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The Canon City Record.
VOL. XXX WHAT JUDGE COOPER SAYS IN ELKS CASE His Opinion Is a Document and Treats j the Subject In E: \istive Style—Expressions ' From Attorneys wson and Taylor On the Decision. The opinion of County Judge James L Cooper, In the case of Canon City vs. the trustees of the Elks Club, in which he confirmed the opinion of the magis trate’s court and fined the defendants for Illegal liquor selling, has been the cause of much comment since it was handed down Tuesday. Attorney Sjlyde C. Dawson, one of the counsel for the defence, said yesterday: “Owing to the fact that judgment has been stayed for ninety days there will be no immediate developments in this particular case. If the Supreme court, before which the injunction case Is pending, passes upon the point in volved in this issue, it will not be nec essary to proceed further with this case. But if the Bupreme court does not pass upon the vital question, we will taka the case up to the higher courts at once." City Attorney A. L Taylor, who has represented the City in the prosecu tion. said to a Dally Record man yes terday : "Naturally I am very much pleased with the decision of Judge Cooper in the case against the Elks Club. It is one of the best reasoned opinions I have ever had the pleasure to read, and one that would do credit to any court. In substance his research shows this fact—that no court has ever held that a social club could dispense liquors to its members in prohibition territory. The fact that Judge Cooper reduced the fine from S3OO to SIOO is Of no consequence. The only question the city Is concerned in Is the stopping of the sale of intoxicating liquors in the city and not the collection of fines. "I believe the city would willingly remit the fine If the club would quit dispensing intoxicants. There can be do doubt that the Elks are violating ‘the city ordinances, and that they are aware of it and that they should now quit and not wait until they are forced to the sail. The men of professed standing In the lodge should force the club to quit selling Intoxicants." , The following extracts from Judge Cooper's opinion are of interest to those Interested In the matter at is- 1 sue: This question has never been passed i upon, directly or indirectly, by an ap pellate court of last resort in this < state. And at the very threshold of this in vestigation the court is confronted • with a multiplicity of adjudications ■ which are in apparent conflict The i only point upon which the courts I seem to agree, being that they do not i agree. But. as stated In State vs. McMaster, 14 . E. 291. much of the seeming con- I filet arises from two causes: < First. Where the alleged club, as a I matter of fact, is not bona fide what It < purports to be. but Is a mere device < to evade the law against retailing 1 liquor without a license, and. ] — s —: -7 You know what the ™Abv§bw an Review of Reviews is. lt is the best $3.00 »*•«• »T AUkM HAW • . • H Magazine in America For a short time we are going to offer you J The Daily Record one year, and The Review of Re views one year, both for only $6.00. Here you get a $6.00 Daily Paper and a $3.00 Magazine for just what you pay for The Daily Record. This offer is open to everybody, both new and old subscribers. This is for cash advance payment and The Record must be paid up to date. And by taking advantage of this offer you can give 1,000 votes to someone iifthe contest for the trip to Old Mefeo. \ ' Second, From the difference in the terms of the various acts upon the subject, each court construing for it self the laws and regulations of its own state. And, like that case, in the case at bar the difficulty first above indicate is not In the way, for It must be co’ ded that the Elks Club Is pur»A a bona fide social club. • as Conceding, that under the facts of Klein vs. The Livingston Club, cited as an authority, the club merely main tained such a family relation as robbed the distribution of liquors of the ele ments of a sale, or that the method of, distribution was but an equitable dis tribution of common property, how , can such findings upon the facts of that case aid ‘the defendants in this case? The membership of the Livings ton Club was limited to 100 members, while in the case at bar the undisputed testimony shows that the order of Elks ' has a membership of two hundred and fifty thousand, and that every member of the order in good standing is en titled, as or right by virtue of his mem- | bership in the order, to aJI the benefits and privileges, of the club, including the right to obtain liquor. Rather a large family. And can the two hundred and fifty thousand mem bers of the order be said to be owners in common of the liquors kept by the I Elks Club of this city. To be sure the ; right to the