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The Farmington times. (Farmington, St. Francois County, Mo.) 1905-1926, March 06, 1908, Image 5

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Persistent link: https://chroniclingamerica.loc.gov/lccn/sn89066996/1908-03-06/ed-1/seq-5/

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Local Option
THE LEGAL STATUS
OF LOCAL OPTION.
So fur, tin- advocates of Local
Option in SI. Francois county have
won in every legal pi cliiijr fust i-
tuti'tl to thwart tlir petitioners null
deprive tlii'in nf their right tn vote
mi Siiturilay. Tin- first step taken
liy tin' lit 1 1 irni' s fur tin- Milium unit
liquor interests, Unit Ik, 1 1 first
open step, wus tu apply In tin' Su
preme Court of the Stiiti- for a writ
of proliiliition against tin- county
Hi rt. The I'lfiM't of such it writ
would have been to prevent tin- hold
ing of tin- i-liM-tion us ordered. Tin-Supri'ini-Court
told tin- eminent at
torneys wlni applied for the writ to
jrii liefore their own ein-iiit court.
This they did. They applied to the
.Inline of thin circuit at his hoiue in
l'erryville and he net Thursday,
February Ltith, as the date for hear
in).' the arguments and the place,
Farmliigtnn. The whole day wax
consumed in the discussion of the
mat d r. In a clear-cut dcuisimi, one
that permitted of no in i ku ihIithi nml
ing, the court held that the county
court had not exceeded its Juris
diction and that it had also pro-
ded legally.
On Monday, March L'nd, the ut
toriieyK for the halooii and liquor in
terests went to St. Louis hefore Mu
st. Louis Court of Appeals. Here
application for Koine extraordinary
writ was imnle. After hearing the
iittorney for the space of iihoiit half
an hour, the court sit t ing us a hench,
that is the entire court, refused to
issue the writ. Application was then
made to the Supreme Court for u
writ of proliiliition, which was de
nied. One of the points that has I u
definitely passed upon, Is the Furtn
ingtnii census, sustaining the posi
tion of the local optiouistH.
Soma Written and Unwritten History.
The charge of unfairness has been
made in the matter of making up
the petition 1 ause the petitioners
did not exclude the City of Farin
ingtnn. It is charged that they
should have had a census taken and
then voted Fiirmlngtun separate.
In answer it can he stated that.
1. The whole matter of I. oral
Option was not the work of a day's
agitation ; nor was tin- circulating
of the petition done in secrecy and
darkness. For a consiili-rale length
of time hefore the petition was tiled
with tl utility court tin- whole
matter was aggressively agitated, a
long time was consumed in prepar
ing the petition. All parties inter
ested knew that the matter was to
lie presented to the county, There
was ample time for those who de
sired the city of Kurmington to vote
separate to make u legal census, to
present the same to the county
court, or what would have heen inure
efficient, to have had a petition of
ten per cent of the voters of the city
to the city council asklgn for a city
election. With all of the. Informa
tion they hud of the progress of the
movement, this the parties Inter
esteJ In the saloon and liquor busi
ness did not do.
2. While It Is difficult to prove,
nevertheless it appears that through
out the whole matter these inter
I'Sls had the advice of Home of the
ablest luwyers in the county. May
it not he presumed that, jcting
under that advice, they permitted
the petition to be prepared and pre
sented to tin- county court thinking
that later they could annul the
whole matter, not only in the city of
Furiuiiiglnii but in the whole county,
notwithstanding the will of Un
people, as yet unexpressed but which
they feared would he for the removal
of tin- saloons from the county.
X Since the matter has been
brought into the courts, the city
council of Karmingtoii has displayed
u remarkable activity in the matter,
an activity which might have been
more eftleaclously made before the
petition of the voters of the entire
coiintv had been filed with the t-niri-
iy court. The first step taken by
tl mncil, and on its own initia
tive without any petition or other
expressed sense of the citizens of
the city, wus to take a census. This
step was taken on the night of tin
day that the petition was tiled with
the county court, which, ill itself, is
evidence that some ut least of tin
council were, not as unprepared us
would appear on the face of the
matter. This census wus taken at
an expense to the city and without
anything before the council to hIiow
that the citizens were in favor of
audi a step. The people, must, how
ever, pay these expenses.
