The Wenatchee daily world. [volume] (Wenatchee, Wash.) 1905-1971, 1909-09-14

| liquor may Uc COutIuuSO uuUoE IL.
cense as heretofore, If it was there
tofore licensed and sold within such
unit. The law governing license says
they were sold Heretofore at the
time of the adoption of this statute,
this local option statute and the law
to which they necessarily referred ut
that time was the section of the code
as read here in argument, in which
the council has the sole power. The
language there used by the legisla-
ture is seemingly used with consider
able care, and probably was carefully
drawn. The words are not that a GER
tain thing shall be done in the event
even that a majority of the citizens
shall favor license, but that it may
be continued as heretofore. If 1t
does not refer to and does not incor-
porate the former law, then we have
the anomalous condition of a right to
| license, with no provision as to how
that license shall be issued, upon
what terms it shall be issued, or what
regulations shall control 1t after the
issuance thereof. In Section 9 where
the vote has resulted in dry territory,
the provision is again carefully
drawn; that after the result of this
election shall have been made publiv,
it shall not be lawful to grant or is
sue or cause to be granted or issued
any license for the sale Of intoxicat
ing liquor within such units. No new
license may be granted under that
section from the time this certificate
is issued, and no sale may be made
within from and after 90 days from
the time Of this special election.
Within ten days, under Section 10,
after the date when the result of
the election has become operative, all
liquor must be removed from dry ter
ritory. The provisions as a whole
of this statute are very carefully
drafted, and seem to have been very
carefully considered by the legisla-
ture. Now there is no express repeal
of any of the former laws, and If a
repeal exists, it must be repeal by
implication based upon the conflict
between this law and the former law,
thereby abrogating them. The prin-
ciple of statutory construction in
cases of that kind is that the intent
of the legislature must govern, and
that repeats by implication are not
favored; and it is the duty of the
court in constituting this law to con-
strue all existing laws on the SUBJ
ject together, if they may be so con-
strued, and only where the later act
must necessarily destroy the former
is such repeal held to exist. Now
then Section 6 makes the further
provision that it shall become opera
tive within 80 days after the day of
this special election, or on the first
day of January following where it is
a general election. 1t seems to the
court that this local option law and
Section 1884 of Ballinger's code,
which has been heretofore read, can
stand together without any serious
conflict If it be wet territory, there
must be some law governing the is
suance of that license to determine
who is to issue it, what it is to con-
tain. who shall be entitled to a IL
cense, in the event the vote is for a
license, and what shall be the causes
of the termination of that license;
and this law contains nothing on that
subject, but it does make reference
to a former law on the subject. Then
all the provisions, in the courts
judgment, Of the former law may
stand except that where a territory
has voted dry the council has not the
power thereafter to issue that IL
cense; where it has voted wet, 1t
still has that power as 1t was under
the former law. And constituting
these two statutes together, after a
careful study of them, 1t is the
courts opinion that this case is con-
trolled by the decisions heretofore
existing in this state, that there is
70 mandatory provision here which
compels the council to issue a H.