The Telegraph-courier. [volume] (Kenosha, Wis.) 1888-1946, 1913-07-17
DAVE ROSE IN CHARGE OF FIGHT
Supreme Court Will be Asked for the
First Time to make Decision on the
Statute Under Which All Saloon Lii
censes in the State Are Issued.

Saloon men in Kenosha will be great
~ interested in movement started by
saloon men in Milwaukee to contest
the constitutionality of the Baker law
which is the law for the regulation of
all saloons in the state. David S.
Rose, former mayor Of Milwaukee, and
an active supporter Of the liquor IN
terests, has been retained to make the
fight on the Baker law The test will
be made by one of the men who is al
legged to have secured license illegal
ly under the Baker law. This will be
the first test Of the constitutionality of
the Baker law. In discussing the ap-
peal of the case to the supreme court
Of the state Attorney Rose said:
I'VE will contend that this statute
is unconstitutional, for several reasons.
1t provides, in substance, that there
may be one saloon for every two humid
red and fifty population. 1t provides
further that those cities which had
more than that quota on June 30, 1907,
may continue to issue the same number
of licenses they had on that day I'M
I'll the population shall have caught up
with the ratio, and after that time the
ratio shall be observed. 1t provides
further, that licenses may be issued
only to those places which had licenses
on that day except in specified cases.
eve contend that the law is void
for the following reasons among
others:
cit creates a monopoly in favor of
2,172 pieces Of property in this city,
that being the number Of licenses that
were outstanding on June 80, 1907.
cit is class legislation because it
creates a class of property owners
whose property may be leased for Il
censes and they are given that exclu-
sive privilege.
cit enables the owner of property
used for a licensed saloon on the day
mentioned to increase the rent be-
cause he is without competition and
therefore vests in him a special estate
which the other property owners of
the city do not have.
cit strikes down the right to home
rule because it denies to the people of
this city the right to decide for them
selves where the saloons of the city
shall be located.
cit is unreasonable because it ar
bitrariIy locates the saloons of the city
in the locations they occupied on June
80, 1913, for all time without regard
to changing conditions that come nat
urally and necessarily with the evo-
lutions of time.
"There is no question but what the
legislature may fix the ratio and de-
eide how many saloons city may
have, as long as it is fixed by uni
form law, but certainly the state may
not decide upon what particular lots
within city the saloons shall be
located.
'1The law confines the saloons to
the places that were occupied by sa-
looms on the day named, provides that
the city may grant 2,172 licenses, that
being the number that were in force
on that day, but does not make provi-
sion for additional places for which
licenses may be granted after the pop
ulation has grown up to the ratio.
"I have notified Lester Manson, as
attorney for the opposition of the pro-
ceeding and invited him to appear and
defend the law if he wishes, and any
others interested will be accorded the
same privilege.
9'The action is, brought in the dis
trict court upon a charge of selling
liquor without license, and Of course,
will primarily be under the direction
of the district attorney"
Attorney Lester Manson was asked
whether or not he could say if Thomas
j. Neacy would become identified with
the Rose effort, and replied that he
was not prepared at this time to ans
wer this question.