The morning Astorian. [volume] (Astoria, Oregon) 1899-1930, 1905-01-20
SOME OF THE AMENDMENTS
The Law as Amended Will Be Local
Option Law, Pure and Simple, and
Not a Prohibition Law as Is
Demanded by cranks.

legislature amending the local option
law, Among the amendments proposed
are the following:
The petition must contain 40 per
cent of the legal voters, instead Of 10
per cent, as now. This is intended to
take the power away from the pro-
hibition cranks and place it in the
hands of people not actuated by malice
or to permit it to be used as a weapon
of persecution by a minority. Another
amendment provides that a precinct
in which a prohibition election Is held
must not lie partially within or par
TALLY without an Incorporated city. In
a number of ,cities portions of a pre-
cinet overlap the municipal boundaries
and extend for miles into the country.
Section is amended and provides
that prohibition elections shall be held
only every two years. The present law
allows the pronibitionists to call cleo
tions every June, if they have been de-
feated at the preceding election. That
portion of the community watch is in
favor of the license system, however,
is only allowed to call elections every
two years. This particular amend
ment was the subject of many long
consultations. II was realized that 1t
was advisable to prevent the state be-
ing embroiled in continual prohibition
elections, a condition which has always
resulted disastrously to commerce,
progress and politics in other states.
1t was the majority opinion that four
years should be allowed to elapse be-
tween the prohibition elections. but it
was finally decided to draft the amend
ment at two years, in order to save
argument.
Section I is amended and provides
that the sale of intoxicating liquors
shall be prohibited 80 days after the
order of the court declaring the re-
suit of an election favorable to the
pronibitionists.
The present law allows liquor deal
err, brewer or wholesaler less than 80
days in which to wind up his affairs,
settle his accounts. dispose of his stock
and fixtures and get out of business.
The gross injustice of this needs no
argument In the case of a big brewer
or even a smaller concern, 1t would
amount to almost complete contisca-
ton of the property. If a business is
to be prohibited for at least two years,
and as long thereafter as no election to
the contrary shall be neld, it does not
seem that there can be any possible
objection to allowing the owner of the
business 80 days in which to settle his
affairs
Section 10 as amended provides tnat
the unexpired license money shall be |
refunded to the liquor dealer before the !
order of prohibition shall take effect. |
The present law is indefinite on this
point, and many cities in Oregon have |
refused to observe this portion of the |
law. 1t seems only fair that the re-
fund of the money should be simultane-
Gus with the taking effect of the order
Of prohibition.
Section II as amended provides that
there shall be probable cause to be-
ieve that liquor is being sold before
a search warrant shall be issued. In
view of the experience Of prohibition
states, in which enthusiasts in this
faith have caused private resi-
iences to be invaded and a system Of
espionage established over the personal
affairs and habits of their fellow citi-
.ens. this amendment has been drafted
With the object of leaving something to
he discretion Of the courts in a pro-
libition district.
The amendment to section II pro-
rides that no election may be held ex-
,ept in residence precincts. This
amendment is taken from the Bran
lock local option law Of Onio, which
IS the result Of many years Of conflict
N that state, and which apears to be
satisfactorily there. The only
object of local option law as distin-
yuisned from prohibition, is to prevent
he encroachment Of saloons upon resi-
lence districts, against the wishes of a
majority Of the residents.
This amendment provides that the i
sale of liquors in wholesale quantities
by brewers, distillers, wineries, or L
wholesale liquor dealers is not to be
construed as a violation of the law.
Here again arises the difference be-
tween genuine local option law and
straight prohibition. Local option aims
It the control of the saloon whereas
would exterminate the
entire business. The conduct of a
brewery, distillery, winery or wholesale
liquor house is even less noisy, less OBJ
ectionable and more clean than the
conduct of the average manufacturing