The Idaho Republican. [volume] (Blackfoot, Idaho) 1904-1932, 1909-10-29
SALOONS MAY RUN TILL THEIR
LICENSES EXPIRE.

Boise. Idaho, Oct. 26--Many sa-
looms In counties which have voted
dry will not be compelled to close
until next spring, according to an
opinion handed down by Attorney
General McDougall in a letter ad-
dressed to County Attorney Harris Of
Bear Lake county. He holds that no
license issued prior to May 6 is ter
minated or in any manner affected BY
the local option act or an election
hereunder, but that license issued
after that date must terminate with
in 80 days of the date of such an
election.
The act, he points out was passed
without an emergency clause and
therefore became a law 60 days after
the adjournment of the legislature.
which was on March s. The words
passage of the act he construes to
mean the time 1t became effective
and not the date Of approval.
Licenses granted In county after
the passage of the act" the stat
ute provides, shall become void and
be of no force and validity where .
county votes dry, 80 days from the
date Of the election. The opinion OF
the attorney general, therefore, indi-
Gates that saloons licensed between
March 6 and May 6 are to be allowed
to run for their full term, as well AZ
those which were licensed before the
actual approval of the act by Govern
or Brady, February 20.
Attorney General McDougalFs let
ter follows.
Your favor OF the 10th inst, II
which you state that a question has
arisen over the local option law az
to what extent 1t effects licenses is
sued after the date OF the approx
al of the act and the time the act
takes effect, is received.
Section s 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 provi-
sions OF this act shall be In favor on
the proposition 50 submitted, thea
;a,er 80 days from Tho date OF said
lection all licenses for the ale OF
intoxicating liquors granted In the
county after the passage OF this act
shall become void and be Of no force
or validity and the holdfr 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 terminat-
ed or In any manner affected by this
act or by any election held hereun-
der
This act was passed without any
emergency clause and therefore be-
came a law so days after the ad-
iournment of the legislature, which
was on the 9Th day OF March, ls0S.
The bill was approved by the COVER
nor February 90, 1909
"In 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 s, says.
Passage Of an act In the stat
ute means Its approval or the time
when the act takes effect and the
words passage OF the act have a
technical meaning and refer to the
date when 1t takes effect and not to
the date OF the approval by the gov
ernor.'
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. 1903, or
so days after the adjournment OF the
legislature.
''By the terms OF section OF the
act above quoted no license issued
prior to the passage Of this act shall
be terminated or In any manner af-
fected by this act or any election held
Hereunder, but all licenses issued al
ter the 9Th day OF May must termi-
nate within 90 days after the date Of
such election In any county where
the majority vote cast at such cleo
ton under the provisions OF the act
are in favor Of the prohibition Of the
cola ~ Intoxicating lfduors therein.