The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-11-20
WILL APPEAL 10
THE Al De RME n.
The Temperance Forces Wish
Only One Oispensary.
JONES Is ENtLIGIBLt
{ He Insists Upon Strvng, Litigation Will Fol-
lew People Tired of Ring
Rue by Office
Holders.

The temperance forces in Raleigh will
send two petitions or protests to the
Board Of Aldermen at their session tomor-
row night.
That was decided at q meeting Of the
Dispensary Committee held yesterday af-
ternoon in Mr. w. n. Jones office. 1t
was the unanimous sense Of the commit
tee that the temperance forces Of Raleigh
ought TO protest against the establish
ment of a second dispensary and the Sc
lection of any man or commissioner I'M
less he voted for the dispensary-the legal
requirement. committee composed OF
Messrs. W. n. Jones, y. B. Broughton
and Josephus Daniels was appointed to
present the petition of the temperance
forces,
There is no sound reason for the estab-
hsbment of two dispensaries. Some Of the
best lawyers in Raleigh believe that the
act does not contemplate anything but "a
dispensary." 1t is argued. however, that
the number is in the discretion of the
board OF aldermen. Two of the dispansary
commissioners are known to favor two
dispensaries and will start two if the
board OF aldermen will permit. To do so
would invite litigation. Even if the law
would permit it, there is 10 argument in
favor of it except TO provide jobs for ia
vorites and to incur an additional expense
OF from S2.5o0 to SO, 500 per year Before
authorizing or permitting such a wanton
disregard of the wishes OF the temperance
forces, the board of aldermen will proba
bly, take several thinks.
The argument in favor OF dispensary
each for the white and colored people
amounts TO nothing. Under the law there
can be no loaf1ng or drinking on the
premises. each man must take his pur
chase and leave as soon as he has paid
for it.
Mr.. Jones. one of the men elected az
dispensary commissioner, is not eligible.
Under the Law he cannot serve. 1t is TO
be hoped that he will voluntarily retire,
or that the board OF aldermen will tell
him TO do So and thus prevent the htiga-
ticn that will follow If he persists in re-
naming on the board. in violation of the
statute The Law is very plain. No per-
son can serve as commissioner unless he
voted for the dispensary." Mr.. Jones
did not vote at all Therefore he is
clearly ineligible. Some lawyers contend
that such requirement is not constitution
al. There is not believed to be much in
that contention, but it is the business of
the board Of aldermen to presume that the
law is constitutional and not annul 1t with
out resort to the courts. 1t should be
said that when Mr.. Jones was elected, the
board believed he had voted for the dis
pensary. 1t was not ascertained that he
had not voted at all until some days
after he was elected If he insists upon
serving, the board should prevent it. The
temperance forces ought not to be put
TO the necessity OF securing an injunction
to compel the selection OF commissioners
who are legally qualified. In an interview
IN the News and Observer, Mr.. Jones has
publicly stated that he would vote for
Alderman Novel; TO have place in the
dispensary because Alderman Novel; had
obtained for him the place as commission
er. Isn't that pretty piece OF dlckering
to DO countenanccd in the capital OF
North Carolina in 1903? 1t will not be
permitted il tie Law can be invoked to
stop it.
There are two other matters that the
board of aldermen ought to take up:
l. iEJ EUOUHI pass 60 SCoi 40 iibSS
meet the following resolution:
Resolved, /. That it is the sense of this
board that it would be scandal and dis
grace for any member Of the board of
aldermen TO accept a position iii the dis
pensary established by law.
Resolved 2. That the commissioners
are urged not to name any member OF
the board of aldermen for any position III
10 l,,4 oil -l1n
now hold no official position in the city
That resolution ought to be passed and
to receive the vote Of every alderman
who is not after a job.
There is another thing that the people
are talking about. Mr.. H. H. Croker,
one of tho Big Nine, is also Deputy
Sheriff Is that an office? II so, Mr..
Crocker cannot be an alderman. Lawyers
differ. One thing is certain: One public
place. whether technically an office or not,