Without any authority from the
council, the Mayor signed the peti
tion presented to the circuit court.
Tlilii he had a right to do as a cltl
leu, but he used his official title,
nut neccessarily Indlceting that lie
desired the petition to appear as
emanating from the city Itself.
Departm't
City Council' Extraordinary Act.
The closing chapter in the wrii
ten history was made on Monday
night, Murclf ud. Tin- city attor
ney introduced a resolution into the
council that had for its object the
making of the city a party to tin
suit being prosecuted before the
higher its. Again, this wuk with
out any written or otherwise ex
pressed desire of the citizens of
Furiniiigtoii then before the council.
This resolution was curried by a
vote of six to two of tin- council. Ii
spells additional legal expenses, and
if th iineil diil not exceed its
jurisdiction, the citizens will have
to pay the expenses. And for what
purpose'.' Merely h lining a party
to a suit that had been prosecuted
to perpetutate the saloons and that
has that for its object. Acadeemi
eally and technically, it might In
stated that the cily became a party
to the suit to preserve Its own rights.
Hut according to the decision of the
circuit court, whulewT rights had
inhered in the city had been lost by
its nut having availed Itself of those
rights. llofore the matter was pre
sented the city could have moved in
a legal way, had the census taken,
certified tii the county court and
saved the expense of legal proceed
ings. There are several observations
that can be made, without reflecting
upon tin- council, its officers or
members.
Kor smile time past the city has
been very ilelicate about becoming
involved ' in any legal proceedings.
The council has wisely taken into
consider.it ion the costs that must
be paid, the expense ol attorneys,
etc. Hut in this mutter, the mem
bers of tin- council voting for the
resolution seem to lime departed
from their heretofore cautionary
1 1 1 1 1 1 1 1 1 -r of dealing with such things.
It seems that they have I n mis
led by ottn rs or else have taken a
snap judgment .
It appears also that the resolution
Is designed more to help tie- Inter
ests that are contesting the Local
Option movement, the saloons and
liipior, than it is to protect tin- city
of Kurmington and its citizens.
It should ulso he noticed that the
resolution upon which the city -icted
was introduced by the city attorney
unci that be stated that he was act-
jfjocjiv:'
::
r i
ft
::
V
::
WHO IS My MAS TEH?
I AM YOUR H ASTER,
me to be an influence for
o
i i
:
v
:
::
ft
:;
::
munity; you do not indorse me along any
moral lines; down deep in your heart you are
opposed to me.
But I am your master. Hy whip is of gold
and its lash is tipped with silver. 1 pay you
$26,000 annually; I am so interwoven with your
life that you are afraid to let me go. I, the Sa
loon and Liquor interests, am your Master.
ing an the adviser of the council.
Without reflecting upon his motive.
In the mutter, yet every one is liable
to be influenced by his association
and mental attitude. The same at
torney has been associated with the
counsel for the liquor Interests In
their proceedings unci also he has
I ii making sp -lies In the count"
for the sauie interests, that Is, op
posing the adopt ion of Local Option.
The presiding officer of the city
council, the mayor, is already as
sociated with the matter. ! ap
pears us one of the purties to the
suit that has been already filed and
as one of tin- petitioner for the
I w rit of proliiliition ncmre me conns
he bus used his official title us
1 ituivor of t he city.
i The entire proceeding of the coun
cil in the mutter, that of taking the
census and later of bet ling a
: partv to the psnceedings, spells ex-
! pense to the city and u needless i-x-
Ipense. Both actions were taken
without discussion bv the citizens
before the council or in public mcet-
ings or print. In all that bus been
done, the council has favored the
saloon and liquor interests, whether
that were their design or not.
And the people pay the bills. On
1 side the talk Is of loss of revenue,
and on the other the Incurring of
needless expense accruing to the
citv. And all of this, without a
puiillc hearing on the matter as to
the will and desire of the people and
without uny petition or other Infor
mation except us the same might
have been exceedingly private com
munication to individual members
of the council from their constitu
ents. Nevertheless, the people pay the
bills.
Tetter, Salt Rheum and Eczema.
These ore discuses for which
Chamberlain's Salve is especially
valuable. It quickly allays the
smarting and soon effects a cure.
