The Cordova daily times., 1915-12-14
DENVER INSISTS ON RIGHT ID
 REMAIN WET

DENY Eh, COiO., beC' H. iAop lens affecting national. state and mu- nicipal revenues and legal controver- .ssies have grown out of the enact ment of statewide prohibition laws in Colorado, effective January 1, 1916. Legal questions involve efforts to ob- tain referendum vote on the statu- tory penalty law and the right of cities operating under special char ter to regulate their liquor traffic.
 Under the peoples mandate, given at the general elections November 3, 1914 fourteen breweries and more than 1500 saloons will be closed, cut ting off more than a million dollars revenue of federal state and munici. pal governments annually received in various forms of taxation.
 Prior to the adoption of the con stitutional amendment a large DOT tion of northern Colorado was dry territory under the local option law passed in 1907. Colorado Springs, third largest city. excluded saloons. the late General William L. Palmer. who laid out much of the land upon which the city was built, having barred saloons in deeds to property.
 The vote of Colorado electors on November 3. 1914, on the prohibition constitutional amendment was. For 129,589, against 11S,O17 Denver alone returned a "wet" majority, the fig ures favoring retention by approxf- mately 10000. George A. Carlson. an avowed adherent of the "drys." was elected governor at this time.
 The ensuing legislature enacted a measure designed to enforce the pro hibition amendment and to provide penalties for its violation. This law NdS SndSleu Dy d uuduiuIOus NOt6 III the senate.
 Violators are subject to severe pen. alties. First offences are made mis. demeanors carrying fines of $100 to $300 or jail sentence of thirty days to six months, or both Second or subsequent offences within five years are made a felony, punishable by a penitentiary sentence of from one tt three years for an individual, or a fine of $1,000 to $3,O00 for corpora. tions. Officers refusing or neglect. ing to enforce the law are subject to being busted from office.
 Advertising or soliciting intoxicat- ing liquor for sale Is prohibited.
 Any building used for illegally handling liquor is subject to being closed by the courts. Liquor, or If. quor containers found on the proper. ty are to be held without property rights pending the decision of the court.
 AS to civil liability. the law pro vides that any person injured or whose property or means of support has suffered at the hands of an in, toxicated person shall have right of action against any person or firm that illegally furnished the liquor.
 At the Denver city election, May 19, 1915, the electors by a vote of 21,S72 to 18.722. authorized the addi. tion of an amendment to the charter empowering city officials to issue saloon licenses and assume general supervision of the liquor traffic. The enactment of the amendment formed the basis of friendly suit to deter mine the constitutionality of such legislation by cities operating under special charter, and at the request of Governor Carlson the supreme court accepted original Jurisdiction in an action brought to prevent Denver authorities from issuing a saloon H. cense to August Koch, extending be- yond January 1, 1916.
 Counsel for the state argued that 1t possessed authority to enforce the constitutional and legislative prohibi- tion enactments, and that cities op- erating under special charter had no more right to adopt legislation in con travention than they had to provide penalties for murder or other crimes Attorneys for the city held that the charter, granted by the legislature gives the city authorities peculiar powers with reference to liquor su-