Evening capital and Maryland gazette. (Annapolis, Md.) 1910-1922, 1918-01-01
TO PUSH DRY BILL
FOR Entire STATE
Prince Georges Decision Has Great
Iy Heartened Anti-Liquor HEN
VETS READY TO FIGHT
Judge Burkes Language Interpreting
Constitutional Validity or
InyaIidity.


Court OF Appeals opinion in the
Prince Georges County prohibition
question have upon the broader ques-
toin Of Statewide prohibition, which
the Maryland Anti-saloon League an
nounces it intends bending every en-
ergy toward placing on the statute
books during the coming session of
the General Assembly?
In the Appellate Courts decision in
the Prince Georges County contro-
yersy. one Of the points considered
anu gone into very fully by Judge n.
Charles Burke. who prepared the
paper. was the construction Of the
right Of referendum, which is prob
ably the only point where the county
question gets on all fours with that Of
Statewide conditions. For this rea-
son the stand taken by the Court of
Appeals in the case just settled has
caused more than usual interest
among both "wets" and "drys" Of the
State at large
~HtANNA0 HAS AVANNos
The opinion has had the effect OF
greatly heartening the already very
confident dry forces. At the same
time vets find in it solar plexus
wallop that is more than likely to
send them TO the floor to take the full
count This wallop is a veritable
mule kick in that it completely
knocks out the contention. of the sa-
loon people that Maryland cannot be
made dry without something in the
form of constitutional amendment
Certainly" they contend, we have
got to have a referendum and the
people must be allowed to vote before
the whole State can go into the dry
column" But the Court OF Appeals
does not agree with this, indeed. it
goes to just the other extreme and
specifically denies this contention, ac
cording to the Interpretation of the
iubilant drys
Discussing this referendum amend
mem, behind which the Prince
George drys huttressed part of
their attack on the l6bsa prohibitory
statute, the Appellate Court says:
"No law or constitutional amend
ment licensing. regulating, prohibit
ing or submitting to local option the
manufacture or sale OF malt or spir
illous liquors shall be referred or
repealed under any act under the
provisions of this article. The article
of the Constitution here referred to is
the constitutional amendment adopt
ed two years ago by the people Of
the State.
The vets are contending that the
words local option" cannot be taken
to mean a Statewide option. but only
applies to smaller subdivisions, like
counties or other voting units Of the
state How far this construction can
go and how small or how large the
unit shall be to keep it in the cate
CORY or local" is a point which win
probably still have to be settled by the
Court of Appeals. That the question is
likely to be brought UP in connection
with any Statewide dry legislation
which may be passed by the coming
NTEAiGIUt 1AoEcAA4H4S - N6N1tAA GU
Judge Burke's Language.
Touching upon the question OF the
rules to be applied by courts in in
|terpreting constitutional validity or in
validity. Judge Burke's language in
the Prince Georges County case is as
follows ct is a familiar principle
in the construction OF constitution
that the construction should be upon
the whole instrument and effect given
to every part Of it. il that be posi-
Bile. and that. unless there be some
reason to the contrary. no part of the
fundamental law should be disregard
ed or rejected as imperative In
seeking for the meaning of a particu-
lar provision or article. It must lJe ex-
amined in the light OF its origin, the
purpose it was intended to serve, as
well as the evils it was intended OF
supposed to remedy It has been vel
said that a very useful key to the con
struction of statute or constitu-
ton is to inquire what were the evils
to be removed and what remedy die
the new instrument propose, and thai
when any question arises. requiring 8
judicial construction Of any Of its
clauses, ii is important to go back
and ascertain the evil that was intend
ed to be remedied.