Price, 25 cents. For tale by E. M.
Laaktnan.
A FEW FINAL THINGS
FOR YOU TO CONSIDER
On Saturdav, March 7th, the
voters of St. Francois county will
dellnitely decided the ipiestion of hi
cal option, which bus been ugituted
for the past month. In these col
ii 1 1 1 m there have appeared each week
information bearing upon this sub
ject, designed In fairly present
the arguments for the adoption of
this measure. The discussion has
been conducted In u spirit of fnir
liess without abuse, without attack
upon the opponents. It is u source
of gratification tliu' the arguments
advanced have not as yet been
answered by anyone, although these
columns were declared hy the Kdltor
of the paper to be open to the other
side. Much matter has been printed
in one or two other papers of the
county bearing upon t he other side
of the question, hut these articles
were so evidently inspired by the
liquor interests outside of the county
that little attention has been paid to
them. The only local plea that has
been made is that with reference to
revenue and rock roads. The com-1
mittee for the local option campaign j
bus taken much pleasure in publish
ing the figures prepared by an efJI- i
cii-nt Coiiny clerk. Its answer to
these figures and the argument fori
revenue is fairly presented under I
the heading "III Miles Rock Knud."
After careful thought and delibera
tion, we are entirely willing to let I
the mutter rest with this us the final
answer to the pleadings of dollars
and cents. We believe that the or-1
ray of homicides, suicides and morel
or less serious woiiiidiugs from su- I
loon iirawis m tin mil .v mr tin-1
past five years, is an absolutely un- i
I answerable argument to t he plea,
I "We need the revenue of the
I loons.
' With the matter presented in this
' Issue the work of the publicity com
mittee is ended, for the time being
'ut least. That committee desires to
I thank all liners of fair piny for the
I kind manlier in which its work bus
bei il received.
Tue b. loon and Good Morula.
!t is n fact that not one person
in
n lllllidr-d will rise to the defense o
the's-ilo'iii as being any moral bene
" ' inutility. Observation,
UlSIOr IIIIU I'Api'l O'lll l- l l'-l l. i
i .1.... i. iu m 1
infiuei upon th orallty of any I
7S
You
good
LOCAL OVTlOft LEAGUE.
people. Regarding the saloon
whole, its influence pollutes
us a
both
public and private lite.
Tudor the luw it enjoys only such
rights us nre given to it under the
form of license. It is restricted us
to the hours it shall keep open; it is
closed on days of election, In tuiu-si
of calamity and during periods of
great public excitment ; the sale of!
Its goods are restricted to minors
and other classes; it is Invariably,
tin- companion of vice, as is borne j
out by anyone who will read the I
story of the wine room, the story of
the gambling tables and records of
the various centers of the popula
tion. Its record of live or six years
in St. Francois county alone with
its homicides and suicides, Its brok
en homes and divorces, its poverty
mid want, sin and shame to young
men and women, merely confirms
the wisdom and the necessity of the
legal restrictions thrown about It.
Few men would think of rearing
their families In close proximity to
11 saloon. All these things and
many others that might be added
have definitely fixed the status of
the saloon as u pernicious influence
to morals. Morally, without refer
ence to religion whatever, there can
be no pica made for its perpetuation
in St. Frpncois county or elsewhere.
t
The Saloon Revenue.
In answer to the amilgment
aguinst it, the saloon and its advo
cates ulwuys reply "we need the
revenue from the suioon to carry on
our miiuinipul and county affairs."
In answer:
1. In such counties as Pemiscot,
Dunklin, Calluwuy, Madison and
such cities as Kennett, Frederick
town, Fulton and other counties and
cities too numerous to mention, the
dire calamities predicted when the
saloon revenue was taken away have
not as yet materallied. Un the con
trary, both public and private busi
ness have felt a financial benefit
from the closing of the saloons. A
man may guess aa to what the re
sults will be, but he does not iruess
by the experience of other counties
and towns when ne says, sumou , -eiiiie
Is absolutely essential.
Kveii the advocates of tin- sa
loons from a revenue standpoint ad
mit that there will be a decrease 111
criminal costs and ill the costs of
policing when the sal is are closed.
Here is another Sin illg.
