The Caldwell tribune. [volume] (Caldwell, Idaho Territory [Idaho]) 1883-1928, 1909-10-30
SALOON men
FEEEBETTER
ONLY ONE CALDWELL SALOON
WILL HAVE TO CLOSE NOW.
Attorney General Upsets All Plans in
Canyon County, in his Decision on
the Local Option Law-SalOOns Are
Given New Lease Of Life.

There was general rejoicing among
the Caldwell saloon men Tuesday,
when they first heard of the opinion
handed down by Attorneys General
McDougall, holding that no license is
sued prior to May 6, 1909 is termi-
mated or in anywise affected by the
local option act or an election held
Hereunder, but that licenses issued
after May 6 must terminate 80 days
after the election.
The only saloon in Caldwell that
will be closed by the local option cleo
ton is that of R. r. Dodge & Co.,
who renewed their license July l,
1909. The following Canyon county
saloons are affected, and will close at
the expiration of the 80 day period:
E. M. Dewalt, Geo. Mayhem, Nampa;
Peter Kessler, Mrs. Eva Thommen,
Emmett; Servoss & Strickland, Par
ma. The following saloons will run
their license out: D. s. Brown, R..
Christianson, T. D. Waldri, Cald-
we'll; E. H. Dewey, David Newman,
]. M. Bruzell, Antoine Hinkey, o. E..
Stewart, w. ]. Weaver, Nampa; S. A.
Mclaughlin, Emmett.
Attorney General McDougall points
out that the act was passed without
an emergency clause, and therefore be-
came law go days after the adjourn
ment of the legislature, which was on
March 6. His opinion embodied in a
letter addressed to County Attorney
Harris of Bear Lake county, follows:
"Section 8 of the local option bill,
found on page IL, Session Laws, is as
follows:
"If a majority of the votes cast at
an election held under the provisions
of this act shall be in favor of the
proposition so submitted, then after
80 days from the date of said election
all licenses for the sale of intoxicat-
ing liquors granted in the county aft
er the passage of this act shall be-
come void and be of no force or val
idity and the holder thereof shall
be liable for any sale of liquors made
by him the same as though no such
license had been issued, and there
shall be refunded to him of the
amount paid for such license a sum
proportionate with the unexpired
time for which the license fee shall
have been paid, out of the several
funds to which it has been appor-
toned.
/" mo license issued prior to the
passage of this act shall be terminal
ed or in any manner affected by this
act or by any election held hereun-
der.
xl"Ths act was passed without any
emergency clause and therefore be-
came law so days after the adjourn
ment of the legislature, which was on
the 9Th day Of March, 1909. The bill
was approved by the governor Feb
ruary 20, 1909.
an passing upon the question of
when an act of the legislature be-
comes a law or goes into force and
effect and defining the term passage
of the act our supreme court, in the
case of Snyder VS.. Hussey, Second
Idaho, page 8, says: 81
% Passage of an act in the statute
means its approval or the time when
| the act takes effect and the words
'passage of the act" have techni-
cal meaning and refer to the date
when it takes effect and not to the
date of the approval by the governor.
"This case, think, follows the
great burden Of authorities, and
think, with reference to this particu-
lar statute, the passage of the act
would be construed by the courts to
mean the 9Th day Of May, 1909, or 60
days after the adjournment Of the leg
islature.
"By the terms of section Of tbs
act above quoted no license ISSUE
prior to the pat pc Of this act shat
&c terminate e: in any manner af'
fected by this act or any election helC
Hereunder, but all licenses issued of
ter the 9th day of May must termi
mate within 90 days after the date o.
: such election in any county where tn
majority vote cast at such election un