The log cabin Democrat. [volume] (Conway, Ark.) 1908-current, 1914-02-11
MOOSE PUBLISHES
MISSING OP lN|ON
GOING anti LIQUOR ACT
is HELD UNCONSTITUTIONAL
SA DISCRIMINATING AGAINST
THE NEGRO.

Little NOck, FeD. l0.-SeVera
weeks ago an opinion which ATTORNEY
General Moose had written declaring
the Going liquor act demonstrations
mysteriously disappeared from his
office. While the context was not made
public at the time, the fact that il
mad been written was not denied by
Judge Moose, and today the text of
the purloined opinion was made pub
lie.
Since that time" says General
Moose, Il have been freely criticised
by some who favored the saloons and
by others who opposed them, and by
several newspapers in different parts
of the state. Some ministers of the
gospel have expressed surprise and
regret that | had gone wrong One
newspaper said editorially that dis
closures growing out of the disappear
ance of the opinion placed me in a
very unenviable attitude.
THAT my desire to withhold the
opinion while applicants for license
were engaged in a legal battle and
spending their money in an effort to
obtain their rights under an act which
was held by me to be unconstitutional.
stamped me as a trimmer and as one
not fitted for the position of attorney
general. Other newspapers have ex-
pressed surprise that l did not give to
the public reasons for an opinion of
such interest to the state.
Now that practically all of these
cases pending in the county courts
have been decided, except one or two.
Judge Moose is making it public. He
says, further: "Most of us have a
mild contempt for a person who has
not the courage of his convictions, al
though he may be otherwise decent.
1t seems to me no enemy of the sa-
looms could reasonably censure me for
giving out an opinion that an act of
the legislature intended to promote
temperance was void because in con-
f1ict with the constitution. | had
nothing to do with the preparation or
passage of the act, and cannot Justly
be held responsible for its provisions
was asked, by one entitled to my
opinion, whether or not the act was
an ct n nj Hho L. J.
land am one of them would have
approved reasonable opinion from
me to the effect that the act was con
stitutional and valid; and would moi
have criticised me for giving it public
ly while the cases were pending in tht
lcourts.
"No one is bound by my opinion
not even myself, for | have changed
and reversed several of them during
the last year. My purpose now in Civ
ing out the opinion is that my friends
who may be inclined to differ from
me, may have the reasons which con
WINGED me that the act was in confic
with the constitution. My motive il
so doing is entirely selfish, if a desir,
to retain or regain the good opinion
of my friends is selfish"
The opinion is quite lengthy. TIL,
attorney general says in part
''lf the act is unconstitutional, it i.
because it attempts to grant privi
leges to white citizens which it with
holds from negroes. The act author
ICES white adult people of any city OF
town of the state to sign petition t.
the county court for the issuance ot
license for saloons, and if a majority
of the white people sign such petition
the court is authorized to issue the
licenses. Negroes and other people
who are not white are denied the right
to sign such petitions, and are not
even allowed to be counted as being
opposed to them. They can have moth
ing to say under the act for or against
the saloon. White citizens may ex-
press themselves effectively on one
side or the other, but blacks may not. y
The attorney general cites the con-
stitution, which provides that "The
general assembly shall not grant to
any citizen or class of citizens privi-
leges or immunities which upon the
same terms shall not equally belong
to all citizens" He says, commenting
upon this:
"The negro is a citizen. No one
will deny his citizenship. Does the
Going act grant to the white adult
citizen any privilege or immunity
which it withholds from adult white
citizens? If SO. il attempts to do what