The Caucasian., 1909-02-21
THE SHATTUCK LAW-NElTHER
RETROACTIVE" NOR RE
TIEE"-WIiI?

pi pittlIltii tf tIt tNlIdttN'h II Law M ~ 'f
plication to saloons being within three
hundred feet OF Il church W school.
In this opinion, in the case OF State
Of Louisiana vs. Hotel Gruncwald,
Judge Chrc,ien of the Criminal District
Court, has declared that as the law is not
Retroactive i'll It's provisions, the qucs-
ton of fixing the method Of determining
the distance of three hundred feet be
tween churches and schools is left to the
discretion of the council.
1t also appears that the law, as inter
pretcd by Judge Chretien, is not re
irrespective" and therefore does not ap-
ply to the saloons i'll existence before the
enactment Of the law, which is operative
on aud since January I, 1900.
1t is announced from New Orleans
that Judge Joshua G.. Baker, also of the
Criminal District Court, coneurs iii the
! opinion of Judge Chreticn, and 1t Is
trumpcted that this view Of the law, by
these two Judges, supports the dcclara-
tons Of City Attorney Gilmore, as cx-
pressed recently, and practically wipes
out" the construction Of Attorney Gen
cral Guon. This opinion is also i'll full
accord with The pronounccment OF May
or Bcllrman as well as OF others OF
prominence il New Orleans. I
However. the Supreme Cour' may not
share these views Of tles. learned
Judges and attorneys, which, seemingly,
arc inconsistent with equity and common
sense
f! 1t NAV he recalled that soon after ii
was discovered that the law as applied
to the three hundred feet distance from
a church OF school would close the
Grunewald Hotel bar, and several high
toned saloons and club houses on Canal
st. Get and adjacent to churches and
schools and colleges, that there were
heard the most vociferous protests from
the Interests affected 1t was then that
Representative Sha!tucl, when pTobcd
by the saloon tur an explanation of the
intent Of the law. began his series OF
r",nblinps which have been delusivc and
unsatisfactory 10 all those concerned
pros and ants rs we'll, In the role Of
A shilter OF ience-ridcr, Il presentatlv,
Shattuck has proven himself to be ;
dismal failure. and he should llndeceiVe
himself ii he has imagined that he has
a, any time, misled the pros in his pre-
t.nses at explanations which have fallet
0. explaining.
Is Representative Shattuok a scapc
goat,
Is he not iathering d law which wa:
enacted in the saloons interest and ap
proved by persons i'll high authority II
the State?
> To say the least, the two striking ant
most extraordinary features embraced II
the opinions OF the eNponders OF tn
Shattuek law is that it is neither re
: troactive" nor Retrospective.
1t has always been the impression. i
not the rule Of the law, that an enact
|
E date fixed for its operation, and it doe
0 not provide ior the past, but for the fu
: ture.
1 As the Shattuci; law IS not ''retroac
!, tive" in the sense that It is not atectln
G what is past, but that which is Of he fl1
Il ture. the license granted a saloon o
t hotel or a club to sell liquor or intoSl
: cants or anything else Is Of no effec
and is mil and void from and after tn
date limit for the year for which it ha
. been issued.
>. All licenses expire at the end OF tn
year, being issued as rule from the Is
. day of January OF say 1908 to Decembe
II, 1908. The saloon or hotel or cit,
house being without a license on an
after January T. 1900. is liable under tn
law. AS the law is not retroactive, til
~ license which issued to saloon the yea
. year expiring December 81, 1908, ca
10 have no value. since it can have no re-
>, erence to what is passed.
=. Practically the saloon which has OPT
>, rated under a license which expired d.
cember 81. 1908, is dead unless revive
by another license with authority begi,
ming from January l, 1909, and expirin
December 81, 1909.
How, then, can there be claimed a
; exception by an evasion of the intent
s. a broad misconstruction of the law?
- If. as claimed by the eminent jurist
. the law is not retrospective, as not ha'
10 ing reference to what is past, as m
10 affecting things past" it should folio
81 that the Shattuck law should be vel
H. effective on all saloons and clubs ar
er the Grmewald Hotel, whose licenses
'g sell whiskey or intoxicants, granted #
10 TO the year 1908. expired on December ]
Ill 1908, and practically on January !. 1oe
IT. must be required to conform to the la
y then effective or be amenable to its Vi
w. Alation.