The Democratic banner. (Mt. Vernon, Ohio) 1898-192?, 1914-11-10

ulatory laws now on the statute books.
Under the Wheeler Interpretation,
which was used extensively as an ar
gument against the amendment dur
ing the campaign, there are noTonger
any regulatory laws. If there are no
laws then saloonkeepers could not be
punished for ignoring them, and the
provision of the license law, which
makes it possible to annul license for
the violation of regulatory law, would
be without effect. The license COM
missions would be unable to revoke IL
censes, say, for violation of the mid
night law, if there was no midnight
law in effect.
However, the construction placed
on the amendment by Governor Cox
and the state license commission is
far different. The governor and the
commission hold that all regulatory
laws are still in effect They hold that
the very statement of the supporters
of the amendment, issued by these
ouDDOi IClo anu W 0btly
voter in the state by the secretary of
state, upholds their contention. This
statement says expressly that the
amendment does not interfere with
regulatory laws.
There is even greater uncertainty
about the question relating to the is
suance of licenses to the saloons to
be established in newly wet territory.
Even the state license commission
Thursday, refrained from making any
statement regarding its belief whether
saloons may now be opened in dry
counties without first having received
licenses. Since there are no license
commissioners in aEy of the dry coun-
| ties, no licenses can be issued until
such commissions come into existence.
And 1t is up to the state license COM
mission to appoint the county boards
of commissions.
The state commission might refuse
TO appoint commissions for the newly
wet counties. In that case no H.
censes would be issued. Saloons
might be opened meantime in the new
! ly wet territory. The state commits
sion then would have to take the ini-
tiative.
However, the state commission in
timated Thursday that it would ap-
point the county commissions in the
very near future Members of the
commission said they had written to
the federal census bureau for esti-
mates of the population of the various
counties and localities involved in the
new territory. Other plans also are
being made to extend the license sys-
tenn into the new territory, the COM
mission hinted.
Meantime. opponents of the license
system will carry into the courts their
| contention that the license system
cannot be operative in any of the ter.
rtory affected by the new constitu
tional amendment.
|
come to a point for 30 days, since no
amendment to the constitution under
the new Initiative and referendum
plan can become operative for 30 days
after the election at which the amend
ment may be adopted.
The question whether saloons car
be opened in townships having nc
municipalities, whether such town
ships were made dry under the county
or township option, is another OF
which the supporters of the new
widely The Anti-Saloon league al
during the campaign argued that ths
amendment would nullify township
option laws insofar as these laws af
fected townships having no municipal
tiles. The supporters OF the amend
ment argued that the temperance
forces were attempting to miscontru'
the purposes and intent of the fran
ers of the amendment In other word.
the supporters Of the amendment helt
that 1t would not Interfere with an!
hut the county option law.
Consequently they held that /
would not much effect territory In ci
ties as was made dry under residenc,
option petitions. The drys hold tina
even this sort of dry territory Is nov
endangered.
There Is no question but that som,
. OF these points will be threshed out II
court before they shall be ultimatel.
decided Many constitutional law
yers hold that, In constructing th
amendment. .he courts will take int
consideration not only the words 0
the amendment itself but also th
statements and the arguments of 1t
supporters. These statements and al
guments have an official touch sine
they appear In large part In the sta G
ments sent to the voters by the secre
tsry Of state.