X Tl stimiiled half million
dollars going out of St. Francois
count v each vear from its lis saloons
is a direct and distinct loss. V ittl-
Ollt the sal It will tie dixerted In
to li'L-ilioiate channels and each
iiieiiilier of socletv will necessarily
receh e the benetl't from having this
immense sum remaining at home
and legitimately employed.
4. ( dollar per capita will pay
in St. Francois county the entire
amount now received from the sa
loons licenses.
.1. Tin' attitude of the saloon in
demanding Its retention from a pure
Iv revenue standpoint is clearly de
ilieteil in the following circular pub-
ished bv the Local Option League.
Who is My Muster.
I urn viuir master. You do not
believe lile to lie an Influence for
good in your community; you do
not indorse me along any moral
lines; down deep in your heart you
are opposed to me.
Hut I am viuir master. My whip
is of gold mid its lash is tipped with
silver. I pay you annually;
I am so Interwoven with your life
that von an- afraid to let me go. I,
the Saloon and Liquor interests, am
vour muster.
Local option League.
If the argument from a rni-nm:
standpoint is a g I "lie, it logically
loads tn th inclusion that all vice
coiilv he legitimately anil property
in-en
jo Np
ed. In fact, Mr. Lyonnergi-r.
liking at u banquet in St l.oins
given I
sii-ipurpos
an association, the uvoweu
d which was to perpetuate
ii... i,.ti .I..!- oreil t but in ins iniig-
: incut the City of St. Louis had
I made a serious mistake when it
; took the license otf of the social
evil. Are the pie of St. Francois
counts willing to a pt such a
'dictum? If not, then because the
saloon is a moral evil tin y will vote
, to do away w ith it mi next Saturday,
..U.. In i. thelosehes open to the
..i,..r,.,. .,f' liiconsisteiicv. Head tin
article in this tmpcr entitled
I Miles Hock Koud."
Ill
Tn9 wiU Not be Enforced
.1 ..t ll.,.u
ll Is I. .in to be leve thill those
who make the charge
that the luw
o
'
:
::
t
::
r 1
A
do not believe
in your com-
,vi
J
will not be enforced are sincere.
The Judge of the Circuit Court, the
Sheriff and Prosecuting Attornev,
all honorable men, have definitely
declared that their influence and
powers shall be devoted to the en
forcement of this and all luw in the
county. I'nder present conditions
there is no reason to believe that
the local option law will not be en
forced equally us well as those other
laws upon the statute hooks, ami by
far much better than tin- saloon laws
have been enforced during the en
tire past ten. years.
lint it is argued by some, local
option was a failure years ago. Ad
mittedly it did not su d as its
advocaies had Imped it would, hut
those who lived in the past fail to
recognize certain changiil condi
tions. Local option w ill carry to
day by 11 much Irrger vote than the
small M or IK) majority ten years
ago. In recent years, the people of
the I'liiled States, and particularly
of our own State, have awakened to
the necessity of luw enforcement.
Conditions un- so changed that with
confidence it can be predicted, the
local option law if adopted in St.
Francois county w ill not be a fail
ure. Hut some say us much liquor will
be used then us now. This objec
tion is not made in good faith, and
on its face it is absurd. Why in the
name of reason and all that is fair
would the liptior Interests be so ur
oused throughout the nation if local
option and prohibition adoption did
not mean a muteriul loss of revenue.
On one hand they argue liquor will
be sold anyhow, and on the other they
say that If you vote for local option
you are rul:iing great Industries and
throwing men out of employment.
They should take either one side or
the other, they cannot take both.
In the present campaign and else
where throughout the state It has
been argued that local option was a
failure In Kansas, and In various
counties of Missouri. These state
ments have almost invariably come
from irresponsible parties 01 those
who were discredited In their home
X7 mi awwuaii ""'1 iT 1 -.
jm and Cake lighter.
IT .yjM 1IMOH
KMril
rareszj iiultiliuus ana wnuicbume f-xvj s
III MniPAni I El l
! effliBPDWBEil ii
i 111 Made from pure i
I wdk Grape Cream of Tartar
m L'J " I
B 'vvy No alum No lime phosphate 1
El ." .;.-;;-.... ! r
W . ."." " - " W M
towns. When ll.'i per cent of the
reputable business men of Kansas
City, Kas., go on record sta! ing t hut
tin- closing of the joints bus bei n a
direct benefit and is a great sin ss.
who will pity attention to statements
inude by those discredited purties.
