The daily sentinel. [volume] (Grand Junction, Colo.) 1893-current, 1909-07-06

total of 81 decisions was hand
ed down by the state supreme court
today, of which the local option de-
cision was by far the most important
Justice Bailey wrote the decision
for the majority of the justices,
which decision upheld the constitu-
tionality of the law and declared that
the larger subdivision must rule in
local option elections.
Justice Hill and Justice Gabbert
We're the dissenting justices on the
question of the power of the precinct
but were agreed with the other jus
tees on the constiutionality of the
law. the difference was question of
interpret alton of the law.
Justice Steele in rendering the ma
jority opinion declared that under
the statue no single precinct is en-
titled 10 remain wet in a dry ter
ritory, and declared that the larger
political unit must prevail in local
upIiesn elections.
AT the same time il is held that If
q ward of city woes wet and one
precinct therein woes dry" ii shall
MOI remain wet" bun shall become
dry"
Justice Hill in rendering the minor
ity opinion on this important point
decla red that the wording of the local
option law. affecting county local OPP
ton, indicates that it was intended
that the precinct or small unit shall
decide, and on this grounds he and
Justice Gabbert dissent
The first announcement of the long
expected decision in the local option
case reached Grand junction about
O'Clock in an Associated Press dis
patch to The Daily Sentinel and was
promptly bulietined.
Naturally the decision has been
awaited here with keen and peculiar
interest owing TO the fact that the
questions involved in the case effect
ed Grand junction and its recent local
option election as much as it effected
any city or town in Colorado.
In the recent election two wards
in Grand Junction voted wet the
First and Fourth wards. while the
Second ward and the East Third and
West Third wards voted dry" and
the city as a whole went dry" by
large majority. Under the local op-
ton law as then interpreted the larg-
er unit prevailed and therefore as the
city as a whole had gone dry the
become dry"
At the time of the election, in fact
for months previous to the election
the case in which the long expected
decision was given today. had been
pending in the state supreme court.
and therefore until the decision was
handed down today IL was uncertain
whether OF not saloons could legally
operate in precincts or wards that
had voted wet" even though the
city as whole had voted dry"
This decision gives the death blow
to any hope that any saloon keeper
might have had respecting him being
able to reopen his saloon where il
was located in a ward that had voted
wet but had been closed because
the city had voted dry"
Had the state supreme court today
handed down decision ruling that
the precinct is the voting unit and
that the precinct may decide whether
or not it shall be dry" or wet,
notwithstanding how the town or city
in which that precinct is located may
vote, then saloons could have re-
opened in the First and Fourth wards
in the city of Grand Junction.
The decision handed down today is
one of the most important handed
down by the state supreme court in
recent years. Conditions in numer-
GUS cities and towns of the state. that
have held local option elections de-
pended upon this decision. the valid
ity of one of the most important laws
passed by the legislature two years
ago was at stake, heavy property in
terests were involved and on 'Decis-
ion Day" of the supreme court each
month thousands of people have
awaited eagerly/to see whether or
not a decision on the local option law
would be handed down and today
came the long waited for decision.
When the interesting case was
(Contiuuod m pa 90 Eirhf