Brownsville herald. [volume] (Brownsville, Tex.) 1910-current, 1915-12-28

TO being ouStcd from office.
Advertising or soliciting intoxicating
liquor for sale j. prohibited.
ANY building used for illegally hand
ling liquor is subject to being closed bv
the courts. Liquor. or liquor contain
erS found on the property are 10 be held
without property rights pending the de
%cision of the courts.
As to civil liability. the law provides
that any person injured or whose prop.
rrty or means Of support has suffered
al the hands of an intoXicIcd person
shall nave the right Of action against
any person or firm that Illegally fur
niShed the liquor.
Al the Denver city election May 10.
i1JlJ. the electors bv a vote of 21.312 10
j.. 722 authorized the addition cf an
amendment To the charter empowering
city officials To issue saloon licenses
and as me general supervision of liu-
nor traffic. The enactment of the am
endment formed the basis of a friendly
suit tu determine the cunStitutionality
uf such legislation hv cities operating
under special charter aud az the request
Of Governor Garrison the supreme court
accepted original jurisdiction in an ar-
ton brought to prevent Denver author
tiles from issuing 2 saloon license te
August Koch. extending beyond jam
AIRY / 1916.
Counsel for the state urged that ~
possessed ithoritv a. enforce The con
stitutlnnaI and legislative prohibition
cnlCtmrntS and that cities operatir'
under special charter h1d ~ more right
"a adopt legislation IA intervention
than the, had to provide penalties for
murder or other crimes. Attorneys fo'
the city held that the charter. granite
w the legislature. gives the ,ity 49,
fh"lk ic> peculiar lirNrr> with 'rrfrr
,nrr ~ liqu0r supervision az well wv.
other matters # municipal government
Prior y" the filing of the suit. oppn
ucrt~ of prohibition fled with the ser
rotary Nh Sci; to \ petition seeking w
,aihmit thr prohibition penalty law {,
4 referendum M the next general elec
tirn. Secretary John T.. Rampr refused
M accent The r|rtitiOn on the ground
that II contained Il safety clause"
pr0viSo STIMULATING that the measure IN
necessary 10 The immediate preserve
/ ton Of the health. pcacc and safety n.
: the commonwealth. Under CnlCtadu',
initiative and rcfcrcndlm law 4 III,
.S few clause" may W. attH he'd Ia any
bill. ani was DESIGNED 70 prevent ref
%cr"ndumS. SecrrtlIN ltamcr was up-
held IN the district court Ia nandamuS
proceedings 10 compel acceptance If thc
petition and this was appealed To tn
supreme court.
On December q. the Colorado supreme
court in an unanimous opinion written
~ CHIEF Justice W. RI. Gabbert. hel
The authority of The state supreme rourt
~ cU1ci and enforce statewide prohi
bition aud that cities operating under
special charter government were with.
out legal authority 60 cOntiNur traffic
~ Intoxicating liquors after January |
1916. The decision WAS rendered in nro
cerdingS brought ~ the state and Den.
YER city c~firial> in which the court took
original jurisdiction. HI effect the N
ciSipu held ihrt the enforcement ~
statewide prohibition laws i~ includr,
IN the police powers of The cnmmon-
wealth and tiat the constitutional pro.
hibititn amendment SuperSe,leS AZ au.
thoritv that NAV hove been granted
Denver ~ other cities under special
charter government. tn control through
pol w power traffic IN intoXicantS.