privileges of the Elks' Club j Is mutual among all members of the ! order to the extent that any member of ' the order in good standing has access 1 to any and oil Elks Clubs, but does ; this fact make all Elks owners in com- 1 rnon of the liquors. How can it be said that when, for ( Instance an Elk belonging to the order | in Pennsylvania walks into the Elks Club of this city, hands the Steward of j Hie eiub fifteen eeots. and receives in j return therefor a drink of whiskey, j that he but receives his proportionate | share of common property. If be has any Interest in the liquor he thus drinks before he pays for It, where did he get the Interest, how did he get the interest, what value did he give for the Interest Does he get his individual share in common liquor by virtue of the mutual rights of all Elks to enjoy the privilege of all Elks Clubs? Let it be supposed that this Elk from Pennsylvania be longs to a lodge that maintains no club, for It appears In evidence that clubs are not maintained by all lodges, then by what possible stretch of the Imagination can he be said to have the slightest Interest In the liquor before he pays for it In hard cash at the bar. This man from Pennsylvania has no Interest in the liquor, and he Is not even a guest of the family, for a guest Is one who comes upon Invitation to enjoy a privilege that has been extend ed to him. but which might have been withheld from him. but the man from Pennsylvania has access to the club as CANON CITY, COLORADO, THURSDAY, THURSDAY, NOVEMBER 7, 1907. a matter of right—by virtue of his membership In the order. The cases which are urged as sus taining the contention of defendants herein may be divided Into three groups: First. Cases like Barden vs. Mon tana Club, and Tennessee Club vs. Dwyer, actions for the collection of a license tax. where the only possible le gitimate inquiry could be as to wheth er the statute in question required clubs to take out a license. Second, Cases like State vs. Mc- Master, actions for selling without a | license, wherein because of the phras ■ eology of the statute in question,courts . conclude that the legislature intended to include within the operation of the license statute In question, only the "keepers of drinking saloons,” or “re tail liquor dealers,” or those in "the liquor business as a business.” etc. Third. Cases like State vs. St iLouis Club, and People vs. Adelphl Club, action involving the penal pro visions of license laws, but in which the decision was based, in the main at least, upon the phraseology of the sta tute construed in the light of the fact, that clubs in the particular state in question, Lad operated for years un | molested by the excise officers. None of the reasons upon which any | of those cases are predicated seem to [ prevail in the case at bar. The terms of our statute are general, | the words used are broad aud compre ' liensive enough to include social clubs, j and no implication can arise from clubs having operated in the com | munity for years, because they have I not, and certainly no complaint can | be made that the officers of this town i ! have not diligently tried to enforce the t [ordinance: and at the time the act in \ | question was enacted by the legisla ture clubs had not been in existence j for many years in the state outside of this city. The legislature has conferred the authority to prohibit in broad and gen eral terms, and has left it to the city to decide to what extent they shall license, regulate or prohibit, and the right to prohibit has but recently been exercised by this city, and the rule that the construction placed upon a statute by public officers charged with the duty of executing the law may properly be considered in determining the legislative intent has no applica | tion here, unless It be to construe the ordinance against the defendants. In most of the cases cited in sup port of the contention of defendants Three Star Course Tickets Given By The Daily Record Here is a new one. The Dally Record is going to give the candidate for the trip to Old Mex ico who receives the most votes be tween now and next Tesday noon three season tickets to the Star Lyceum Course. Not the one who has the most votes altogether, but the one who has the most cast for him between Tuesday noon. Nov. sth. and Tuesday noon. Nov. 12th. The Star course is better this year than ever. It has seven fine numbers. Only one has past Everybody who en joys good entertainments will enjoy this course. These three tickets will help one of oSr contestants to enjoy It fully. Tickets for himself, one for his wife and one for his friend or his wife's friend. Of course there are two or three young fellows In the list who have no wife, but they have mothers or T. M. C. A. BANQUET WAS GREAT SUCCESS Whatever division lines may have existed in the local