It is true thnt under the luw of
Kansas anyone can secure whiskey
from ii drug store hv merely muking
un affidavit that he needs it for med
ical purposes. Those who visit
Kansas City as deb-gates and in
vestigators In their reports fail to
call attention to this nectiliar con
dition, lu M issoiiri when local op
tion is enforced the drug store can
sell lipuor only upon a physician's
prescription, and if he offends twice
ids license as a druggist is taken
away from him. The physician is
in i ii 'i i n) 1 1 ' to the State Hoard of
Health when he writes prescriptions
that lire fraudulent. Numerous
cases can be mentioned in Missouri
where the drug store and the physi
cian alike have found the luw not to
he trifled with. If is published
pi'oiiiineiil ly that the Mayor ol
Higginsv ill'e, Missouri, and others
brought back a report of conditions
in Kansas City, Ivan., discrediting
local option there. These same
printed reports do not mniiy the
furt 1 1 r intelligence that in spite
of these adverse reports lliggms
ille rolled up n majority against
the saloons.
Tin- law can and will be enforced.
Personal Liberty.
The advocates of t he saloon con
tend that pusoiiul liberty is in
volved ill the question of Local
Option. They do not make a fair
statement of the case. Whenever
anything becoiues u menace to the
morals or the life and property of a
large number of citizens, the de
struction of that influence is not an
Infringement upon personal liberty
nor is it destructive to self govern
ment; on the contrary it conserves
the personal liberty of the largest
number as well as conserving (!o
eriimeiit itself, otherwise as social
life becomes more uud more coin
nlicuted and men live in more close
ly settled communities, he Is com
pelled to give up for the good of the
whole that which he might enjoy if
he lived as all individual. There is
such u thing us oersonal liberty de
generating into license.
local Option and Labor.
The false friends of labor raise
the argument that a vote for Local
Option is u blow to labor: that if
I al Option is iidopled the labor
market will be glutted. There an
several answers that can he inude to
this absurd position.
I. With regard to the breweries
and distilleries there is no iiiauii
fiii'tiii'liig business upon earth into
which us little labor goes as in the
production of beer and whiskey. It
the money now invested in this was
diw-rtcd to legitimate iiianuructuriiig
enterprises, into latins or in other
classes of business more labor would
be neci-Hsary for th- carrying on of
this enterprise.
'J. The use ol liquor is a distinct
loss to the working man, as it is to
all others who indulge. A much
money is wasted in St. Francois
county for beer and whiskey in one
year as would ghe employment In a
large number of men.
II. The saloon is absolutely no
benefit to the individual working
man. but on the contrary his hard
earned money, which ought to go
for the Improvement of his living
conditions uud suppoit of himself
and family, goes to enrich the liquor
inuniifucturers. The working men
of St. Francois county are growing
weary of buying a multiplicity of
homes and automobiles and piivate
cars for the liquor magnates.
31 MILES OF ROCK ROAD.
Continued from Page 4,
Hrvant run over und killed by the
M.' It. & H. T. truin at Flat Itiver.
May 17-Plstol battle in Itlue
Goose saloon. Two Hungarians
and three Americans wounded.
July 4 Frank Walker severely cut
Murice Cox at Hismarek. Drink
ing led to quarrelling. Former four
years in penitentiary.
July 10 James McCain killed by
freight train on Iron Mountain, near
DeLassus. lieon to Bismarck,
drinking.
Aug. 18 Less Ross shot and killed
viaKes the Uiscuit ftp
in saloon at Ioe ltun hy 'IV c a ol
James Francis.
Aug. L'U lldie William. !,-
Mose Itridges, the I. it, r ilrinl. iii"
Nov. 14 Harry A. Lett si ,,i md
killed by O. P. Sle( arv or in i F i: :n
iiigtou saloon.
NoV. 14 tieorge (i'-ribm sell! to
penitentiary for seven years for
perjury grow Ing mil of ubme ease.
1004.
