The Farmington times. (Farmington, St. Francois County, Mo.) 1905-1926, 1909-07-15
LOCAL OPTION ELECTION
FINALLY DECLARED VOID
Court OF Appeals Says Notice OF Elec'
ton Went Beyond Petition and
Order OF Court.

on IHesuhN, july htl, l"', nnaIlS
declared that the local option cleo
ton IN st. Francois county, held on
| March eth, 1905, was illegal and
void, not only as to the City of
| Pennington, but as 10 the entire
county. Thus finally ends this
''much mooted question For the
| information of our readers we will
/ submit the following general review
Of the whole questions:
/ II will he remembered that the
'wets" tried to enjoin the election,
but Judge Killian, after II full re-
view of the whole matter, refused
to grant the injunction.
After the election was held A. Re-
tornaz applied for IA dramshop IL
cense to run II saloon in Farming
ton, and the County Court refused
on the grounds that the local option
law was In force at the time. The
"wets" then sought aud obtained n
writ of mandamus from the st.
Louis Court of Appeals directing
the County Court to issue the Ii
cense to RetOrnaZ, and IN that pro-
ceeding the Court of Appeals held
the election, as to the City Of Farm
ington, illegal and void, for the
reason that that city had, at the
time the order was finally concluded,
more than 1900 inhabitants, but eX-
pressed some doubts as to the le-
gality of the election throughout the
rest of the county.
After this the Circuit Court held
the election Illegal and void as to
the other portions of the county, in
quashing an information charging
John Wilson with violating the
local option law. The Circuit Court
afterwards issued writ Of man
damus directing the County Court
to issue dramshop license to 10.
seph Smith, thereby holding the
election Illegal and void.
The "drys" then got busy and ap'
piled TO the City of Flat River for q
r dramshop license for J. NJ. Holli
, day. which was refused on tho
4 grounds that the local option law
= was in force. The attorneys fol
z Holiday then applied for writ N
mandamus from the st. Louis Cour
of Appeals. This was the fourth
n time the question had been pre-
b. scented to that court; 50 without any
d, further argument, and upon tn,
t.. facts heretofore before the court IL
= the Retornaz and Wilson cases
+ the Court took the case under ad
l. visement. After reviewing the his
tory OF the entire election, the COur
of Appeals finally held the election
z Illegal and void as above stated
II The principal reason is ms follows
n The petition praying for All election
|. set forth that there was "no cit,
$ or Incorporated town in said count,
j. at this time having population o
900 inhabitants or more" Thu
. order calling said election directed
. that "said special election is granted
2 on said petition, and 1t is ordered
? and adjudged that n special election
) he held In st. Francois county, Mis-
i souri,, on Saturday, March :, 1905
. at the usual voting precincts in sal,
county and To vote on tn,
Z proposition and the question sub
mitted, and to determine whether %
b not spirituous and Intoxicating
/ liquors, including wine and beer
|. shall he sold within the limits %
said county.
D The notice went beyond the peti
- ton and the order of the Court, ant
stated that the qualified voters u
e st. Francois county, Mo-, he mott
t fled, and they are hereby notified
e that special election he held at tn,
y usual voting precincts in said count,
e on Saturday, March Z, 1908, to de-
" termine whether or not spirituou
:, and Intoxicating liquors, including
II wine aud beer, shall be sold within
" the limits Of said county, oI'TsIDi
!. THE LIMITS or ANY CITY OR row,
n HAVING 900 INHABITANTS OF
:, MORE
= The Court said this latter claus,
@ was departure from the order o
the Court, was not the election or
dered, and was an Illegal notice"
The Court of Appeals holds tina
Section iSlja, acts of 1905, only up
. plies to the taking of census 70
Il the purpose of raising revenue.
, The election thus held is declared
l. finally to be void.
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