Y. M. C. A. were expurged by the banquet at the gym nasium Monday night The contention and controversy aroused by the recent membership canvass was forgotten In the fraternal spirit that existed and unity was everywhere apparent It was a banquet of good-fellowship and was an earnest of the determination of the men of the association to succeed In their purpose deeplte all obetaclee that might present themselves. All rancor and uncharttableaesa; all rivalry and debate were submerged In the general good and the resolve made to go for ward to still greater victories. The banquet Monday night was the penalty which the "Rede" had to pay for losing the campaign tor new mem bers last month to the triumphant "Blues.” There was no gloating of the victors over the vanquished at the fes tal board. The occasion waa character ised by the mutual fraternity and good will and the hatchet of discord waa burled too deeply tor resurrection. It was an event of great enthusiasm and welded the numbers of the asso ciation Into a more devoted and ag greeslve brotherhood, an organisation that Is doing a work of Incalculable benefit (or the young men of the com munity. of the elate, of the nation, of Christendom. The banquet was served at • o’clock by a sears qf young ladles wearing red WEEKLY an investigation of the facts, as we have seen, will show that the decision tarns not upon the theory of no sale, but upon the theory that the language used in the otatute applies only to cer tain persons; as "retail liquor dealers” or those "selling in a business way,” etc. And the action being to collect a license tax, or to punish for the eva sion of a license tax, and the statute in question not being broad enough to cover clubs, or by its express terms excluding clubs, the courts conclude that the legislature did not intend to extend the law to social clubs. Upon the question of whether or not a bona fide club, under a statute which requires every person who sells intoxicating liquors for gain or bene fit to pay a license or suffer the conse qitapes. as our license statute does. BM take out a license before it can Ikptißlly dispose of liquors in the man ner: tibat the Elks Club does, may be debatable ground. But in considering all of the cases, pro con, which are pertinent to the lUßues of this case, it seems to me the dfecided weight of authority, and the KBt reasoned cases, are against the 4 efen, * anls - O ur legislature has conferred the power to prohibit, and in the original act there are no ex ceptions whatever, it applies to any and all persons, and prohibits even the sale by druggists for medicinal, sacra mental or chemical purposes. And there is nothing in the legislation of this elate to indicate that it was not the intention of the legislature that the words "sale'’ and "gift” should not be taken in their known and commonly acepted signification. License laws seek to limit the sale of liquors, while prohibitive laws seek to limit the use of liquors. The purpose of license laws is to require the license by those who sell for gain and profit, and to punish— not the sale of liquors—but those who seek to evade the payment of a license. License laws impose a tax upon the oc cupation. the business, the traffic. They do not aim to stop the sale, but to reg ulate it, and to tax it; and it is the sale without a license that is penalized. It is the person who disposes of liquor for benefit or gain, as a business, who is aimed at. The penalty attached is to compel the taking out of a license, the sale or disusing of the liquors is not the evil sought to be reached, but the evil Is the enjoyment of the gain with out the permission of the government, (Obntinoed on eighth page.) friends and can use the tickets all right So if you have a friend in the list come in and get the votes coming to you. If you have paid the collector in October or November you have some votes coming up. You can get them by asking at the counter. You get 50 votes for each month you pay for the Daily Record or 1000 for a year's payment Two hundred for a year on the Weekly Record. Here is a list of the men who are being voted for: • Wm. R, Scott. Ed. BoeocL. P. C\ Whalen. Hagen Stockier. Beech Lyons. W. J. Haddock. Jonathan Beaman. Joe Qnlnn. Fred Dnnean. Paul Scholia. suggestive of the defeated colors In ) the contest which ,*ta champions had waged and lost There were covers for one hundred and seventy-five people and but ten short of that number sat down to the dinner, which was Indeed a "feast of reason and a flow of soul." Quite so enthusiastic a sphering of young men never assembled in Canon City before on a similar occasion, cer tainly nothing like It was ever witness ed at the T. M. C. A. gymnasium. Al. Morrison, captain of the victor ious "Blues,'’ presided as toastmaster and there were speeches by a baker’s dozen of