El Paso herald. (El Paso, Tex.) 1901-1931, 1918-11-16
GRAVE DANGER OF THE SALOON
RETURNING TO Ell PASO SOON

THERE is danger of FL Paso becoming "wetn again IN
less local option election is held before the signing
Of the peace declaration with Germany and Austria
It declared that liquor dealers now in e. Paso
and elsewhere, sending to Austin applications for IL
in the hope Of opening up business in the near
future IN q Paso and other Texas cities
They take the position that the signing of the aris
tce and the consequent suspension of hosie probably
permanently automatically repeals the ten-e zone law
passed as strictly at the special session
of the 55th legislature It is pointed out that the law does
not say it shall remain in force until treaty of peace is
actually signed, does provide that the law shall
main IN effect until the rehabilitation the army
from service the in the training camps and other mill
tary stations IN Texas but that act shall remain in
operation during the period that "he United States at
war with any foreign nation"
The wording of this would seem to make it plain
that the lay intended to pass of existence with
the signing of peace terms by the United States and the
last OF It's acTersaes State controller H B. Terrell IS
understood to be Of the opinion signing of the
armsce terminates the laws effective period inasmuch
it has brought about a cessation Of war.
is true that the signing Of the aTEsce probably
ended the far actual fighting is concerned, but
the nations VIII not consider the to have ended until
peace terms signed The condition is merely one
Of suspension OF hoshtles temporary lun precedent
70 the arrangement of peace The state and depart
ments would declare and doubtless any ruling in
that connection would agree
Assistant attorney general W. A. Keeling of Texas is
inclined to the opinion that the law remains in operation
until rehabilitation IS effected least long as
troops remain the Texas and environments That
would hardly apply to FL Paso, where troops contn
uay stationed and whence there viii any complete
rehabilitation. Moreover, there is nothing in the law
about rehabilitation It mentions only the period during
The rehabilitation viii be after-war act. court
would probably hold that the law becomes imperative
with the signing of peace terms Thus, if court did so
hold and the controller willing to issue licenses
and there nothing ase in the way there would be
danger Of most of the larger cities of Texas becoming we
Immediately after the signing of peace terms between the
United States and the last Of the begerents with whom
this country is understood that controller Ter
rel is not issuing licenses and viii not do at least
until after the motion for reheang in the statewide pro
hibiton has been acted upon This viii be decided be-
peace declared The court is expected
ITSELF and the statewide law viii remain dead"
The attorney general holds that only section the
statewide law forbddng the sale Of liquor repealed
that the section forbdding the issuance Of IL
still valid Under the latter section the controller
could if he wished refuse issue licenses until the
loon men compelled him to do it through mandamus
other court action This they doubtless could do
The whole thing is in middle and It looks very much
the saloons would @come back as soon as the zone
law becomes imperative, unless by vote Of the people
they forbidden to resume business
Many people had hoped that the federal measure
would protect FL Paso but lawyers assert that this
only The foTbdding the sale Of
liquor within five miles in cases, ten in Others of
military post camp reservation, is not law, but mere
" rule promulgated by the secretary Of during the
period the He had the right to make such rule
during the war but with the return Of peace he can not
enforce any such measure, attorneys say.
There therefore every to believe that the sa-
oons viii reopen IN Texas peace is signed IN
es By vote against their reopenng the people forbid it
The only thing that viii stand between the people and
reoDenng Of saloons In Texas after the signing Of the
,eace treaty Il that little clause in the statewide prohibit
fordding the issuance Of licenses which the
attorney general holds to be s IN effect If the court de-
lares this provision legal saloons cannot reopen the
ourt holds Il egal-which likely, since It would
ppeaz to also beyond the power of the legislature to
orbd the issuance Of licenses IT, the court has held,
beyond the power Of that body to forbid the sale Of
uorhen there nothing for the controller to do but to