Arizona republican. [volume] (Phoenix, Ariz.) 1890-1930, 1911-01-18
BUT ITS RIGID APPLICATION
Removes the Fears of the
Saloon Keepers as to the
Effect Upon Their Bust
ness of Other Contem-
plated Public Works.

The supreme court yesterday decid-
ed the case of Hans Herlick against
the board of supervisors, denying the
application for a writ of mandamus
compelling the board to issue him a
saloon license. thus sustaining the six
mile limit law. SO far, the worst fears
of the saloon keepers were realized.
But the decision went farther and re-
moved their fears as to the effect upon
their business of other public works
now contemplated within the city, such
as the construction of school buildings
and the federal building, which they
feared if the law were sustained as to
cities would put prohibition in force
in Phoenix for period of years.
The decision follows:
This is an original proceeding for a
peremptory writ of mandamus to COM
pei the board of supervisors and the
sheriff of Maricopa county to issue a
license to the petitioner to sell spiritu-
Gus liquor within the limits of the city
of Phoenix.
The first section of act No. so Of
the laws of 1903 provides:
Section /. 1t shall be unlawful for
the sheriff or the treasurer of any
county in this territory to grant
license to any person to sell, barter.
exchange or otherwise dispose Of malt.
spirituous or vinous liquor in less
quantities than five gallons within six
miles of any camp or assembly of men
engaged in the construction or repair
of any railroad, canal, reservoir. pub
nfh nnfprnrlSp
where twenty-five or more men are
employed.
1t is to be noted that in the case
of a public work the law in question
only applies to a public work of the
character specified in the statute and
is then only applicable where in such
work a construction camp of twenty
five or more men is maintained. In
the case before us it is conceded by
the petitioner that the construction of
the so-called Center street bridge
makes a case within the terms of the
section of the statute but it is contend
ed that under the proper construction
of the whole of act No. so and by sub
sequent legislation the provisions of
the section in question are. not appl-
cable to the case Of a license for the
sale in an incorporated city or town
The respondents aver that the sole rea-
son for refusing to issue the license is
that the section in question is operat-
i've and prohibitory.
while all the members of the bench
have participated i'm our determination
in the matter, the members are not
all in accord in their views or in the
reasons for the result reached. The
members of the bench are. however,
unanimously of the opinion that the
applicant has not shown such clear
right to the relief demanded as to war
rant the granting of the application
and the issuance of the writ.
THE application for a peremptory
writ of mandamus is therefore denied"
The second paragraph of the decision
is interpreted to mean that no public
work in the city can affect the sa-
looms for the reason that there can be
or will not likely be any camp with
in the city.
To what extent the saloon business
of Phoenix will be affected depends
upon the completion of the Center
street bridge. Calculations concerning
the end of the work range between
March / and the middle of April. If the
work should not be finished before the
latter date. every saloon in Phoenix
would be put out of business for a
time. but if the work should be done
by the first named date. only two, the
Mission and the Yellowstone, would
be affected.
The licenses of thirteen saloons will
expire on March 81. The license of the
Owl saloon expires on April 3, and
that of the Hoffman on April Is. The
license of the Yellowstone was out on
January 3, and that of the Mission will
be on January 81.
1t has curiously happened that the
saloon the expiration of whose license
precipitated this test, will not be af-
fected. Though the license of Her
ticks place expired on December 81,
the earliest of all the saloon licenses.
the business was purchased by Robert
Fromm who transferred to ii the
licenses granted him for the Hoffman.
That win not expire until June %. The
Hoffman is being conducted under a
license granted to Gammell & Gibson
issued on April Is of last year before
the sale of the saloon to Fromm.
But there is one town in the terri
tory which the decision thoroughly
dries up-Yuma, which lies within six
miles of the Laguna project operations.