Weekly journal-miner. [volume] (Prescott, Ariz.) 1908-1929, 1911-06-14
THIRST PREVAILS
in TOWN OF TEMPE
Judge Kent Denies Application For
Writ Of Review Holding Recent
Local Option Election Valid


The wisdom or unwisdom Of The
condition whereby the people might
he kept in a state Of unrest upon the
calling Of successive elections is not
a matter for the court TO determine.
The wisdom or unwisdom Of that
would appear to the people very like
ly according IA they believe In pro-
hibition or believe that prohibitioa
should not be enforced. But Il II
quite clear TO me that the so-callsd
segregation act, while the effect Of
il is that each city and town nay
determine for itself what shall b
the rule within the limits Of that
city or town. and the vote in the
city or town shall not affect the 70
suit in the precinct In which that
town is situated or the result in the
precinct shall not affect the town %
situated in that precinct, nevertheless
the intent Of the Legislature In pass
ing the segregation act was not 10
change the rule with respect to the
time and manner and number Of
elections. The segregation act it..jf
merely prescribes that when the vote
in town or city Is for or against
prohibition, and the result shall be
30 certified 20, there shall be NO or.
der made by the Board Of Supcrvis-
ors affecting that town because
merely Of the fact that the election
In the precinct resulted differently.
"Now, the contention Of the petit
tioner would place the cities AID
towns in an entirely different posi-
tion from. the rest Of the county.
The contention would be that be-
cause there had been an election In
the town and the Board Of Supervis-
ors had determined one way or the
1 other, there could be no election ~.
terward In those particular limits,
but IL that be true ms TO the town
IL must be true ss to the precinct
II must be true as 10 the precinct
outside Of the town, and the conten-
ton Of the petitioner must be that
II, for example, the precinct Of TEN
pc had gone wet, there could not
be any election in the precinct Of
Tempe any more than in the town,
even though the town had gone dry.
81 think the intention Of the Leg.
islature was that the towns should
determine for themselves what
should be the rule with respect to
the sale Of liquor within the iimits
Of towns, and the result In the pre-
einct should not affect the town and
the result In the town should not sf.
feet the precinct; but there was no
intention by the passing Of the ssg
regation act to prevent the question
from being resubmitted 10 the inhsb.
itants Of the town the same o. 10
the inhabitants Of the rest Of The
precinct, provided the call for tAs
subsequent election be a call within
the Law and embraced differes,
area. Therefore, this call here be
: ing a call for a county election. the
mere fact that there has been ~
election In the town snd precinct Of
Tempe would not prevent the resub
mission Of this question. rhs cssal
inssns Of the Legaslatass being sAA'
! tide question may ~ rsubmis&sA y
often ~ . sufficient number Of slsc
tors Appay By pstatasa - ioag - ~
voss therefor hAs ben against 30
hdbtttou. DO not think that th'
segregation act or the intent Of Il
was 20 change that rule Of the sub
mission Of the matter TO the people
Therefore, feel that this spplies
: tion should he denied, and Il will b.
so ordered"