the banqueters, among them Pr«r. H. E Smith. A. H. White. Prof. Wnrner. W. B. McMillan. Chas. W. Van Patten, Rev. H M. Jamieson. R. Q. New bit. Chas. K. Rowel iff a. Secretary A. K. Gray of the association and Pyh slral Director Geo. & Jones. It was 11 o’clock before the guests arose from the tables and made their way to the rending room and parlors of the asso ciation where an Impromptu vaudeville program was rendered, greatly to the amusement of all. All la all the banquet was a red letter event In the chronicles of the as sociation and presages much for the future. The very generous co-opera tion of the various churches of the city In the forward movement of the as sociation la keenly appreciated, as It Is realised that without their help fulness eery much lean would have COUNCIL TALKS ABOUT CITY HEALTH INSPECTOR A greater health department for Canon City received a big boost Mon day when State Veterinarian Lamb, of Denver, addressed City council. Dr. Lamb, hearing of the efforts of council to improve conditions here, made a special trip to Canon City to render any assistance possible. Dr. Lamb has made a study of the health conditions all over Colorado. His talk was help ful; his suggestions terse, logical and very much to the point. Dr. Umb doubts, however, that it will be possible to secure one man who is qualified to act as meat and dairy inspector and at the same time per form the general duties of a health and sanitary officer. “There may be a man this side of Jordan," he said, “who can do this combination work. But I am afraid he is on the other side. Meat and milk inspection and the testing of dairy stock for disease are the great est essentials of a good health depart ment. The inspection of beef food ani mals. both anti and post mortem, is in itself a considerable task. It requires a man of knowledge and experience to do this work properly. A skilled veter inarian is the proper man for the place. He must have sufficient know ledge to detect the presence of tuber culosis in cattle, both live and dead. The test of dairy stock is the great safeguard of the milk. I would rather buy milk that is half water and know it is pure than to buy rich milk that may be contaminated. “] am not here to make a flowery speech. The pure food question Is strictly a business proposition, and a flowery speech is not necessary. You will remember, a short time ago. when a commission investigated the great slaughter houses of Chicago. You re i member the report of the commission made to the president, and the imme diate action the government took to have all packing houses that do an interstate business placed under gov ernment supervision and inspection. But this inspection covers the larger packing concerns only. It is the duty of separate states and separate com munities to inspect their food that is killed‘and dressed it bows. “No doubt yon have all seen diseased i cattle on the ranges in this state. What becomes of them? They are not , shipped to the big markets. The own -1 ers are too wise for that. They know the government officials will condemn them. But they are killed somewhere ' and somebody eats the meat. This is what makes local meat inspection so necessary." Dr. Lamb told some interesting things about the food stock situation. But he placed meat Inspection second in importance to the Inspection of milk. Meat, he said, is one article of an adult's diet. But milk is the sole food of an infant at a time when he is most susceptible to the inroads of dis ease. Many children born in Colorado, he said, are predisposed to tubercu losis, and it takes only a slight ag gravating cause to result seriously. This cause is often supplied, he insist ed. by the use of milk taken from dis eased cows. Dr. Lamb was glad to hear that Can on has an ordinance providing for the inspection of milk. He will be glad when the three slaughter houses are placed under similar protection. Dr. Lamb will give any assistance possible to help Canon in her efforts for health and public safety. Dr. Lamb was introduced by Dr Carrier, who repeated his former recommendations concerning the ap pointment of a health inspector. The j matter is in the hands of a council- | manic committee appointed two weeks ! ago to investigate the situation and j MANY INQUIRIES BEING MADE ABOUT CANON CITY Never before have eo many inquiries been received by the newspapers, the Merchants association and the real es tate men from peopue In the eastern states about Cauon City and its advan tages as Is the case at the present time. Hundreds of letters have reached here within the last few weeks from people In the east asking about the climate, the price of land, taxes, etc., the major part of whom are desirous of coming here to make their home. These letters came from all parts of North America, from Florida to Quebec and from