March K-Triiiko Kiit-ilvci in'i'i.
dentally killed hy Van-like Iiobrol-
sky wit ii shotgun. it Ii ot I mi s tiny
were canning beer near Ulin lioose
saloon.
July 4 Joseph Ciuin slot and
killed Sum and F.d ll:inn and wound
ed young lady at picnic at Knob
Lick. Liquor had its part i:i the
tragedy.
July II Dick Newman (("id fmir
loads Into bndv of Anthitiiv Ni'l.'m.
Said to have previmislv in, in oiled
in saloon near Flat er,
Sept. ,'i Jake Wooleiii killed near
Ili'solge. All in partv s.-jd to Iium-
been drinking.
Oct. J4 Jerry lligbley c mir tted
suicide ill Star Milium in u ant
well. Had been drinking I n'!y.
190ft.
Jan. Is-Jim Harris ).,, and
killed Dun Sparks in -'.lv ins. I)is
turhunco and tragedy in saloon and
yard in its rear.
July -l-Oain liowen killed Win.
Moore with chair, (uarn-l began
ill saloon In Claytown over board
bill. The latter was intoxicated.
Sept. 4-Kllls Coirinan killed John
W'. Knlli at Flat River. Th- hitter
had been drinking hcavilv,
Sept. 4 lioorue Horn shot and
killed Constable Hums at Flat
Itiver. Former had been drinking.
Sept. 4-Clarence Mailer kill-d
(ieorge Nelson at Daytown. The
latter had been drinking.
Dec. Ill-James Wright stabbed J.
N. Cook at F.lvins. Had been
drinking.
1906.
Jan. L'l-Chus. Motsch serioiislv
injured Zeno Cole ut Leadwood.
Liquor played Its part.
Feb. pl John Sutton shot and
wounded Win. KichariUon and Wude
Hampton in hitter's saloon ut Kl
vins. June ll-Mlite McMillan, while
Intoxicated, shot and wounded F.d
shannon at Fraiikclay.
Julv '.tl Juke Nolaiul shot and
killed John Knloe near spider sa
loon in Duvtown. Moth consider
ably under the Infttieui f liquor ut
the time.
Sept. L'lt Arthur Thompson killed
Willis Neul in Tucker's saloon ut
Flvins.
1907.
Jan. --' ! Ieorge Ketcherside shot
In arm at Spider saloon nt Daytown.
Disturbance caused by intoxication
April llil-Hubert lila'ek while drunk
and causing disturbance, twice shot
Night -marshall F.uilnott Justice at
Flvins. Five years in penitentiary.
May is Jim Harris shot by tb'o'
(build ut Joe Smith's saloon Kl
vins. July I John McL.-inii y, drinking,
shot and painfully w -on i i -( t I ieorge
W. I.ashlev lit Doe Hull !llltt No. 4.
July I - Klihu"( ioinL- .- id'U-.'illv
killed while going home intoxicated.
1908.
Feb. S Kmim-tt Mono shot and
killed i-.ii Kohtnsiin in Doe Kmi
loon .
Feb. lS-Citv Marsl.i 1 f ....
Ml-
lialv,
ol .Ivins, shot l-.d 1- reemaii
III the
Latter
peace ;
neck in r.lvms sab n.
drinking and disturbing tin
resisted arrest.
Fell. IS llenrv llnbl.n'.l
Wl;
drinking, assaulted ami alletnpted
in roo v mis. nrenner at r ial Itiver.
hcli. --John Fvans shot and
killed by Win. Holly h, Doe Hun.
hornier drinking.
to tin- above urruv of im-i i,..u-
Ing the ravages iif Ii r :i .-1 .
Francois county in C.,. i.e
years, aild the suicides :ioi, m . i.
the divorce cases from drink II ,'.
quarrels and disturbances not pub-
iisneu, me irugeciy o want in m.-inv
homes, neglected families, broken
homes and untold suffering and pre
mature deaths of muny good men.
Aim i-i inn opponents or local op
tion point to .'II'-' milws of r....b - i
fJi.OUO annunl county saloon rev
enue.
Think, Mr. Taxpayer; think, Mr.
Business Man; think Mr. Laboring
Man. The countv mid fi,m.
provements will go right ahead
witnout saloon revenue.

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