The Dawson news. (Dawson, Ga.) 1889-current, 1904-08-24
DECLINES TO CALL AN ELECTION
r-,.o~,, WIFI Not Order Vote on Whskey Question.
Repeal of the Dispensary Law on an Hiec'oN iA010
Now Would Bring Open Saloons Again

: solely to the acts of individuals.
The act establishing dispensarles in
Terrell county provides that ut shall
not he lawful to sell within the county
of Terrell any spirituOus, vinous or
malt LIQUORS or intoxicating bitters and
elders, except as provided for in sub
seouent sections OF this act, and any
person who may do so shall be guilty
IF a misdemeanor. The act itself
nrovides for the sale of such spirituous
| LIQUORS through the medium OF dlspen-
saries, and prohibits the sale by prl-
vate INDIVIDUALS and PERSONS.
The supreme court having under
consideration the act establishing
dispensary in Rome, which act Is
similar to the one establishing the
dispensary in Terrell county, held that
"a local act which prohibits the sale
of Intoxicating liquors, otherwise than
through the medium OF dlspensary
established by the act and operated oY
the state or one of its subordinate pollt'
ical divisions is prohibltory law
within the meaning of the penal code,
Section 42S, making penal the sale OF
such LIQUORS in any county where the
sale IS PROHIBITED by law, high IL
ceuse or otherwise"
In discussing the act establishing
dispensary in Rome the supreme court
saws: "When the first case against the
accused was here it was suggested
that in as much as the local dispensary
act contained a section which PROHIB-
TIED the sale of such liquors otherwise
than through the medium of the dis
pensary it might be considered pro-
, a
the section of the code. Counsel for
plaintiff in error in the present case
has made a strong and earnest argu-
ment to combat this suggestion, out
after more mature consideration we
are satisfied that the view suggested
in the other case is correct Inc
dispensary is state Institution. NO
private individual has any direct in
terest in its operation" The sale or
Intoxicating liquors is PROHIBITED BY
LAW in Floyd county within the mean.
ing of the code. No private individual
ia allowed to sell such liquors there
under any circumstances; and the fact
that the state through governmental
agency ia engaged in the sale does not
make the county any less place
where the sale is prohibited by law
within the meaning of the section
The section referred to, which is
section 428 imposes penalty for sell
ing in places where the sale is PRoHIB-
TIED. " and Is almost identical with
section 1850 of the civil code, which re-
fers to places where the local option
elections cannot be held. See lloth
Ga page IS ct. seq.
Being satisfied from the above rea-
sons that Terrell county. under the
operations of the local dispensary act,
is place "where by law the sale of
spirituous liquors is ALREADY PRoHIB.
TIED, within the meaning OF the Code"
and under the local option act providing
that no election shall be held in such
a place ''as long as these local laws
remain of force" the prayer of the pc
titioners is denied and the election
called for is not ordered.
Witness my hand and Official sigma
ture this August %, 1904
j. w. ROBEPTS,
Ordinary of Terrell County.