h violated the laws of
 th~ territory. Of which the local. op
 ton act is a part, could have civil
 scticn Brought against it to anru it's
 tSarter Tn fact a corporation is an
 Tlerai cne whe., Termed ;or an illegal
 p1rpUSr.
 Then again. even though we cannot
 iail the corporation. we might be able fn lorurccrpt, r. c..lrr,s, agert| and
 mplcyes for doing an unlawful act,
 fo. paragraph :1 penal code, revised
 statutes of 1901, says that ''all persons
 ~cuccraet tn the commission or q
 crime. whether if he felony or misds-
 mcanor, and whether they directly
 commit the act constituting the ol-