El Paso herald. (El Paso, Tex.) 1901-1931, 1918-10-24
OF THE TEXAS DRY LAW
CAN ONLY BE VERY TEMPORARY

AuSIIl,
holding the Texas state wide prohibition law
stutonal that prohibition is permanently
knocked in this state and the saloons coming back
Texas is through with saloons and any return Of John
BaTleycOn to this state viii be in the nature of visit
and very brief one.
The court held that the state wide law is uncoustitu
tona that is in conflict with the option feature
Of the Texas constitution II that is the case If would
that the ten mile law passed by the legislature
just before the state wide law passed would also
held to be in conflict With the local option feature of the
constitution If is attacked since not voted
BY the people Of the localities affected The federal five
mile measure would not be stricken out naturally
It may be taken for granted that the matter Will not
allowed to rest although the decision of the court of
nal appeals IS final to criminal cases. and the procedure
which might be followed under other circumstances, Of ap
peang to the supreme court Of the United States cannot
be made to avail in this instance state wide election
IS the only
II might be wild surmse to predict that if state
wide election held every community would vote for
prohibition but undeniably the majority sentiment of the
state is favor Of prohibition and that sentiment
TO have grown more general and more pronounced since the
state vide law went into effect than before Amending
the constitution would be the practical solution and is
certainty if it comes to a vote again.
The attack upon the constutonaty of the state vide
initiated by saloon interests anxious to get back
business this state 1t is reported that, hoping
for some decision has been rendered. liquor
dealers did dispose of their stocks It is also reported
from Austin that within the past two weeks there has
been rush of applications for licenses by liquor dealers
who evidently anticipated court decision favorable to
them.
So far as FL Paso is concerned this decision would
difference in the situation The ten mile zone
law would keep FL PasO dry and if were also knocked
out the five law would be sufficient far
the city itself is concerned.
There is little danger, however of than tempo
Tay return Of the saloons for the people of Texas VIII
find way to checkmate every of the booze sellers
Texas Is through with the whisky traffic The legislature
did as most people wanted to do when passed
the anti-quor There hardly protest from
anyone engaged II the business Few acts Of the leg
isature have met with such complete endorsement.
Candidates IN the state primary found in their
record Of support the prohibition their strong
appeal for the peoples votes Practically every county
convention in the state meeting after the primary, en-
dosed prohibition and it also endorsed by the Demo
cratic state convention at Waco.
The people are for It and their viii must prevail Liquor
dealers who open I'D viii have only short lease life.
Meanwhile the decision opens up the interesting ques
Of what be done with pending in the courts
IN which persons charged with violation of the state
wide liquor law Of which, however there none in Fl
Paso courts If the law is unconstitutional it would sp-
pear that alleged volaors arrested for booteggng have
been guilty law infracton and must be given their
freedom