The Farmington times. (Farmington, St. Francois County, Mo.) 1905-1926, 1908-05-08
TO TEST LOCAL OPTION LAW
Petitions Filed for Dramshop Licenses
in City of Pennington Signed by
Two-Thirds of Taxpayers in
the Block.
THE COURT REFUSES LICENSE

Two petitions for dramshop IL
ceuses we're filed with the Clerk OF
the County Court ten days prior to
the May term of Court, and were
presented to that body on last Mon
day, one by A. Retornaz and one by
Wm. McMahan, each asking Tor
license to keep dramshop in GER
tain blocks therein specified In the
City of Pennington. Each ot the
petItions was signed by two-thirds
Of the assessed taxpayers OF the re-
spective blocks wherein it is pro-
posed to keep the dramshops.
IL will he remembered that prior
to the election submitting the adop-
tion OF the local option law to the
voters OF this county, the conteh-
tion was raised that the city of Farm
ington contained more than 300 In
habitants, and therefore under the
provisions Of the local option law
was entitled To vote separately on
the question of adoption; that after
the petition asking the court to or
der special election to vote upon
it's adoption was presented to that
body the Board Of Aldermen or
dered that Il census of the popu-
lation of the city be taken, ana that
that census showed the city to nave
p77l inhabitants. The petition, how
ever. asking for the election, was
presented to the County Court ana
acted upon prior to the taking OF
this census, and as the last previous
I census gave the city population OF
!. less than 300, the court held that
{ there was no Incorporated town IN
4 the county having population OF
! p1oO or over, and therefore ordered
!. the election to be held, the county
d to vote ms a whole on the question.
q The anti-local option people en-
q ployed attorneys and applied sue
V cessively to the Circuit Court, the
l. Court of Appeals and the Suprein"
# Court for n restraining orderagaihst
"a the holding of the election under th'
Is "whole county" order of the County
ir Court, contending that Fhrmlhgtoh
m had "A population of more than 2'0'
le and WINS therefore entitled To vote
n separately on the question. Eaci
of the higher courts refused to issue
rs n restraining order, sustaining the
,p nositiou of the County Court ina
We the only knowledge before 1t ana o
Ie which il could take legal cognizanc'
at WINS the last census taken before III
id order was made, showing that tn
rs city had less than 300 inhahltahtS
Il. The dramshop law, where I"ca
v, option is not in force, provides Una
II, IA County Court MAY, ON n petltlo
u. of n majority of the taxpayers
~ any township or Incorporated town
nc or n majority of the taxpayers q
cr any block in an Incorporated city q
tie DoO0 inhabitants or more, grant
ms dramshop license, but that on p'
~ titiou of two-thrds of the taxpayer
nix of nny such township, incorporate
ell town or city block, the Court sHAl'
hs grant n license. The petitions pre-
sented to the Counry Court TIL
week are signed by two-thirds
RE the taxpayers Of the blocks, ana
eir local option were not in force heI
ere the Court would have no option
ty, the matter, but would be eompelle
III under the law to grant the license
III The County Court, after recitil
RS In detail the grounds upon whic
'aa the petitions were made, closes Il
Oh, order In these words: but u
court refuses to grant said A. h
tonaz license as dramshop kee
"" or for the reason that the law kno"
~ as the local option law, being artic
10y three OF chapter twenty-five OF u
cur revised statutes, 1899, has bee
'''' adopted within the limits OF :
Francois county, including the CT
fay of Pennington, on the 7th day
Ella March, 1908, and is now in for
fur over the entire liinits Vi o"
of county"
The petitions presented to t
. County Court this week are prem
. mary, evidently, to contesting t
4 adoption of the local option law
Y this county. On what other groun
tban that Of the census, when
,u would appear had been definite
,e, disposed of by the higher cour
M the contest will be based, are !
lat vet known, and probably VIII
,rt be made public until the mat
comes before the Circuit Court.