The weekly soliphone., 1916-10-13

Lns.s snbiect to inc restrc kansas except
 reguaons herein seions and regulations here
 hner mentioned matter mentioned. Il
 Ben Griffn's booze bill that he is trying to pussy foot into law under the seductive guise of focal self act designed Ben says to restore to the people the rights that have been taken from them by the legislature that passed the statewide prohibition law isl loaded with joker that makes it the most dangerous piece of legislation attempted in Arkansas in forty years According to eminent legal authority the bill nowhere provides that liquor shall not be sold without license lt starts out with the significant declaration that from and after the passage of the bi t shall be lawful to sell liquor n Arkansas under certain restrictions that are enumerated in succeeding sections The inference might follow that it would be unlawful to sell without ob- serving such restrictions, but lawyers insist this IS - putting to the act meaning not expressed III the lan- qJage itself and that under the rules governing the con- structon of criminal statutes nothing can be assumed or implied The of this country have never attempt ed to read into criminal laws meaning that the laws themselves do clearly express plain and under staneiahle language. Nothing taken by intendment When defendant is aIraigned charge of volatng any criminal statute it must be shown that he has trans gressed not only the spirit but the letter of the law ln state must put it's finger the thou shalt not and the tus saith the law. is not enough to say certain acts legal under certain restrictions and regulations 1he law must expressly provide that it shall be illegal ex- cept under these restrictions
 The old laws regulating the sale of liquor said "lt shall moi be lawful to sell alcohol etc.. without first procuring license from the county court etc., thus in the beginning declaring the illegaty of the traffic l a general way and following with the excepuons under which it might be engaged in. I
 Act Mo- begins as follows: Thereafter the sale off alcohol etc., is hereby made lawful in Arkansas, subject so tE,e restrictions and regulations hereinafter men, tioned.'
 If anywhere in the subsequent sections the act de- clared specifically it unlawful to sell except underl the regulations and restrictions mentioned, the measne| would be considered sound but nowhere in she act IS hsre any positive inhibition against the sale of liquor
 Under an interpretation placed upon the act by| Prosecuting Attorney M r. Huddleston, Senator J M Ftrel Robt E. Fuhr and concured in by $. E. Simpson, j. L. Light Geo. A. Burr, w. w. Randy, J. T. Craig, J. C. Shane, H. R. Partlow and R. E. L. Johnson, saloons may be opened anywhere in Arkansas immediately fol- lowing the adoption of this measure by vote of the people They declare under the plain provisions of this act no license will be necessary, bootleggers and blind tiger operators would be immune from prosecution sa- looms could be located in the rural districts and no safe guards or restrictions could be thrown around the traf fc unless the saloon men initiated an election and se cured license from the county court, in which event they would be subject to the restrictions mentioned n the bill But if effort is made to comply with the in- a requirements of te the vendor of whisky would not be subject to those requirements. 1.
 The opinion prepared by Messrs. Huddleston Fll- ell and Fur and concured in by other attorneys is as follows
 Paragoud, Ark, Oct g. l916 The Daily Press
 City.
 Gentlemen:-
 We are in receipt of your favor advising that Ben Griffin who is campaigning the state in behalf of pro- posed Act Mo- 2 has taken issue with statement made by J. M Tutre under the name of this firm to the eff c 1oxxy