The Detroit times., 1912-05-09
'ays Committee Ignored War
rer-C ramton Statute Because
1T Would Work Injustice
OF SALOON
BUSINESS is ILLEGAL
Gtog-Shop List Would Have
Been Cut Had Plain Intent
of Law Been Followed


teknth ward, stated to The Times,
Tuesday night. that as chairman OF
thu council committee on liquor reg
ulttion, he did not follow what he
cohsidered the spirit Of the Warner
Crhmton law IN granting licenses TO
persons, who purchased the business
OF ,saloonkeepers. The Michigan Anti
Haloon league has contended that the
Krhnting Of such licenses-and here
are scores OF them-was clearly IL
LEGAL.
Mr.. Ellis was asked what he
thought of the Warner Cramton law
frtm his observations of II as chair
man OF the council committee on
LIQUOR regulation.
II don't think much of it," he re-
upbnded.
What defects do you see in it'"
he was asked.
why, arst, the law was evidently
drafted by a person from q smaller
4 city than Detroit, someone who was
not familiar with conditions as they
dat here In reference to our saloons.
d think the law would work injus-
dds II followed literally. Take. for
bdlt up by family In moderate cir
Substances. In many such places
mdaia are served. and those meals ara
cooked by the women in the family.
They have. all worked hard for years
to make the business profitable and
them for certain reasons they find IL
necessary to leave II. Now, If We re-
fused to grant a license to continue
anttlA coll and
We would be destroying their business
/ Say that would be an injustice"
fDo you understand the Warner
4 crhmton law to forbid you to grant
iicknse under such circumstanees!
he| was asked
III believe that was the purpose In
the mind OF the man who drafted the
law he replied. II believe that was
the spirit and intent OF the law, nut
Il we did not follow 1t because II Wouia
work injustices. That Is where think
the law is lame. -, .-.ssy.rt
There Is another provision IN the
Law would object. to and that Is the
clause which forbids us to grant NJ
cetses to aRy. person who has served
bentence ina penitentiaFy- TX a
yohng man who has fallen ana mas
BEEN punished by . sentence In the
pekitentiary,s should lead an upright
life. why should the council keep him
OUT Of D. legitimate business? fon
wouldn't hold such an offense forever
against q man In any other business
don't believe IN the justice OF sucn
ban on ex4conyiots as has been plac-
Cd IN the Warner Cramton law. ! have
altays understood that laws are not
B retoactive. The Warner-C ramtcn
la4 would seem To- forbid M 20 grant
q license to man VINO was sentenced
70 the penitsntiarF prior 20 thu time
when the law was passed. The clause
might be unconstitutional on that
ground" 'j--r
Aid. Ellis pointed to the careers of
sope ~ the ex-conyicts named by
Prosecutor shepherd with the state
ment that, they were all convicted be-
fore the Warner-Cramton law went
into effect, Some Of them had receiv-
ed license and were engaged In the
saloon business when the law was
paVsed. and later their cards were
sefed by the prosecutor. Corporation
COUNSEL Lawson was asked by The
Tines as TO whether the Warner
Crhmton law was retroactive and his
rely win put Qnietus on the efforts
OF the ex-convicts to get licenses this
itThe law is not retroactive" said
Nd lawson. at 10 a police measure
ana II states that whoever has been
cohvicted and confined In the peni-
tertiary cannot be granted license to
conduct q saloon. We cannot get
around that"
1fr. Lawson pointed to the following
accepted definition Of a police meas
urk az contained In the Encyclopedia
Of Law:
fThe police power IL an attribute
OF Sovereignty and exists without any
retervation In the constitution, being
founded upon the duty OF the state to
protect its citizens and provide for the
safety and good order Of society"
eThe fact that the Warner-Cramton
law Ii q police measure precludes il
from being unconstitutional" said
Mr. lawson. IF II we're not q police
measure Il would be unconstitutional
IN q dozen or more different ways,
chiefly as taking property without due
process Of law. The law gives the
council the power TO take any mans
saloon business away from him. 1t is
only constitutional because the state
has police powers over the saloon. ''-
Mr.. Lawson, through Assistant
James II. Lee; gave an opinion TO
the Council committee on liquor regu-
lation. Tuesday afternoon, that con-
hnement In the House OF Correction
and the Adrian Reform School
could not properly be classed as
cohiinement In penal institution as
referred to In the Warner-Cramton
lac. This opinion was asked with spe-
enc reference to the case of Steven
Kdsmitxki, who served two years in
fhl Adrian reformatory for destroying
PROPERTY. and Joseph Novak. who serv.
od| sentence I'm the Detroit House
Of Correction for burglary. The cor
notation counsel holds that there are
noIlegal obstacles TO the granting OF
IIcknses 10 these men. The committee
viii consider the matter Friday.
no Give vsfers chance 60 EaroII.
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