The Wenatchee daily world. [volume] (Wenatchee, Wash.) 1905-1971, 1909-09-14
Judge Grimshaw Held for the City in
Injunction Proceedings Instituted by
J. M. Duffy and Ruled That Liquor
Control Is Absolute in the Governing
Bodies of Cities

At $50 last night Officer Nelson
walked into the Olympia saloon and
ordered the place closed, following
the order Of the city council closing
all saloons of the city. This settles
the saloon business In this city for
a year from the coming January and
Wenatchee is now dry.
Judge Grimshaw last night held
that the court was without authority
to review the action of the city coun-
Gil in the case wherein that body
ordered the closing of the saloon be-
longing to ]. M. Duffy and therefore
sustained the motion of the city to
quash the proceedings instituted to
perpetually enjoin the city from
interfering in any way with conduct
of the business Of the plaintiff pend
ing the expiration of his license,
September 81.
Attorney Reeves for the city
moved that the proceedings be
quashed on the grounds, first, that
the court had no Jurisdiction; second,
that the local option law was un-
constitutional The attorney cited
the supreme court decisions in the
Aberdeen and Puyallup cases, where
in the court held that the city council
was absolute in the handling of the
liquor business.
Mr.. Reeves, though representing
the city in the case to force Mr..
Duffy to obey a mandate Of the city
council to close up his place Of busi-
ness in accordance with. vote under
the local option law. yet attacked
the constitutionality of the local op-
tion law. He held that it was not
good law for several reasons. He
urged that the act of 1909 was un-
constitutional for the reason that 1t
does violence to Article 2, Section
81, of the constitution of the state
of Washington, which reads as fol-
lows: "No act shall ever be revised
or amended by mere reference, but
the act revised or the section amend
ed shall be set forth at full length. 3"
Mr.. Reeves argued that the local
option law of 1909 amends the sec
tion of the code under which liquor
licenses have heretofore been grant
ed and under which they must be
granted, if at all, without setting out
the act, thus amended, or in any wise
referring to the act. Mr.. Reeves also
contended that the local option law
does violence to Article 1, Section
-, Of the constitution Of the state
of Washington, which reads as fol-
lows: mo law shall be passed
granting to any citizen, class of citi-
zens, or corporations, other than mu-
nicipal, privileges or immunities
which, upon the same terms, shall
not equally belong to all citizens or
corporations' The local option law
does violence to this section of the
constitution for the reason that it
excludes corporations from engaging
in liquor business on equal terms
with other citizens, If at all. In
other words. he insisted that this
was a special privilege granted to
a citizen that Is not granted to a
corporation.
Mr.. Reeves further held that it
was not the intent of the new law
to repeal the old law in any way not
particularly specified.
The argument of the attorneys for
the city lasted until 6 p. m. and the
court was adjourned until 7:30. At
that time Attorney S. D. Griffith,
representing Mr.. Duffy, argued the
case for his client. He held that the
intent of this new law was to repeal
the old statute In that event his
client would have 90 days in which
to dispose of his stock.
Attorney Crollard closed the argu-
ment for the city.
Following the arguments Judge
Grimshaw carefully reviewed the new