Los Angeles herald., 1905-01-23
A BLOW AT HONE RULE

Whether Intentionally or otherwise the bill recently
introduced at Sacramento to impose state license
upon the liquor dealers throughout California prove
to be very serious fankng movement destined to put
to rout the antisaloon forces ably commanded by
Gen. E. R. Chapman and his energetic lieutenants 1t
may prove to be movement which, if successful may
make every city, county and township in the state
wdeopen city county township: Unless the bill can
be drawn to insure the absolute preservation of
the right possessed by each local political unit
to determine for itself whether it will prohibit the sale
of liquor or not, the proposition to impose state
license will be found loaded with dire consequences
for those who believe that each local community
should determine for itself whether saloons shall
flourish within its borders.
The constitution of this state provides that "any
county, city, town township may make and enforce
within its limits all such local. police sanitary and
other regulations AS ARE NOT IN CONFLICT WITH
GENERAL LAWS"
Under this power to make and enforce police regu-
lations county, city, town township may, if it
choose prohibit saloons within its territorial limits
provided however that such prohibition is mot in
fict with the general laws" of the state
If the state should pass state license law for pur-
poses Of regulation then CITY, county town town
ship could prohibit the sale of liquor within its borders
for the that state license for regulation would
be conclusive evidence that regulation not prohibition
the states policy in dealing with this vexed ques
ton. This policy would be firmly imbedded in gen.
era of the state and CITY, county, or town
ship would be permitted to exercise it's police powers
in conflict with such general law.
Should the Legislature pass state license law for
purposes of revenue only for regulation such
law would be conclusive evidence that the
policy of the state that the saloons throughout
California should constitute in part the source of rev.
with which to defray the necessary expenses Of
the state This policy would be implanted in general
law of the state No county city, town or township
could make enforce police regulations in conflict
with that general law.
1t needs reasoning to show that a prohbitory
ordinance operative in any county, part county
in any city, town township would necessarily con-
fic with state license law for revenue. For if one
city county could prohibitory ordinance all
cities and counties throughout the length breadth
of the state could pass similar prohibitory ordinances
And If all the cities and counties of the state should
pass prohbitory ordinances what would become Of
this particular of with which to defray
the necessary expenses of the state? 1t would be wiped
out of course And the mere fact that the city coun-
ellis and county boards of supervisors thus DESTROY
a of revenue which the state legislature had
especially designated and prescribed would necessarily
stamp the city or county prohbitory ordinance as
regulation "in conflict with general law"
The conclusion is therefore inevitable that IL a
state license law be passed by the legislature at Sac
Idheho' "hSe io puiposeS Vi TeSuidtlon or revenue
all the cities, counties towns and townships through
out California will be shon of their power to prohibit
the liquor traffic within their borders.
The proposed legislation is loaded It should be
killed. not scotched.
The Herald is not advocate of prohibitory legis-
laon but does believe in the time honored Demo
cratic doctrine that each local community whether It
be county, city, town township, should have the
right to determine for itself the policy which should
prevail within its borders respecting the liquor traffic
and we are opposed to any legislation which is an
tagonisc to this long cherished doctrine of home rule
Strike out the enacting clause of this proposed license
law Mr.. Legislator Or at least see TO 1t that the BILL
It becomes law shall carefully preserve the right
of each county. city and town to prohibit the liquor
trahic within its borders If majority of its electors
choose to do so.