The weekly soliphone., 1916-10-13
1IRIF FMS LIQUOR ACT NO. 2
WFU 10 Sell ntoxiant Arkansas License Local Attorney

Proposed Act No. expressly repeas the statewide law Of course, every lawyer knows that by the conn mon law the sale of liquor NOT prohibited and that every one could sell liquor without subjectng himself to any penalty whatever and that the common law is in force in the state of Arkansas except where repealed abrogated by statute.
 It therefore follows that if proposed Act Mo- 2 should be adopted would be the only law nhbiting or pnshng the sale of liquor The question, therefore, is, Docs Act No inhbit punish the sale of f>quor without icense?" The to this question must be gathered from the act itself
 To make plain it's purpose, in addition to expressly repeating the statewide law, section expressly pro- vides that Thereafter the sale of * liquor * is made lawful in the of Arkansas, subject to the strictons and regulations hereinafter mentioned"
 Now the question is, what restrictions and regula tions hereinafter mentioned?
 Sections two and three provide how election the license question may be initiated called and hed but there is no provision anywhere in either of these sections that it shall be unlawful to sell until the election is in itiated, called and held.
 Section four provides that the county judge SHALL issue license if majority voting in said election have voted @For License" but contains provision that it shall be unlawful to sell without license.
 Section five provides the qualifications of the - censees the time place and of conducting the saloons but nowhere provides that it shall be unlawful 10 sell without license
 Section six Llovides how license may be obtained but nowhere provides that shall be unlawful to sell without license.
 Section seven provides for both wholesale and re tail license, but nowhere provides that 1t shall be lawful to sell without license.
 Section eight provides the amount and manner of paying licenses, bast nowhere provides that it shall be unlawful to sell without license Y
 Section nine provides the duration of the license, but nowhere provides that 1t shall be unlawful to sell without license
 Section ten provides that two years shall eapse until another election be held but nowhere provides that it shall be unlawful to sell without license.
 Section eleven provides for the manufacture and sale of native wines but nowhere provides that it shall be unlawful to sell without license.
 Section twelve provides for the manufacture of * liquors but nowhere provides that it shall be un lawful to sell without license.
 Section thirteen provides for the giving away of liquos but nowhere provides hat it shall be unlawful ito sell without license.
 Section fourteen makes it felony for any one to neglect fail refuse to perform any duty imposed by the act unless the selling of liquor is made duty then this section nowhere provides that 1t shall be unlawful to sell without license.
 Section fifteen makes it misdemean0r to violate any of the provisions of this act relating to the facttre sale giving away of liquor, but nowhere vides is shall be unlawful to sell without license
 Section sixteen provides that the laws governing the initiation of laws shall apply and govern the crcula ton of election petitions for license but nowhere vidcs that it shall be unlawful sell without license.
 Section seventeen fixes the rule for determining when ten per cent of the electors have signed petition calling an election For icense but nowhere provides that it shall be unlawful 10 sell without license
 Section eighteen defines the word person used in the act but nowhere provides that it shall be unaw fu to sell without license
 Section nineteen defines the word liquor as used in the act but nowhere provides that it shall be unlawful to sell without license.
 Section twenty repeas the Going and statewide laws and all other laws in conflict It then provides that all laws regulating relating to the sale of liquor not