The Delta independent., 1913-06-27

ment papers; the writ should be de-
MED. In his argument, he said, among
other things:
The peculiar condition of affairs
existing in the town of Hotchkiss.
where this offense was committed.
rendered it precarious to prosecute
any person for Illegally selling LIQUOR
in that town under the provisions of
the local option law of 1907. The re-
cords of the town of Hotchkiss will
show that vote of its people was regu-
larly taken under the local option law
upon proper petition, and that a ma.
jority voted in favor of making Hotch.
kiss what is known as anti-saloon ter.
ritory. This result was announced
and made public. But this was all.
Ihe local option also provides that the
result of the vote, that is the total
number of affirmative and negative
votes, together with a legal descrip-
tion of the territory within which the
vote was taken and to be affected
flee of the county clerk and recorder
whereupon the local option became eff.
fective. 1t appears, however, that
neither the judges of that election or
the officials of the town of Hotchkiss
had caused this vote to be SO record
ed. the effect of which was to render
the vote SO taken nugatory and of no
legal effect under the local option
law. For this reason, the defendant
in this case could not have been prose-
cuted under this law.
Neither of the other sections re-
ferred to can be construed in any man.
ner as bein applicable to the case at
bar Section 1899 applies only to the
failure to take cut and pay for a state
license for permission to embark In
the regular business of retailing Ii
quor as a mercantile pursuit 1t ap-
plies only to regularly established
saloons and such grocery houses as are
granted liceEses to dispense liquor at
retail. 1t pcrtaias to the laws govern
ing state revenues and the penalty
prescribed for thus Coirg business
without license Is in tie sum of 800
/ for each and every day the person
SO charged continues to do business
without license. each day constitut-
ing separate offense. 1t is self evil
dent, from casual perusal of this
section, that it is not applicable to
cases of the character row under con-
sideration ard cannot be teld to apply
to the clandestine sale of liquor with
out license.
AS far AS the other remaining sec.
tion is concerned, section 1893, and
examination will reveal the fact that
it applies only to sales of liquor made
without license in territory lying in
any county outside of the limits of an
Incorporated town OF city and more
than one mile beyond the outer boun.
daries thereof The evidence in the
Miller case showed conclusively that he
sold the liquor, without any license
within the limits of the town of Hotch-
kiss, at his barber shop. and this, be
ing true, carried the case outside the
provisions of this statute.
"If it is contended that the three
sections discussed are the only sec
tions under which a prosecution like
this can be had, then there is no law
in Colorado prohibiting and Furnishing
the offense of which the defendant
Miller has been found guilty. | do moi
agree with counsel that section 1895
has been repealed. These four sec
tions relate to sales of liquor under
entirely different conditions. There is