Pine Bluff daily graphic., 1914-04-07
GOING LAW HELD
 CONSTITUTIONAL Argenta Case Reversed and demanded for Another
 Trial. ANT1S WILL APPEAL Question to Be Taken to the United States Supreme Court-kirby
 Did Not Participates.
ANTIS WILL APPEAL

l-lltle ROCK. Apfll b.-lhe Com 2 liquor law was declared constitutional i'll decision handed down yesterday morning by the supreme court in the case of Mcclure vs. Topf X Wright,
 which was reversed and remanded to the Pulaski circuit court for a new
 trial The opinion was reached by four justices. Judge Kirby not partici- pating in the deliberations on this
 case and twelve others in which deci-
 sions were announced yesterday. In passing on the matter relative to circulating petitions for saloons and the right of the state to make laws ir- respective of the United States law in connection with the liquor trade the decision says:
 Power of Legislature.
 Tt is not doubted that the legisla-
 ture has the power to make the writ ten laws of the state unless it is eX-
 pressly or by necessary implication
 prohibited from so doing by the Con-
 sttution, and the act assailed must be plainly at variance with the Con- stitution before he courts will declare lit invalid
 The decision goes on to state:
 "In regard to the objections that he act in question is in conflict With the fourteenth amendment of the Unit d States Constitution it may be said that it has uniformly been held by the Supreme Court of the United States that the right to engage in selling lh- toxicating liquors is not one of the privileges or immunities of cltlzens of the United States which the state art forbidden to abridge by the four teenth amendment to the Constitution. "The courts generally treat the liq- uuor traffic as being wholly within the control of the state through the ex- srcise of it's police power and It's sale may be regulated or restricted as the atate may see fit, even to the extent of total prohibition.
 Constitution Not Violated. "The fifteenth amendment to the Constitution of the United States de- clares that the right of the citizens If the United States to vote snail not be abridged by the United States or Inv any state on account of race, color or previous condition of servltude.
 Tho evident purpose and object Of the fifteenth amendment is to secure the right of citizens to vote Ill electlons contemplated by the fourteenth amendment. For the reasons hereal- ter given statutory proceedings to op- tain license for the sale of intoxlcat- inp ,iouors. such as the one under consideration, are not elections ana are not, therefore, in conflict wl'h 'he fifteenth amendment.
 "But the principal reliance or coun- sel for appellees to uphold )uoglheii. n" of the circuit court is that the act Ill ouestion is in violation of Artlcle N' Section IS, of the state Cohs'''u''o'' which is as follows: ho ".The equality of all persons De, }, Yora the law is recognized and snail ever remain inviolate, nor snail any c;tizen ever be deprived of any right' nriyilege or immunity or exempt Holl
 anv dmtv on account of race, color or
 previous servitude. The Gehera, Ass
 sembly shall not grant to any cl''ze''
 or class of citizens privileges or m
 munities which, upon the same 'ernHe
 shall not equally belong to al! classes.
 :aThey insist that proceedings re- nnired by the act as prerequlsite .e
 The granting of license by the county
 court is an election and that to uens
 colored people the right to vote you.
 be a violation of that clause oi oo. | -s--.,o>,u,N1Ii77ED 0N PAGE SIM