The Sentinel=record., 1914-04-07

slsHefs 10 the petition and the pres
 entation thereof to the county court
 was an election, for the law, as it
 then existed permitted adult fe-
 males as well as adult males to sign
 a petition praying that the sale of
 intoxicating liquors be prohibited by
 the court The court had already held the act constitutional If such a proceeding was an election, the
 court could not nave held the act | constitutional, for under our consti- ] tuition only male persons over the age of q years with certain other qualifications as to residence afSe al lowed to vote, The court only said that the proceeding was conducted in like manner as an election To say that a proceeding is analogous to or like an election is quite a different thing from saying it is an election
 Counsel for appellees rely on the case of Leon Levy eX parte, a Pine Bluff case, as conclusively sustaining their position that the act under consideration denies the adults of the colored race privileges and immunl ties that are granted to the adult wAite inhabitants and is therefore viOlatiye of the clause of our consti- tuition quoted The language of a decision must be read with reference to the facts before the court and the principles of law which they present for consideration and determination. Levy had applied to the county court for license to retail liquors in the cty of Pine Bluff and had fully com piled with all requirements in that regard.
 At the last preceding general cleo ton a majority of the voters of the county and of each ward in Pine Bluff had voted in favor of license. The county court granted the license to Levy. The court held that while the court might have refused him li- cense for good cause it could not adopt the policy of granting license to others and arbitrarily refuse him, for such action would deny him a privilege given to others and would be in violation of the state eonsti- tution
 Tn the act under consideration members of the colored race are not excluded from engaging in the busi- ness of selling intoxicating liquors upon the same terms as members of the white race The act under con sideraton provides that the county court may issue license when a ma iority of the white adult inhabitants Of an incorporated town or city shall have signed a petition asking that license be issued, provided that a majority of the votes cast at the last general election were for license
 It will be noted that the county court is not required even then to issue license, but it may do so if the conditions prescribed by the statute are complied with As we have al ready seeen the statute requiring license should only be issued on the recommendation of property holders, taxpayers and heads of families, etc, have been sustained.
 'If the position assumed by the counsel for appellees is correct such statute would be open to the obiec- ton that the class of signers which are designated are given privileges and immunities which are not grant. ed to other citizens. The lawmakers are presumed to be familiar with moral conditions as they exist in this state and to know what class of citi- zens could best give proper informa- tion as to the evils that might r, sule from the liquor traffic. The lawmakers doubtless thought that the class designated in the statute knew best whether the granting of license to sell intoxicating liquors would be dangerous to the morals of the community and likewise to re suit in injury.
 Such action on the part of the legslataure did not give the persons designated in the statutes a privilege, but only imposed a condition upon the traffic in intoxicating liquors.
 We are of the opinion that it is we'll settled by the courts of the country that the statutes imposing conditions on the business of retail ing intoxicating liquors, though such conditions may be more onerous than those imposed upon other businesses,
 Therefore we are of the opinion that the act under consideration is not unconstitutional, but is valid exercise of the legislative power It follows that the judgment of the cir vuit court must be reversed and the cause will be remanded for further proceedings according to law" The opinion was handed down by Justice Hart.