The daily progressive-miner., 1916-05-06
SAME PROCESS
 AS LAST YEAR
ATTORNEYS FOR LIQUOR DEAL FRS ARGUE THAT STATUTE DOES NOT PROVIDE FOR
 ELECTION.
(Juneau Dispatch.)

l he would follow the same plan TOT determining the local option situa- tion affecting issuing of retail liquor licenses in effect a year ago. Under this ruling of the court census to determine the population within two miles of any community where license is to be granted must be taken, followed by an "election" at which a majority of those on the census must vote wet in order that the court can issue a license. How ever, as in effect last year, any resi- dent not on the census list can swear in their vote at the near-election. The elction is to be under the direc- ton of the. United States commis- sioner. All expenses of the census and election is to be borne by the license applicants. The election is to be held in Juneau on June l.
 Represent Dealers.
 William Holzheiner, representing the retail liquor dealers, pleaded with the court in behalf of the ap- plicants. He told the court an un- necessary burden of expense was being added to the applicants, point ing out the referendum election ordered for November.
 George Irving, representing the dealers association, quoted an ex- haustive brief to the court touching on the legal status of the case at the bar. Arguing, he said:
 Quotes the Statutes.
 Tt is manifest from the reading of the law, that it was the intent of Congress, that the intent of the citizens of the community, not only to say whether liquor should be sold at all, but also to say who shoud have the right to sell it; a majority of the people of the com munity within two miles of where the liquor was to be sold might be perfectly willing that John Doe might sell liquor, and be unwilling to grant the privilege to John Smith.
 The provision of the law that no further consent will be required for the period of 12 months after con- sent bAs been obtained, is simply to prevent the necessity of a person holding such license from being har- rassed in the enjoyment of same for the period of one year.
 There is absolutely nothing in the law which intimates that it was the intention of Congress that an election might be held for the pur- pose of ascertaining that the con- sent of a majority of the citizens, and that such consent when so ob- tained should be binding upon the community for the period of one year. There are no rules or regula- tions in the statute for the holding of such elections; and had Congress intended that the consent of the community was to be expressed in such a manner it would have surely provided the ways and means for the holding of such election at the time of the passage of the act; on the other hand Congress has pro- vided and it is SO written in the act tiie mode to be adopted-via: by petition.
 Rights of Citizens.
 Furthermore it is clearly evident from the reading of the statute, that the citizens would have the right to say in what section of any com munity liquor should be sold. 4 majority of the citizens of a com- munity may be willing that liquor may be sold in one part thereof and would refuse to give their consent to the sale of liquor in other places in the community.
 This right clearly given to the citizens by the law cannot be abridged or taken away from them by the Court, by holding a general and thereafter substituting the judgment of the court for the Judgment of the people of the com munity as to the place where liquor shall be permitted to engage in the business.
 "As an illustration: In the boom days of Cordova. Alaska at one time in that community there was 20 saloons licensed, the citizens of the town felt there was too many and refused to sign petitions for more saloons, thereby exercising their clear and legal right under the statute; right which if an election had been held and the town voted wet and the court had seen fit to grant more licenses would have been taken away from them simply be- cause majority of the people of the community was not in favor of strict prohibition.
 Disorderly Places.
 Tt has frequently occurred in the