Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1908-04-11
COURT TO DECIDE
Validity Of Local Option Law
Determined Before It
Goes in Force.
SUPREME COURT. HAS CASE
Finding May Be Returned About April
22-Test Said to Be Fair and
Comprehensive One.

chicago, April Il.-belOTe IHe l,oUU
saloons affected by last Tuesdays cleo
ton have lived the 80 days of grace
permitted by the local option law, the
merits of that statute will have been
decided by. the supreme court.
A. test of the constitutionality of the
law upon 25 different points is now
before the highest state tribunal, and
lit is expected that decision will be
handed down within two weeks.
This announcement from the head
quarters of the Anti-Saloon league yes.
terday served to quiet the fears of
their supporters, who were alarmed
by declaration that in several of the
communities where the abolition Of
lgroggeI'ies was voted the saloon keep
ers would refuse to close their doors
until the higher courts had determin-
ed their legal standing.
Larger Unit Controls.
A second development in the situa
tion, revelation that the liquor inter
, ,ests were back of movement to have
a number of villages vote themselves
saloon territory on April 81, although
ated went dry on April Z, was met by
legal opinions that the larger unit con
trolls the smaller, and that no saloon
can exist in such territory until the
township shall reverse its decision
not earlier than Is months hence.
The case now before the supreme
court has been in it's hands since Feb
ruary. Last November Coulteryillt
precinct of Randolph county voted OF
the local option proposition, with thu
affirmative winning, $50 to 146. Thirt.
days later John w. Mcbride was on,
of the saloon keepers selected to mak'
a test of the law He did so, with tn,
lresult that he was charged with sell
ing liquor in anti-saloon territory, an,
found guilty and was fined $50. There
upon the matter was taken to the So
ipreme court
Title Not Specific Enough.
Mcbride was backed by attorney
representing the larger liquor inter
tests. Among them was H. Clay Hoi
tner., James NJ. Graham, Rufus M
Potts and Alfred Adams. Among thei
j lcontentions was that the title of III.
law did not express its subject, tina
:, the law violates the interstate CON
merce clause of the federal constitu
tion, and that it is not a general Law
but local and special law that by II
enforcement and operation suspend
general laws in particular places.
II The Anti-Saloon league was repre-
sented by the firm of Church & Nj
Murdy.
''If the supreme court does as it ha
in many similar cases." said Mr.. M,
down near the close of the term; ths
is, somewhere near April %. 1t is
thorough test of the law in every wa,
and was carefully planned by the a
tomeys who took the appeal. l fe,
that it covers the ground in every wa,
law is fixture on the statute books
Question Effect Of Village Elections.
The other legal questions now at i
sue between the liquor and no-liquc
forces, the effect of village election
, in townships where the question
, prohibition already has been ballote
upon, lead into maze that has cause
linnumerable queries from communiti'
finding themselves in one of sever
lpredicaments resulting from election
lpast and future.