Legislative Messages of Hon. James V. Allred, Governor of Texas 1935-1939 Page: 78 of 263
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the holding of local option elections to determine the present attitude
of the people.
6. Provision must be made for supervision and regulation of the
manufacture and transportation of liquors within the State.
The history of liquor legislation and enforcement, within our own
memory, has demonstrated the difficulty of dealing with this subject,
under any laws or no laws. Any system set up by the State, whether
regulation or monopoly, should be simplified so far as possible to expedite
collections of taxes and detection of violations.
Procedure in the prosecution of liquor cases should be simplified so
far as possible. For instance, it may be difficult in some counties now
to make proof that a given political subdivision was dry in 1919; or,
after a local option election has been held, to make proof of such
election. As a matter of fact, these matters are of common knowledge
in the counties or communities affected. No prosecuting attorney would
accept a complaint, and no grand jury I am sure would indict, for an
offense against the liquor laws in wet territory. It seems to me, therefore,
that provision could be incorporated in any regulatory act passed
that where an information is filed or indictment returned for violation
of the liquor laws in a given community in any county, the Court shall
take judicial notice (without allegation or proof) of the status of such
territory at the time of the alleged offense.
7. The laws of some States, as I understand, provide that liquors
can be manufactured, sold or transported only by corporations chartered
by the State for that purpose. Whatever provision you see fit to make,
I would suggest that the books and records of any person or corporation
engaging in the business be subject to inspection at all reasonable times
by whatever regulatory or tax collecting agency you may establish. This
will simplify the cost and expedite administration of the law.
During the old open saloon days the State's welfare was menaced by
monopolistic and political practices of brewers and distillers. It seems
to me that any law passed by you should prohibit the ownership of any
dispensing agency or store, or the furnishing of any fixtures, or financing
through holding companies or otherwise, by any brewers, distilling company
or other person or corporation engaged in any other branch of
the liquor business.
Various other details will necessarily arise in the passage of this
I think the people expect this Legislature to prohibit the sale of
liquor to minors or their being employed in places where liquor is sold.
The State's Attorney before the Court of Criminal Appeals, advises
that there are now pending before the Court 71 cases in which convictions
have been sustained for violation of the so-called Dean Law; and
that unless this condition is cared for by appropriate legislation these
cases will probably have to be dismissed.
My friends of the Legislature, the people voted for the general principle
of repeal of the liquor amendment; but they are looking to this Legislature
to carry out their desires by prompt, intelligent and clear-cut
legislation. This calls for unselfish, patriotic, earnest service.
Here’s what’s next.
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Allred, James V. Legislative Messages of Hon. James V. Allred, Governor of Texas 1935-1939, book, 1939; (texashistory.unt.edu/ark:/67531/metapth3899/m1/78/: accessed June 28, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .