Wfrt Of t I
rn Couifs Decision
jMn Upholding Constitutionality
ff S Of Going Liquor License
Law.
Bp Little Rock, April 7.—The
Going liquor license law was
y held to be constitutional in an
opinion handed down yesterday
by the Arkansas Supreme Court.
The court construed the provis-j
kxffi of the act allowing only white |
adults to sign the license peti
tions, as an effort within the 1
rights of a state, to regulate the .
liquor traffic. The legislature
I-, had full authority to deny the
tpght to sell liquor in the state
under any condition, the opinion ’
points out.
Justice Kirby did not partici- j
pate in the decision, but all the
;emaining justices agreed that “
-he act is constitutional.
In passing on the matter rela- \
Tip to circulating petitions for
saloons and the right of the *
state to m,ake laws irrespective
>f the United States law in con- 1
I -——
f Moving Pictures
atthe Opera House
y, THE LOST CHORD |i
1 R. C. Travers and Lillian Drew, <
rA good drama.
(ESSANAY) <
$ TWO SACKS OF POTATOES
IP Myrtle Steadman and Leslie ;
Cuneo. Western comedy.
(SELIG)
nor by any state on account of
race, color or previous condition
of servitude. The evident pur
pose and object of the fifteenth
amendment is to secure the
right of citizes to vote in elec
tions contemplated by the four
teenth amendment. For the
reasons hereafter given statu
tory proceedings to obtain li
cense for the sale of intoxicat
ing liquors, such as the one un
3er consideration, are not elec
tions and are not, therefore, in
conflict with the fifteenth a
nendment.
“But the principal reliance of
:ounsel for appellees to uphold
judgment of the circuit court is
;hat the act in question is in
violation of Article 2, Section
L8 of the State Constitution,
vhich is as follows:
“ ‘The equality of all persons
jefore the law is recognized and
shall ever remain inviolate, nor
shall any citizen ever be deprived
if any right, privilege or im
nunity or exempt from any
luty on account of race, color
>r previous servitude. The gen
•Y*n 1 n c Dnm'Kl it o V\ r> 11 rm4
o any citizen or class of citizens
privileges or immunities which,
tpon the same terms, shall not
squally belong to all classes/
“They insist that proceedings
•equired by the act as a prereq
tisite to the granting of license
py the county court is an elec
ion and that to deny colored
people the right to vote would
pe a violation of that clause of
iur Constitution just quoted. Of
ourse, if the position assumed
py counsel is correct the act
ontravenes our Constitution be- j
:ause the right to vote is a priv-;
lege from which a person can
lot be excluded on account of
olor.
PETITION NOT AN ELEC
TION.
“It is plain that the courCdid j
lot mean to hold that the pro
:uring of signers to the peti
ion and the presentation there
pf to the county court was an e
ection, for the law, as it then
ixisted, permitted adult females
is well as adult males to sign a
petition praying that the sale of
ntoxicating liquors be prohib
ted by the court. The court
pad already held the act consti
utional. If such a proceeding
vas an election the court could
pot have held the act constitut
ional, for under our Constitu
ion only male persons over
he age of twenty-one years!
vith certain other qualifications, ;
is to residence, are allowed to I
/ote. The court only said that j
ne pruceeumg is analogous to 01 i
ike an action is quite a differ-;
-nt thing from saying it is an j
‘lection.
CITES PINE BLUFF CASE.
“Counsel for appellees rely
m the case of Leon Levy ex
jarte, a Pine Bluff case, as con
clusively sustaining their posi
cion that the act under consid
eration denies the adults of the
colored race privileges and im- i
nunities that are granted to the j
idult white inhabitants and is
herefore violative of the clause
Df our constitution quoted. The
language of a decision must be
read with reference to the facts
before the court and +Vie princi
ples of law, whici. *e present
for consideration and determina
intion. Levy had applied to the
county court for license to re
tail liquors in the city of Pine
Bluff and had fully compliecl
with all requirements in that re
gard. /
“At the last preceding/ eneral
! election a majority of the voters
of the county and of each ward
in Pine Bluff had voted in favor
of license. The county court
granted the license to Levy. The
court held that while the court
might have refused him the li
cense for good cause it could not
adopt the policy of granting li
cense to others and arbitrarily
refuse him, for such action
would deny him a privilege
given to others and would be in
violation of the State Constitu
tion.
“In the act under consideration
members of the colored race are
not excluded from engaging in
the business of selling intoxicat
ing liquors upon the same terms
as members of the white race.
The act under consideration pro
vides that the county court may
issue license when a majority of
the white adult inhabitants of
an incorporated town or city
shall have signed a petition ask
ing that license be issued, pro
vided that a majority of the
votes cast at the last general e
lection were for license.
DUTIES OF COUNIT COURT.
“It will be noted that the coun
ty court is not required to even
then issue license, but it may do
so if the conditions prescribed
by the statute are complied with.
As we have already seen the
statute requiring that license
should only be issued on the re
commendation of property hold
ers, taxpayers and heads of fam
ilies, etc., have been sustained.
“If the position assumed by
the counsel for appellee is cor
rect such statute wrould be open
to the objection that the class
of signers which are designated
are given privileges and immuni
ties which are not granted to
other citizens. The lawmakers
are presumed to be familiar with
moral conditions as they exist
in this State and to know what
class of citizens could best give
proper information as to the
evils that might result from the
liquor traffic. The lawmakers
doubtless thought that the class
designated in the statute knew
best whether the granting of li
cense to sell intoxicating liquors
would be dangerous to the mor
als of the corrtmmunity and like
ly to result in injury.
“Such action on the part of the
legislature did not give the per
sons designated in the statutes
a privilege, but only imposed a
condition upon the traffic in in
toxicating liquors.
“We are of the opinion that it
is well settled by the courts of
the country that the statutes
imposing conditions on the bus
iness of retailing liquors,
through such conditions may be
more onerous than those impos
ed upon other businesses, and
though such conditions may be
so burdensome as to render the
business unprofitable and on that
account in its practical results
to prohibition may be. sustained
because the business of selling
intoxicating liquor more serious
ly affects the health, morals and
general welfare of the people
than another business.
"Therefore we are of the opin
ion that the act under consider
ation is not unconstitutional, but
is a valid exercise of the legisla
tive power. It follows that the
judgment of the circuit court
must be reversed and the
cause will be remanded for fur
ther proceedings according te
j\J*te opinion was handed dowr
ce Hart.
t
Raney Refuses
To Concede
—
Defeat Claiming That Mistakes
In Poinsett and Arkansas
Counties May Give Him
Lead.
Little Rock, April 7.—State
Senator T. J. Raney, who was a
candidate for the Democratic
nomination for state railroad
commissioner from the North
western District, called up on
the long distance telephone from
his home in Newark yesterday
to say that he had evidently
been misunderstood by the Ga- j
zette reporter who interviewed
him during his visit to Little
Rock Sunday.
“I do not concede that Mr.
Wood won the nomination,” said (
Senator Raney. “There are very
few votes between Mr. Wood and
myself and I object to being re
t •fovrorl In o o n rln-fonf o/-l stnvw-l-i
date. After the vote has been
officially counted there will be
tiirie enough to say who is nomi
nated.”
“I have received a copy of a
resolution adopted by the Demo
cratic Central Committee of Ar
kansas county, which says that
my name was left off the ballot
in every township except one.
The resolution says that the
members of the committee are
undecided as to what should be
done and they leave the matter
up to the state convention.
“I did not say that eliminat
ing the vote of Arkansas county
would still leave Mr. Wood with
enough votes to win. The official
vote of Poinsett county, as
shown to me by Senator Going
shows that the Gazette made a
mistake in its figures from that
county. My vote in that county
was credited to Major Bellamy,
while Major Bellamy’s vote was
credited to me. The elimination
of the vote in Arkansas county
and the correction of the mis
takes in the Gazette’s figures
from Poinsett county would
leave me in the lead.”
Senator Raney said he would
decide on no course of action un
til after the official count of the
vote by the Democratic State j
Central committee.
RANEY’S NAME ON IN’
STUTTGART.
When it was discovered that
Mr. Raney’s name had been left
off the ticket in Arkansas coun
ty orders to write in the name
were given in Stuttgart.
R. E. Holt of Stuttgart, mem
ber of the old County Central
Committee and secretary of the
new organization and a Raney
supporter, made the following
statement to the Gazette last
night:
“We discovered the omission
of Senator Raney’s name before
the polls were opened and gave
instructions that it be written
upon every ballot. I was a sup
porter of Senator Raney and par
ticularly interested in seeing
that he got the full benefit of all
the strength he had created
here. I feel sure he received as
many votes in this township
with his name written upon the
ballot as he would have secured
had it been printed.”
Postmaster Louis Buerkle de
clared he personally saw to the
writing of Senator Raney’s
name upon the ballots used in
his township.
City Election Contest.
The city election, while get
ting off to a late start through
inability to easily secure judges
and clerks, is polling a fair vote,
about 90 ballots being cast in
the First ward at 3 p. m., and
nearly the same number in the
Second.
Some talk of dark horses
against the primary nominees
was heard and this helped to
bring out the vote.
The white primary has been
too thoroughly established in
Newport for opposition in the
general election and its nomin
ees should receive the cordial
and hearty support of all who
entered and had a voice in their
selection.
If you haven’t voted, go to
the polls and cast your ballot,
as the polls are open until 6 p.
m.
For Sale Cheap.
2,000 mulberry posts, good !
sizes. Wm. N. Dunaway, at!
Farmers Bank. Id6w2.
Church Benefit Day.
The Camille Cafe has set
apart Wednesday of each week
as church day at their place of
business. Tomorrow, Wednes
day will be Methodist day, and
four young ladies will be on hand
all day to assist the manager in
his work.
Mr. McCutcheon has shown an J
interest in the different chaf
es and is glad to assist in adding
in any way to their treastyy.
Besides cold drinks, creams,
fruits, cigars and candies, which
are kept, a delicious dinner and
supper will be served for the
price of twenty-five cents. Every
one is invited to patronize the
Camille Cafe tomorrow es
pecially the people of the church
es to be benefitted.
Flower Bazaars Planned.
At a meeting of the Woman’s
Missionary Society of the Meth
odist church Monday afternoon,
everything was perfected for
the annual Easter flower bazaar
to be given in the parlors of the
Hazel hotel Friday and Saturday
of this week.
The flowers, including every
thing for the house and lawn,
have been ordered from Vestal’s
in Little Rock. The special or
derp this year are larger than
that of any previous season.
In addition to the flowers,
cake and candies will be on sale,
especially on Saturday.
The concluding business of the
meeting was the election of del
egates to the annual missionary
convention to be held at Augus
ta in May. Mrs 0. W. Scarbor
ough was made the delegate,
with Mrs. George R. Hays, alter
nate. They were also instruct
ed to invite the next conference^, — -
to meet in Newport in 1915.
Convict Farm Case Concluded.
The hearing of testimony be
fore Judge Coe in the convict
farm case was concluded Tues
day morning and argument was
heard in the afternoon, but
the court reserved his judgment
in the case until next Monday.
Do It Electrically.
See Sam Denty about the Vac
um Cleaner before doing your
spring cleaning. Telephone 117.
Paster with its turnout of well
groomed-men and their ladies, is
just around the corner! j
Men whom you’ll find at the
head of the procession are coming to
this Live Store to be fitted out for the
occasion with their new Spring
KUPPENHEIMERI
BENJAMIN .WASHINGTON I
CLOTHES |
Weaves and color shades, all in keep
ing with the season, are a delightful
contrast to those that iave
are the kind other: are
range from $20 to $30
PiHU
"STAR