Arizona republican., 1917-07-11
C|TYFATHERS
 MAY NUT PASS
 PR0P0SEDLAN
City Attorney Finds That
 Prohibition Measure May
 Only Be Adopted Under Initiative Ordinance Act

The city commission of it's own ini- tlative may not adopt an ordinance prohibiting the manufacture or sale of liquor within the city of Phoenix Only through an initia tive petition signed by fifteen per cent of the qualified cleo tors of the city, and the subsequent passage of such a measure or it's sub mission to an affirmative vote of the people, may such a provision become effective. This, in substance, is the opinion of City Attorney Richard E. Sloan. This opinion, reduced to writ ing. was informally presented to the city commissioners yesterday, and was brought forth through the desire of the city fathers to provide more effect i've means for the police to cope with the bootlegging situation in this city.
 At the last regular meeting of the commission a motion was made and approved. directing the city attorney to draft an ordinance prohibiting the manufacture and sale of liquor in Phoenix. Before proceeding under these instructions, Attorney Sloan ex- amlned the city charter closely with the result that he became convinced that such a measure could not be adopted under the provisions of the charter. The opinion of Judge Sloan, informally presented yesterday and which will be read before the commits sion at the regular meeting this morn ing, is as follows:
 To the City Commission of the City of
 Phoenix:
 Gentlemen:
 l note the instructions embodied in the motion adopted by the city com mission at the session held July 5, 1917. that an ordinance be drawn by the city attorney prohibiting the man. ufacture or sale of intoxicating liquors within the city.
 Before drafting such an ordinance, I deem it my duty to call the attention of the commission to the provisions of our charter on the subject of the manufacture. sale or disposition of in toXicating liquors" The power of the commission to legislate upon the sub ject of intoxicating liquors is found in subdivision 32 of Chapter of the city charter The provision is too lengthy to be quoted in full. I therefore, call attention to its general provisions The section empowers the commission "to license. regulate and control the manu- facture. sale or disposition of intoxi- eating liquors,'' limit the number and determine the locations where intoxi- eating liquors may be sold and to fix the amount of license tax for those who may be engaged in the business
 The foregoing provisions do not cov- CT the proposition of prohibiting the manufacture or sale of intoxicating li- quors. The latter is covered by a fur ther provision that the proposition as to whether or not the manufacture or sale of intoxicating liquors shah be prohibited in the city may be submit tod Chapter Is of the charter, and is to be determined by the vote of the qualified electors of the city at an election duly called and held for that purpose. There is also the provision that when prohibition shall obtain in the city, the proposition as to whether or not the manufacture or sale of intoxicating li- quors shall be permitted. shall in like manner. be submitted and determined under the initiative.
 It is clear, therefore. from the fore going provisions, that the only way by which a prohibition ordinance may be adopted by the city is by the initiative as provided in chapter 15 of the char ter In this l assume that the adoption of the constitutional amendments on the subject of prohibition does not af feet the power of the city under the charter to legislate upon the same subject. Whether the city may adopt a prohibition ordinance and thus con- fer Jurisdiction upon the city court to punish for it's violation. now that the constitutional amendments cover all possible offenses that may grow out of the manufacture or sale of ntoXicat ing liquors" is a question that might properly be left to the courts to de- eide, if provision be found for such legislation in the charter. Provision is found, but, as 1 have pointed out, the power may only be exercised under the initiative and may not be exer- cised otherwise. Until an initiative petition, signed by the requisite num- Der of qualified voters, which is fifteen per cent thereof. be obtained for the proposed measure, I advise you that the commission has no power to legis late upon the subject. In the event that such petition be signed, and such proposed ordinance be submitted to the commission, then, under the provisions of said chapter 15. the commission may either pass said ordinance without al- teration within twenty days after the sufficiency of the petition has been shown by a certificate of the city clerk, or the commission within twenty five days thereafter. shall proceed to call special election at which said proposed ordinance shall be submitted to the vote of the people.
 Very respectfully,