Vilas County news. [volume] (Eagle River, Vilas County, Wis.) 1896-1927, 1903-08-10

result in a defeat OF the prohibition
idea. As il is. now the prohibitionist is
meeting with excellent success, and he
is satisfied To make haste slowly. As
10 what will develop between now and
, 1905 is of course prOblematical, and IL
may be possible that a state election
will lie sought at that time, but up TO
the present no indication along that
lime has beer. in evidence, and it is be-
uevei that the. plan of county work
will he adheredIto.
Prohibition has made serious inroads
into ne revesihes OF the state govern
ment. and as matters now stand up
warts OF S20a,e0O worth of taxes an
uually have been cut on, marking in
each instance the advancement OF pro-
Ihibition. Inasmuch as this is the case,
1t is but natural that local option laws
should come before the courts for con-
tests both by tire liquor interests and
Others. Some .of tae-e contests have
grown 50 interesting that they are now
on their way, TO the United States su-
Ipreme court for final adjudication.
One.of the most interesting questions
decided reSeptfy was in the Conley
case from Huff county in regard to
the posting OF notices of election on
the prohibition question. Succinctly
stated. the law provides that said cleo
ZION nouts shall be posted at the vot-
ling places. throughout the county
twelve days before the date of the
election. The question was whether
or not a fixture TO post one or more o.
the notices rendered the election void,
The questlQhS got into the civil courts;
not in the Conley case. however. and
the Dallas court of civil appeals held
that if a fairly full vote was pOlled the
failure to post a notice twelve days be-
lore dir not fnvalidate the election. +.
The. supreme court reversed the
Judgment or the appellate court, hol3-
ing thatSthe latter court was without
jurisdIcttOnsin such cases; mat the
| only power within its province was To
pass in. irregularities which happened
on the Gay OF the election. Again the
majority of the court, directly dis
agreed with the Dallas civil appeals
court in that the criminal appeals
court held in the Cooley case that a
failure TO stick up or post the election
notices within the time limit rendered
the election void and therefore with
out effect.
The construction of the court OF
criminal appeals is binding, and in
future all election notices must be
pOstssIi an time, or the election will be
invalid In view Of these and other
complications the local option election
law is now on its way TO the United
States supreme court for final action.
). The nrohibIuOn laws of Texas are
Geculiar4y drafted in that they are
most pronOuncedly in favor OF the pro-
hIasuoIlsts and strictly against anti
prohibition in their every construction.
One of the most striking features of
/ the prohibition law as il now stands is
THAT in. all cases where n prohibition
election Is ordered in the event the
ants win their battle. the prohibition
lists can hold another election within
six weeks, while If the prOhibitiOnists
win the ants cannot have another
election until the expiration of TWO
Years -"
y This particular provision of the law
has caused the law to be attacked up
ON the grounds that Il was antagOn-
istic to the fourteenth amendment OF
the national constitution i'm that IL dis
i terminated I'm favor OF one class OF peo-
pie as against another. This point has
Ibeen oyerruled by the court of criminal
la1peaIs OF this state, which sustained
the validity of the law and has result
ed I'm The matter being carried TO the
limited states supreme court, the state
court OF criminal appeals having grant
lei a writ OF error to the federal court
All violations of the local option laws
of Texas are penal Offenses punishable
with a fine OF from SIS to 500 and a
confinement in Jail from twenty To
i sixty days. Convictions for running
blind tigers" carry heavier punish
ments, the fines being from SlOO to
$500 and Jail punishments from two to
twelve months.
l. The twenty-eighth legislature which
but recently adjourned did not chahSe
materially the scope of the local option
n laws. though 1t passed several amenda-
'Irory acts. One possible exception IS
that a person is now prohibited from
lgiving away liquor in prohibition pre-
|cincts.
Peace officers under the recent enact
lmenJs are given more authority in fer
.ircting out violations: the rules of pro,
lcedure and evidence have been
Il changed so as to mere easily prove VIC
Ilations and lessened the chances for
4 Technical defense and escape on that
Il score.
To sum up the acts of the last legis-
Ilature Il is only necessary TO say that
the members made all the more strin-