Morgan County republican. (Versailles, Mo.) 1906-1914, 1908-03-05
LOCAL OPTION LAW.
Executive committee,
local Option League,
Versailles, Mo.
iientlemen:-

Jentlemen:
In pursuance with
your request, submit the following,
as brief synopsis of the laws of the
State of Missouri, now in force, regu-
,atng the sale of Intoxicating liquors
within the State, and especially in
counties having adopted "Local
Option.
First, let me sugges. that the right
10 sell Intoxicating liquors in the state
is not legal right vested by law in
its citizens, but is municipal privil-
cge, granted by the municipality un-
der some express statute; the general
rule OF law is that the sale of intoxi-
eating liquors is unlawful-prohibited
by the legislature on grounds of pub
lie morals and public welfare, and
the citizen who elsims the right or
privilege to make such sale. must be
able to point to the statute granting
such privilege, and bring himself
clearly within the express provisions
vof such statute. For authorities see:
State VS.. Hudson. 13 Mo-, page 81.
State VS.. Moore, 107 Mo-, page 80.
The right to issue 4 license to sell
Intoxicating liquors, under certain
conditions and restrictions, is isexpress-
iy granted to the county courts of the
state, under the provisions of article 1,
chapter %, revised statutes OF 1899,
known as "the Dram Shop Laws"
however the people of Morgan county
voted "against the sale OF intoxicat-
!ng liquors. including wine and beer"
under provisions of article III, chap
ter 22, the county court no longer has
che authority to grant such license,
and will be shOrn of authority. until
the people by another vote shall vote
IN favor of the sale of Intoxicating
liquor, which cannot be submitted to
vote for four years. Morgan coun-
" is therefore under local option,
and the sale of intoxicating liquors.
Including wine and beer, is absolute
ly prohibited, (except under certain
restrictions hereinafter set outy.
Section 3032. r. S. Mo-, 1899
provides as follows: ''Jf o,ajority
of the votes cast at any election
keld under the provisions OF this ar
ticle shall be against the eale Of in
toxica,ng liqMers.' it shalt not be
lawful for any person within the limits
of such county or city, as the case
may be, to directly or indirectly sell,
sive away or barter in any manner
whaaever, any kind OF Intoxicating
liquors or beverage containing alcohol
in any quantity whatever under the
penalties hereinafter prescribed"
1t will be observed that under the
provisions Of this section that no per-
son shall sell, Giar a~ar ar barfr,
any Ml"rir"/ing hq~Ors.
Section 1904 provides, '.that
nothing in this article shall be con-
strued as to prevent the sale of wine
for sacramental purposes, nor shall
anything herein contained prevent
licensed druggists or pharmacists
from furnishing pure aIr0Aoi /o,
mrdirinai, art, scientific aA1Wr1Aan.
ira/ fWp0srs."
In the case OF state ~ MGNe. 107
Mo-, page 81. las sA1netne court in
constituting tire abotp section, said
chat tie adoption Of the local option
law did net displace the druggists
and pharmacists law, nor was the
above section intended by the legs-
!ature to grant druggists and phar-
maclsts a license which was not
authorized by the druggists act
(Which is hereinafter set ou,).
S.ct;ou QnQE Ornv;d,.c that anu n.r