New Foundland to Arisons, and Indicated the efficiency of the ad vertising Canon City has received dur ing the last tew years. Secretary Roes of the Merchants as sociation ban received assay requests for the descriptive booklet gotten out last spring and It Is doing a lot of first class missionary work for tha community. A few days ago Mr. Boas r scat red a letter from N. A. Stamps. of Pelatka. Florida, saying that he had beau converted by some advertising he had aaaa about Canon City. and. with Ms father, was —■r*ig hare ta made a recommendation. Dr. Lamb was thanked, by resolution, for his in terest in the local sitatlon and his kindness in making a special trip here to meet the aldermen. The ordinance granting a new fran chise to the Colorado Telephone com pany was passed finally. Under a spe cific agreement council is given ample free telephone service, the number of telephones to be rated by the popula tion. This arrangement was very sat isfactory to the aldermen, who are sure they have made a mighty good deal for the city. Messrs. Hamlin, Seelye and Campbell, of the company, were present at the meeting. Mr. Ham lin explained some details of the fran chise and granted several concessions that were asked for. The negotiations between the telephone people and the councilmen for the new franchise have been particularly pleasant and the company has shown the proper spirit in every detail that has come up for adjustment. The tax ordinance was also finally passed. This provides for an annual tax levy of 25 mills, to be divided among the various funds as has been previously set forth in these columns. The ordinance relating to the tak ing up 6f estrays was passed on first reading. This ordinance was made necessary by the recent state law con cerning estrays, and conform to the state law in every particular. Some time ago it was thought that Inspector Harry Gatlin of South Canon could take care of estrays taken up in Canon City. This he refused to do, and when Marshal David Houston tried to turn some stock over to him, he refused to take it and threatened to impound the worthy marshal if he didn't get off the premises. So the ordinance was made necessary. It specifies that estrays in clude “mules, asses, geese and goats.** Alderman Boyle though dogs should be included in the list. Alderman Lin kins wondered how geese owners branded them. These details were re ferred to the city marshal for adjust ment Considerable talk centered around Residents in fJM Hot Springs addition want arc lights. The lighting company claims the in stallation of lights there would be too expensive under the contract arrange ment. Council thinks the company should place lights wherever they are needed inside the city limits. The mat ter will be further investigated. The arc light at the bend of Ninth street was discussed at considerable length. W. T. Bridwell objects to this light because it shines directly into the rooms of his house. The light has repeatedly been ‘shot out.” The light ing company placed a shade on one side of the light and there are three holes in the shade at present. No one is certain who does the shooting. Council is determined that the light shall stay in its present location and be protected, as it is badly needed. City Attorney Taylor, in a commun ication, advised that the petition of Mrs. McElwee and Miss Sellock. for a refund of paving tax. be rejected, as it is not a matter for jurisdiction by the present council. The report was upon. Richard Houle applied for the position of health inspector under an existing ordinance. As the ordin ance provides no salary, the applica tion was not acted upon. A Canon man has been repeatedly invited to visit a friend in the oountry, but hie wife won't go. "A man’s In vitation,” the wife says. ”ls good only in one bouse in twenty. 1 won’t go until the man's wife invitee us.” RECORD MEANS RELIABLE. raise fruit. Mr. Stumpe says that hia father has to leave Florida on account of rheumatism and that they have se lected this part of Colorado as offer ing greater inducements than any oth er part of the country as a ploce of residence. T. A. Haynes, of Boulder, Colorado, is another convert made by the evan gelism of the association booklet and says that he and his brother and ne phew are coming to Canon City to lo cate. Mr. Haynes has purchased ten acres of fruit land of Dosier 4k Mao Kensie and expects to set It out In ap ple trees next spring. If the Inquiries that are coming In about Canon City are worth anything It may safely be assumed that the community Is on the eve of a substantial boom. Card of Thanks. Wa flak to aapraaa our slaesro thanha to ow frlauds and acquaint ances. both la Oaftr and Canon City, tor tfcatr ktadnaaa and sympathy dßr ins tbs Ulnaaa and loss of ow lorsd daughter, Maria. M*. O. W. (TLm MW a V.. STL.TIS. NO. 45