Matter of Application of Lieritz

Information was filed against Kate Measor and she was tried and convicted thereunder for selling, furnishing, distributing, and giving away alcholic liquors in the fifth supervisorial district of the county of Orange, which was and is “No license territory.” Her alleged crime was a violation of the Local Option Law commonly known as the “Wyllie Act.” It is admitted that prior to any complaint being lodged against petitioner, there was an election held in the fifth supervisorial district of Orange County, whereby the question of license or no license was submitted to the voters and that a majority of the votes cast not being in favor of license, the board of supervisors declared said fifth supervisorial district would be “no license territory” on and after ninety days from the date of the election. But since there was at the time of said election a valid ordiance, which has not since been formally repealed, prohibiting the sale or distribution of alcoholic liquors in Orange County, petitioner insists that the Wyllie Act did not operate upon the territory in question, and if guilty of anything at all she was a violator of the ordinance and that she was tried under the wrong…