The weekly tribune and the Cape County herald. (Cape Girardeau, Mo.) 1914-1918, 1916-10-05
PROHIBITION TO
BE VOTED ON AT
COMING ELECTION
Supreme Court Holds Sec
rotary Roach Had No
Right to Reject It.
WOODSON AND GRAVES
SAY ROACH is RIGHT
Judges Will Put Opinions in
Writing, Giving Reasons
for Action.

Jefferson City, Mo-, Sept. 3O.--By a
vote of a to 2 the Supreme Court in
banc this afternoon awarded peremb-
tory writ of mandamus to compel Sec
rotary Of State Roach to place the pro-
hibition amendment submitted under
the initiative and referendum upon
the official ballot for the general cleo
ton November Z.
was very much different from the one
that has just Won a place on the bal
lot by litigation.
The 1910 amendment simply prohi-
bited the sale and manufacture of in
toxicating liquor in Missouri. The vote
for the amendment was 2O7,281 for
and 425,4O6 against, or a majority adj
verse to the proposition of 21S,125.
Not only does the amendment ordered
on the ballot by the ruling today pro-
hibit the sale and manufacture in this
State, but it prohibits the importation
Of intoxicating liquors into this State
and provides drastic penalties for vio-
lations Of the terms of the law.
Chief Justice A. NJ. Woodson and
Judge w. w. Graves dissented from
this ruling, while it was concurred in
by Judges Henry w. Bond, R. F.
Walker, Charles P. Faris and James
P. Blair. Judge Charles G. Revelle did
not sit in the case, being absent on
vacation.
Written opinions, both ruling and
dissenting, will be filed later on, it
was announced. The simple announce
ment was made this afternoon that the
writ would be awarded against the
Secretary of State and the mandate is
sued in accordance Herewith directing
him to place the amendment upon the
official ballot.
There is no way of stating upon
what grounds majority of the court
arrived at their conclusions or what
inc of reasoning led up to the re-
suit.
The presumption is that they hold
that the Secretary of State is merely
ministerial officer, not clothed with
discretion to inquire into the legal suf-
ficIency of amendments, except as to
form and face, and further that the
courts cannot Interfere with legisla-
ton, either by the General Assembly
or by the people through the initiative
and referendum, while it is in the pro-
cess of making.
September 20, Secretary Roach re-
fused to place the proposed amend
ment on the ballot on the ground tina:
1t IS violative of the Federal Constitu-
ton, IN that it seeks to regulate inter-
state traffic.
Charles Z. Stokes and H. P. Farris
OF Clinton, Henry County, heads of the
organizations that had secured the
submission petitions bearing $4,000
names, contested the position taken by
him and brought the mandamus
through John H. Lucas of Kansas City.
The case was argued Friday by Lu-
cas- and L. A. Laughlin of Kansas City.
for the Prohibitionists and Attorney
General Barker and Morton Jourdan
of st. Louis for the Secretary of
State.
The amendment will be placed on the |
ballot by Secretary Roach and with |
the other two, the Gardner land bank !
amendment and the one for pensions |
for the blind was certified out to the |
County Clerks tonight. 1t will be No.
) on the constitutional amendment bal
lot in the November election.
When the State voted on Prohibition
in 1910 the form of the amendment