The Greeley tribune., 1910-06-30

loon Territory" hy any vote at said
election.
Entirely aside from the foregoing
question is the fact that l am wholly
unable to find any record in the Of
fice Of the town clerk of Evans, that
the question OF whether or not the
town should be constituted Anti
Salooon Territory" was voted upon
at the election held in the town OF
Evans on the 7th day OF April. 1908.
Section OF the Local Option
Statute provides as follows:
1.-The clerk shall record in we'll
bound book. to be kept in his office
by himself and his successors. the re-
suit of the vote upon said PROPOSE
tion, and such results may be proved
in all courts and in all proceedings
by such record or by the official GER
tificate OF the clerk. and in cases
where such record or certificate
shows that majority of the quail
fed electors voting upon said propo-
sition voted "Yes" the same shall be
prima facie evidence that the politi-
cal subdivision to which said vote
was applicable. has become Anti
Saloon Territory. The result of the
vote under the provisions of this act
shall go into effect thirty (3O) days
after the date of the election at which
said vote is cast, which election
shall be held and the returns thereof
made in conformity with the provi-
sions of the general laws OF the state
and by the officers of the election
appointed and qualified under such
law"
After a careful search in the office
"a, I
able to find that he has book in his
office in which is recorded the result
of any vote on the Anti-Saloon ques-
ton at the election held l.. the town
of Evans on the 18th day of April,
1908, as required by the statute.
do not find any record or dOcu-
mcnt in the possession of the town
clerk of Evans that any notice was
ever published as required by the
statute that the question would be
submitted to the voters Of whether
or not the town of Evans should be
voted "Anti-Saloon Territory" at the
election held on April ., 1908. My
attention, however, has been called
to the files of the Evans Courier. a
newspaper published in the town of
Evans during the year 1908 and
find the following notice was pub
lished in that paper in its edition OF
March 81, 1908. and April ), 1908:
"NOTICE
Evans. Colorado, March n, 1908.
Notice is hereby given that there
was filed in the office of the town
clerk on the above date a petition
signed by 40 per cent. of the quail
fed voters of the town of Evans ask
ing that there be submitted at the
next regular election to be held April
Z, 1908, the propositions: Shall
Evans, Colorado, become Anti-Sa-
loon Territory"
Signed, L. c. vanderlip,
Clerk.
First publication in the Evans
Courier March 27. 1908. Last pub
lication April 8, 1905"
The foregoing notice appears to
be the only indication that the Ques-
ton of adopting "Anti-Saloon Terri
tory" was voted upon at the election
held in Evans on the 7th day of
April, 1908, and that only given by
the then town clerk under date of
March 18th. 1908, that the question
would be submitted at said election.
This published notice shows on Its
face that the petition to which
have heretofore referred was hled on
the 18th day of March. 1908. which,
as / construe the law. made it i'm
possible for the question to be sub
mitted at the election held on the 18th
day of April, 1908.
In view of all the foregoing facts
am of the opinion that the territory
embraced within the town. of Evans.
Weld county, Colorado. was and is
not "Anti-Saloon Territory. and
that, in consequence, the town board
of Evans has full power by ordi-
nance, to determine whether or not
the sale of intoxicating liquors shall
be licensed or prohibited under the
general statutes now in force in re-
lation thereto in this state.
Respectfully submitted.
H. f. CHURCHILL.
no ClNE