Palatka daily news. [volume] (Palatka, Fla.) 1919-1994, 1922-05-17
LIQUOR ORDINANCE
IN EFFECTIVE SAYS
ATTORNEY OPINION
Much Mooted Question
Is Finally Disposed of i.
in Council
PERMIT CURB MARKET
Lemon Street, in Front of
Courthouse, May Be
Used =

In a written opinion to council last
night City Attorneys 'Hilburn &
Merryday gave, in detail teh legal
right and powers of the city to pass
and enforce an ordinance to prohibit
the manufacture and sale of intoxi-
eating liquors, which indicates that
an ordinance such as has been urged
on council by prohibition advocates
would be ineffective and contrary to
the state law. The opinion of the
attorneys follows:
Gentlemen: In regard to the pro-
hibition ordinance which was referred
to your ordinance committee and city
attorneys for consideration and ad-
vice as to the power Of the city to
pass such an ordinance, will say that,
in our opinion, the city of Palatka is
without authority to prohibit the sale
of Intoxicating liquors.
eve arrive at this conclusion for
the following reasons:
prior to January 1, 1919, prohibi-
ton in the state of Florida was eff
fective under what was known as the
local option of the constitution of
the state of Florida, and prior to
1901 it was held that cities and towns
in the local option counties did not
have the power to prohibit the sale
or manufacture of Intoxicating liq-
uors under the general powers of
city government, but that that pow
er had to be given expressly. So in
1901 the legislature passed law, to
wit, Chapter 1881, Acts of 1901,
which provides that When the sale
of spirituous liquors, wines or beer
is wholly forbidden in any county or
precinct pursuant to an election duly
held for that purpose under the con-
stitution and laws of this state, then
any city or town incorporated under
the general or special laws of this
state relating thereto, and situated in
such county or precinct so voting
against such sale, may pass such
reasonable ordinance or ordinances.
to prevent or suppress illegal sales
of such intoxicants, while such sale
is so forbidden, and affix such rea-
sonable penalty or penalties thereto
for the violation thereof, as such
city or town council shall prescribe
"This act was wholly superseded
by, Chapter 7736 of the session of the
Florida legislature of 1918, Chapter
7736, being an act to put into force
and effect the statewide prohibition
amendment, and being complete re-
vision of the prohibition laws of the
state of Florida, would repeal every
act inconsistent with its terms.
"By Section 1S of said act it was
provided as follows: In counties
where there is not a court of record,
criminal court of record or county
court, the county judges court shall
have exclusive jurisdiction of all
criminal prosecutions for first Of
tense under this article
"By, Section 2 of Article 19 as
amended, to wit, tn estate-wide pro-
hibition article of our constitution, it
was provided, The legislature shall
enact suitable laws for the enforce
ment of the provisions of this ar
ticle.'
GAIL second offenses under the
statute are made felonies and are
triable in the circuit court or crimi-
nal courts of record, or other state
courts having jurisdiction over such
felonies.
"Where it is provided in the law
that the county judges court shall
have exclusive jurisdiction, that, of
course, means that in that county no
other court shall have any jurisdic-
tion owe prosecutions for the first
offense, and this provision of law, in
our opinion, would exclude the mu-
nicipal court from jurisdiction of
prosecutions for the first offense,
and, of course, our municipal court
would have no jurisdiction to try
felonies for second offenses.
1--WE are, therefore, of the opinion
that, even though an ordinance of the
kind proposed might be passed, and