Arizona republican. [volume] (Phoenix, Ariz.) 1890-1930, 1911-01-15
THE HERL|CK CASE HEARD
Striving to Get at the In
tent of the Legislature in
the Proviso or Exemption
of the Six-Mile Limit
Law OH Public Works.

II will probably be known early this
week whether there will be drOuth in
Phoenix in consequence OF the opera
tons on the Center street bridge and
whether the drouth will be continued
indefinitely in consequence of similar
operations within six miles of this
city.
The case of Hans Herlick against
the board of supervisors. an applica-
ton for a writ of mandamus to com
pei the board of supervisors to grant
him a saloon license, Notwithstanding
the law of the legislature of 1903 pro-
viding that no license should be granted
for the sale of liquor within six miles
of any railroad camp or public work
where as many as twenty-five men are
employed. was heard by the supreme
court yesterday.
There was a large attendance, con-
sisting of the leading prohibition advo-
Gates Of the city, prominent members
of the w. c. T L. and representatives
of the saloon interests.
Arguments were made i'm the morn
ing session by Hon. Eugene :. Ives in
behalf of the petitioner. and by District
Attorney Billiard for the board of SUI
pervisors. In the afternoon Mr. Sea
bury completed the argument for the
applicant and Judge Nave for the
board In the course of his remarks,
Judge Nave said that his task was
labor of love.
The arguments were generally brief.
That of Mr.. Billiard was a logical de-
Tense of the law and that of Mr. Ives
a most vigorous attack upon il from
three sides. He declared that il was
imperative. that it had been repealed
by the license act Of 1907 and that
especially at any time it was inoperat-
i've as to cities and towns.
In reply to the theory that the act
had been repealed, Mr. Billiard said
that had not been done inasmuch as
the act of 1907 had not gone to those
matters covered by the act of 1903 at
all. He argued that on the theory of
Mr.. Ives any legislation on any phase
of any subject would repeal all exist
ing legislation on that subject
Throughout the debate there was a
great deal of discussion as to the mean
ing of the words grant and issue"
and the words section" and act"
was to get at the intent of the Iegisla-
ture which passed the act. II was well
known what was the pun pose Of the
act: that was not to affect the saloons
of the cities and towns. But, accord |
ing to Mr. Bullard. the court could not |
be guided by any extraneous iBforma-
ton 1t must gather the meaning of |
the act from the language itself
The law consists of two sections |
The first contains the prohibitory |
clause and the latter the penal clause |
with certain provisions around which |
the fight principally ragged.
Mr.. Seabury devoted himself almost
exclusively to this phase of the dis
cussion. The proviso is as follows:
Provided, the provisions of this act
shall not apply to sales (of liquor |
made under a license issued by any
county in an Incorporated town or city /
nor to those outside the corporate linn
its OF cities and towns which may have
been established six months prior to
the beginning of said work within said
six mile limit"
That provision was ambiguous. Mr. II
Seabury admitted but if it meant any
thing. in his opinion. it meant that the
law was not to be applied to in
corporated cities and towns at all, nor
to such places outside of the cities and
towns as had been established prior
to six months before the beginning of
the work. The six months limitation
could have been for no other purpose
than to prohibit the establishment of
saloons at or near such works. No 9TH
er construction could be placed upon
the provision which should be con-
strued with the first section.
Judge Nave devoted himself TO the
matter OF the first section and TO the
prohibition placed upon the supervis-
Ors. In the course of his remarks he {
was questioned by Justice Doe and
Lewis. the latter asking whether the
law as he read it would not permit q
the saloons in the city to continue in
business under licenses granted them
by the city.
1t has been stated that the arguments :
were brief That was necessarily so
for one cannot find a wide field for :
languag in a guessing contest In this !
case. besides, there were no long arrays
of conflicting authorities. One of the 4,
attorneys said that he had waded in :
vain through the books in search of =
like this case, but had found :
At the conclusion of the arguments J t