Local Option Laws.ppt


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Local Option Law in Kentucky

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  • Local Option Laws.ppt

    1. 1. Local Option Laws By Justin Hankins Nov. 2008
    2. 2. Section 61 <ul><li>Added to the KY Constitution during the 1890-1891 revisory session. </li></ul><ul><li>“ Provisions to be made for local option on sale of liquor ; time of elections. The General Assembly shall, by general law, provide a means whereby the sense of the people of any county, city, town, district or precinct may be taken, as to whether or not spirituous, vinous or malt liquors shall be sold, bartered or loaned therein, or the sale thereof regulated. But nothing herein shall be construed to interfere with or to repeal any law in force relating to the sale or gift of such liquors. All elections on this question may be held on a day other than the regular election days.” </li></ul>
    3. 4. 1 year later, notice the added wineries
    4. 5. Anti Saloon League
    5. 6. <ul><li>Civil war  liquor excise tax to provide war relief funding, supposed to be repealed after war. (Local Option Movement, p472). </li></ul><ul><li>1851 Maine was the first state to prohibit alcohol. </li></ul><ul><li>1883: Georgia’s is the first state constitution to institute local option laws. </li></ul><ul><li>Kentucky’s first local option legislation came in 1874 (before the 1891 Constitution). By the time of Federal Prohibition nearly every county in KY was voted dry. In Breathitt County the vote was close and tensions were high, offices for “Hustler” a local newspaper were blown up. ( History of Kentucky p.993). </li></ul><ul><li>Around 1922 there was even a movement to outlaw tobacco. (History of Kentucky p.993). </li></ul>
    6. 7. The Yale Law Journal, Vol. 19, No. 5 (Mar., 1910), p. 387 <ul><li>INTOXICATING LIQUORS-LOCAL OPTION-&quot;SPIRITUOUS, VINOUS, OR MALT LIQUORS.&quot;-CITY OF BOWLING GREEN V. MCMULLEN, 122 S. W. 823 (KY.).-The Kentucky statutes, I909, Sect. 2557, made it unlawful, after a local option election resulting in the vote against the sale of &quot;spirituous, vinous, or malt liquors,&quot; to sell any such liquors. Held, that in view of any prior judicial construction of the words in prior statutes on the sub-ject, the statute is not violated by the sale of malt liquor containing less than two per cent of alcohol, and not intoxicating in the largest quantity in which it may be drunk. O'Rear, J., dissenting. </li></ul>
    7. 8. Opposition to local option prohibitions
    8. 10. <ul><li>The Yale Law Journal, Vol. 19, No. 5 (Mar., 1910), p. 387 </li></ul><ul><li>http://encarta.msn.com/encyclopedia_761564677/prohibition.html </li></ul><ul><li>US map from: http://en.wikipedia.org/wiki/Dry_county </li></ul><ul><li>Robert M. Ireland, Robert F. Stephens, and Kentucky, The Kentucky State Constitution , 1891. p73 </li></ul><ul><li>Charles Kerr, William Elsey Connelley, and Ellis Merton Coulter, History of Kentucky , 1922. p993 </li></ul><ul><li>S. E. Nicholson, Annals of the American Academy of Political and Social Science, Vol. 32, Regulation of the Liquor Traffic (Nov., 1908), pp. 1-5 </li></ul><ul><li>ABC: The Alcoholic Beverage Control department. http://www.abc.ky.gov </li></ul><ul><li>http://www.temperancetantrum.com/Temperance%20Songs.htm </li></ul>