The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1908-11-08
THE PEOPLE HAVE BY VOTE De.
clARED AGAINST SYSTEM
IS AGENCY" ELIMINATED
Attorney Genersl west Asked TO Pass
on the ouestion-Attorneys Differ
on the Master May Think AC.
sneies VIII be Continued

Guthrie. Okla. Nov Attorney
General West will Doe asked 20 pass on
the qu --lpn that arises Zoo connection
with the assured defeat of the first
state proposition. the dlspeusary az.
"ncy- whether. as matter OF law.
the vote will eliminate the state ag-
ency entirely or permit its coutInu.
ance
The problem is engrossing demo
cratic leaders 4 party opinion upon
the attitude the party will assume viii
of course, not be- yOuchsaf,d by any
prominent leader tonight. because the
whole question Is too much up in the
air"
From a purely legal standpoint
leaving out the probable wishes Of
position which will Dee taken By either
of the parties. IS the state dispensary
abrogated by the vote OF disapproyal.
the prepOnberance Of which no one
now can doubt? Some of the most
prominent lawyers In the state say
that Il is not
II must be understood that no at
tempt Is being made 10 convey the
impression that any responsible mem.
Der OF either party has tried 10 pledge
the organization TO a position on this
delicate problem. The people have
made their decision unmlstakably plain
judging from almost complete returns
In the election. But the legal aspect
must be consids red because. II the
matter is brought into court, IL is
that feature which will weigh.
One Of the best known attorneys Of
Oklahoma said tonight:
The vote on the dispensary uues-
ton is only moral obligapon. abso-
uuely no more. Why? Simply b..
cause an emergency bill. such as the
prohibition enforcement measure was.
cannot be submitted by the ref,ren-
dunn"
Another legal reason advanced is
that three questions, separately de-
finei are included In the submission
of the bill TO the people, whether the
agency shall become a part of the
constitution, whether IL shall be dis.
cnotinued or remain as a statute.
Many democrats say that the party
would not consider retaining the sys.
tenn since the people have declared
against 10. That, however. at the
resent, is not the question. The burn
ing question To the state is whether
there are legal grounds for bearing
out the argument given above by the
lawyers whose opinion is held worthy
of consideration
There IL still another feature 10 he
mentally digesred along this sam,
line. II is provided In the prohibition
law that II the people declare against
the dispensary such property as might
be In the possession OF the supcriu.
tendent at the time shah be disposed
of as the governor may direct
superintendent Iozier has llquor
conliscatod in raids, worth from $40.
600 to $4,000 In the cellar of the
state headquarters here What is 10
become OF the liquor?
or the original appropriation OF $50.
600, allowed by the legislature for
prohibition enforcement $50 900 ap.
proXimatcly has been drawn. The
system was made stlfsupporting by
Superintendent Lozier and the pro.
ceeds were even diverted into the
enforcement fund. hut now the whole
system Is to be ahan lionel. what IVES
drawn from the appropriation cannot
be offset