The Glenwood post., 1915-12-11
Knocks Home Rule" Into Smithereens
and upho|ds the Action Of the
Voters Of Colorado
Denver SALOONS WILL CLOSE

Denver, Dec. 6.-The authority of
Colorado to enact and enforse state
wide prohibition was upheld by the gu
preme court today in a unanimous opin-
ion written by Justice W. H. Gabbert
The court held that cities governed
under special charter were without au
thority to continue traffic in intoxicat.
ing liquors after January LIST, 1916,
when the prohibition law becomes eff.
fective in Colorado under constitution
al and statutory enactments.
The court ordered the licenses issued
by the Denver city authorities to Aug
ust Koch to be. cancelled Jan.I, 1915.
Governor Carlson's qualification was
intense when informed of the court S
ruling. None of the attorneys for the
liquor interests We're in court. The
court holds that the words in the pro-
hibition amendment ':all provisions of
the constitution in conflict herewith
are hereby repealed, - supplants
all other constitutional provisional laws
and rules inconsistent with it. Tho
opinion concludes: "our conclusion is
that Denver is not exempt from the pro.
visions of the prohibition amendment
and hence the licenses issued to r.
spondent Koch, insofar as it authorizes
him to sell liquors on and after Jan.
l, 1916, is a nullity. The official re-.
spondents are therefore directed to can
eel such licenses accordingly"
Denver, Dec. 6.-At the request Of
Governor George A. Carlson the SUI
preme court took original jurisdiction
in the friendly suit to secure judicial
Interpretation of Colorado's new pro-
hibition legislation and furnish basis
for its enforcement. The action sough.
to enjoin the Denver city commission
ers from issuing a saloon license to
August Koch extending beyond Jan. l.,
1916, when statewide prohibition be-.
comes effective. The commissioners in
issuing the license based their action
on the fact that Denver is governed
under special charter granted by he
Legislature, and at the municipal cleo
tion last May the electors adopted
charter amendment which sought to
give the municipal officials authority
to continue the sale of intoxicants
ho 81 70 80 ,J,,Oi faI IN
the supreme court by Attorney General
Fred Farrar who contended that Denver
and other cities under commission gov
ernment, while they possessed certain
special rights in purely municipal mat
ters, did not obtain from their charters
authority to conduct their affairs in
contravention of state law. It argued
that the state authority was supreme
and that municipalities had no more
right to enact and attempt to enforce
ordinances in violation Of the state pro-
hibition laws than they had to fix pen.
alties for murder or other crimes.
Attorneys for the defense argued that
the Denver charter was granted by the
state legislature and gave the city au-
,horities enlarged POW ers that could no;
be taken away, ant that these special
powers extended to the supervision Of
the iauor traffic as well as to otner
matters Of municipal government.
WELL LICKED, WILL
.A- usrrrv~ rrnr%YryFN1H
That there is little prospect Of the
liquor interests attempting to recall the
decision of the state supreme court was
the opinion Of the leaders Of these In