The weekly soliphone., 1916-10-13


 be napedy against the law to sell without having first procured license, But it must be remembered that all lcrminal laws strictly construed, and thht defend Iant must violate the letter we'll the pit of the law before he can be punished and that nothgwi bel taken by intendment against defendant but on the contrary all presumptio1as are in his favor
 If proposed Act No. becomes law, 1t will be the only law regulating and controlling the sale of ntoxicat ling liquors. If after this act becomes lhw there mained upon our satute books law making itunaWful Ito sell uuor the construction conended fol by the| friends of this measure Would be correct IFol instance If had law, ndeper dent of the proposed at against the sale of liquor generally an uncondoI Ialg whisky lcoud only be sold upo compliance with the ondhons land limitations contained in tls measlre lbusch will mot be the case for this measure will repea4 tn only aW against the sale of whfsky-5he statewide ak If the| ,proposed act contained language making t uWful tO| sell liquor without l$ense from the cd |nty 9ut it| would be effective to cdry out the purposes 4rends lcaim but such language can be found II he act On the contrary the proposed measure makes lawful not unlawful to sell liquor under certa rel4lons, but does not say the sale]shal be unlawful if lc9ndi tions and regulations are not compiled Wlqh
 In the absence of strtutory law any Yone nyWhere| land at any time could sell liquor It foP Pws, therefore, Ithat law which says Qand says no moHe) tat hAuorl may be sold under certa in conditions and restrictions is ineffective because whisky could be sold under those cetain conditions and Regulations" independent of the Iact in question.
 Before the act can adcomPllsh what ls friends clam they intended it will have to e made to read different lly The act should have first said that it unlawfu to sell liquor except und(r the| mitaonsand conditions contained in the bill but such language is found in the proposed act The only prohibition onta1 1ned in the bill against the sale oil lquQr IS that qnpHcatlon (which will not do
 The proposed act contains oker whether lts friends so intended not.
 Very respectfully,
 HUDDLESTON, FUHR & FUTREI1A
 By M. P Huddleston, Prosecuting Attorney
 Concurred in by J. M. Futrell, Robt E. Fuhr, $. R.. lSinpson J. L. Light Geo. A. Burr, w. w. Randy, R. E.| L. Johnson J. c. Shane, H. R. Partlow, J. T. Craig.
 Friends and supporte lof this measure declare the bi merely repeals the statewide prohibition law thel Going law and restores the local option laws in esfence prior to the passage of the Going and statewide laws This is not true All local option laws and the Going law repealed by the statewide law and if Act Mo-
 passes will be the only law on the statute books seek ing control the liquor traffic If it's provisions are complied with saloons may be located next door to al church. school bulng residence in the heart of the shopping district Under the old local optior laws the county judge could refuse to\ grant license unless he ap proved the location of the grog-shop The urpofe oil this was afford the maxim m protection to ScetY and to legitiate business lsttutions No such pwerF are| vested in the county judge nder the provsns of Act Mo- ' finder the old laws the ,uhite w1men Ad fright Ito petition saloons out of eiven terktory nderI he three-nile aw Under Act Nd this right sRken vIfom the women.
 Under the Going law tine negroes Wer glvdn no| voice in inc matter of determining whethelpr nt sa- looms should exist. Undeu Act Mo- 2 the nro vPte isl restored while the vote off the white Komens enced
 Under the old law if Greene county voh wei and Parapould voted dry the judge could not iue license for saloons in ParaeoulH Under Act Mo- the tudge| would be branded feton and sent to the entehtiary one wear if he refsed to grant icese fosaloo ons in y,oa.o,1l 4lo,,, +lo Lotnrc to main mpI havh cast