The Breckenridge news. (Cloverport, Ky.) 1876-1955, 1911-08-16
O'REAR MAKES
STATEMENT
Continued from page 3

the peoples Legislature? In this there
Is no ground for compromise, no place
for temporzing The liquor lobby is
the bellwether of the whole flock of
professional lobbyists at Frankfort. II
NEEDLES in all sorts of legislation. II
dominates the committee on morals
and religion as well as the other i'm
portant committees In the legislative
bodies. 1t and its allies have thwarted
all manner of legislation they use
their power OF blocking legislation to
trade for votes on their special sub
jects They are the most blatant and
dangerous enemies Of the State, and
yet they are in control Of the legisla'
ton of the State.
Constitution and Liquor Question.
You will have observed that have
apparently assumed in this discussion
that the constitution requires that the
county shall at some time be the con-
trolling unit in voting out the sale of
liquor by retail. IL would not be fair
debate to make any such assumption
If 1t were really an open question.
do not think 1t is open. However, GER
tain learned newspaper men have
taken the opposite position. They
deny that such is the meaning of the
constitution. Certain lawyers contrib
uting to their columns sustain their
views by expert opinions on the sub
ject. They assert, and will CT take it)
attempt to maintain that Section GIL OF
the constitution means that the pre-
cinct must be the controlling unit,
whichever way 1t may vote on the ques-
ton. These papers have gone so far
as to impute to me dishonesty in as
suming the attitude | have taken in
stating the meaning of the constitu-
| ton. They say my declaration Is
fraudulent and the construction false.
will not handy epithets. They are
neither evidence nor argument. Con-
ceding to my adversaries even honesty
| of purpose end a desire to state the
question in its true aspect, | must
| nevertheless maintain my declared
construction of the constitutional con-
struction which has also been charac-
| terized as dogmatic. My own opinion,
| in view of my interest in my own can
| didacy, might be taken by the public
with allowance, however good my OPP
portunty for having formed an ac-
curate opinion on the subject The
construction which | assert to be the
correct one is, it is true, my opinion
| as a man and lawyer. 1t is shared.
| | know, by many others more capable
| as constitutional lawyers. Still, that
would leave the question an open one
| for discussion, if that were all. The
| opinion shall from time to time be
more fully elaborated in these debates.
so that the public may have the am
plest opportunity for weighing it on it's
merits. But today | go no further
than to say that the construction for
which contend is the construction
placed on the section by the Court of
Appeals of Kentucky - the supreme
| judicial tribunal of this State - that
tribunal to which is confided by the
constitution and laws of the State the
| final, conclusive decision of such ques-
tions. The decision was given in a
case--in a number of cases, in fact
in which the question was squarely
| and necessarily presented for deter
mination, and which the Court was
bound to settle. 1t was settled after
elaborate argument before the Court
by able lawyers, who had carefully and
fully studied it, and who presented
every one of the arguments against
the conclusion reached which our adj
versares are now presenting The
court was composed of seven members,
one of whom at least was a member of
the convention which framed the con-
stitution. The opinion appears as the
unanimous Judgment of the court III
there Is now a dispute as to what that
provision OF the constitution means, to
what source must the public look for
enlightenment? To interested parties
To politicians having a race at stake
To newspapers seeking a political
issue. or serving the objecting liquor
trade? Or to that court which you
have established for the settlement for
you of just such controversies? | will
not maintain that the courts are infal'
lible, even in their construction OF
laws; nor that thereafter the public
may not refuse to accept their opinions
as conclusive when further legislation
is proposed But | do maintain that
so long as the opinion of the court
stands. IL is the law of the land and Is
|