The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1910-12-30

ford to take any chances in violating
Jour stringent laws for tie sale of
liquor.
| Several questions have arisen under
1.-THE law which cannot be definitely
answered until the courts pass upon
lit and construe it, Some of these
Questions, however, can be answered
definitely from mere reading OF the
statute. 1t is asked, for instance, /
whether this law give the holders OF I
permits perpetual franchise. 1t is
not true that any such thing results
from this law. The liquor business is
| still subject to all Of the regulations
which heretofore existed, any COM
munity can destroy the business
whenever majority desires to do SO,
any any city council can make the
number less than one to thousand.
The council is prohibited from max
ling the number greater than one to
la thousand
Another question is, as to whether
lin towns that now have a greater
number of saloons than one to a thou
Sduu DcIlulI Cdu Uc SOlu W IL llidh
who desires to discontinue business
or who moves away or by the execut-
or of one who dies. These permits I'M
der the limit law are transferable I'M
der. such conditions. The process OF
elimination provided is process of
self-elimination. A man may con-
tinue in the business so far as this
law is concerned indefinitely provided
he obeys all OF the laws. If he dis
obeys any of the laws and is convict
ed or enjoined, then he is out and no
man can take his place, nor can the
city council issue a new permit unless
the number OF saloons is already less
than one to thousand. Under no cir
cumstances under our present law
can any city council issue any new
permits where the number is already
equal TO one to a thousand or exceeds
! that number. The extension Of the
, business is absolutely prohibited now
, excepting where the number is less
than one to thousand. No matter
. how large the number is, any indivi-
dual holding permit and conforming
to the law may conduct the business
indefinitely, and may move from one
location to another with the consent
, of the council, or may sell his permit,
but if he violates the law the permit
yanishes, and he has nothing to show
: for it.
A question which has not yet been
J. determined by the courts, and which
: will have to be so determined, is as to
. whether in all communities the num-
Der will have to be reduced to one to
!, looms begin TO operate under their
J. new petitions OF general consent. 1t is
$ impossible to say what construction
i will be given this statute. While it's
;. terms imply that permits may be re-
8 issued by each council, excepting
: where a man has lost his permit for
a a violation, yet there is a question as
L to whether all permits do not cease
i in 1911, and whether there is not a
!. new order OF things from that on.
y In stating that the last question re
s ferred to cannot be answered until
4 the court shall have construed the
i statute, ! do not mean to say that
. there was any doubt in the minds OF
;. the members of the legislature when
. it was passed. | believe that it was
+ the purpose of the law to provide for
n the gradual reduction, and that the
n language used was intended to pro
q vide for the gradual reduction by a
a process OF eliminating such men from
r the business as violate the law. Like
various other statutes. however. ques
q tons arise long after their passage
). which were overlooked at the time
9 the bills for the Law were under dis
70 cussion. There is no question, bowev
ia err, that the first section of the bill
=. prevents the increase of the number
20 of saloons in all communities to more
7 than one to a thousand Inhabitants.
a. have not much question in my owr
" mind that within a very short time
= this provision for gradual reduction
! will result in the limit being reached
10 in almost every community Of the
"a state. The stringent laws on oul
books regulating the sale of liquor
n yiduals in almost every communit,
10 losing their permits because the tend
- ency is always for some of these mel
y to violate the law. Whenever one Ii
i. caught in violation, 1t means on,
10 less saloon in that community, and
~ Will continue to mean that until tn,
II number is reduced to one to thou
9 sand. After that limit is reached new
q. permits may be granted, but not t
10 the violators Of the law until afte
"a five years from their violation
:, 1t is perhaps natural to me, hayin
~ been the author of the statute, to al
:. tribute TO it a wider scope and great
i, er Importance as regulatiye meas
- ure than many would concede it t
!. have. but believe it will finally b
=, discovered il it is not now conceded
! that ifs egfact Ia to hiring ahot,f