Daily State sentinel. [volume] (Indianapolis, Ind.) 1861-1865, 1865-09-07


strants. by their attorneys. moved TO reject the
applications. for the reason that the papers were
not stamped with Government stamps This
point argued by counsel. and adjourn
ment at noon the Board announced that they
would take counsel from their legal adviser, Mr.
Porter. on that point.
In the afternoon, Mr. Porter declining to give
an opinion, and the Board having applied TO
Judge Morrison, the following written opinion
was presented. prepared on very shor. notice As
10 n important. we give il in full:
ISpIASAroLIs, Sept. g, 1865.
To the Honorable the Board OF Com missioners
of Marion: Gsntlemen-I am requested by your
President to express an opinion upon two ques-
tons:
lst. Is il . substantial compliance with the
81 section Of the Act of the 9Th March, 1859
regulating and licensing the sale of spirituous
liquors. &c. Il. g. 4 H, Ga TO publish
notice of the intention of the person intending to
apply for license, in a newspaper printed in the
German language. where, however. the pariicu-
lar notice is in English.
ID Does the notice. or the proceeding require
an Internal Revenue stamp
The time afforded me to answer yoar Ques-
lions has been so brief that the answers must be
s'of hand
The first question must answer in the mega
tive. Although the act does not specify that the
iished, shall be in the English language; vet it
must be so understood; and will. | have no doubt.
be 50 construed by the Courts, when the question
comes fairly before them Any other construc
ton. il seems TO me, would do violence TO the
intention of the Legislature
What is the object Of the requirement. The
section under review answers the question, to-
wit: ito oire notice TO the citizens OF the town
ship"
=
than English, or in any other newspaper than
one printed in that language, would, in my opin
ion. be mere evasion "of the law.
In regard TO the second question, | not
prepared to answer It.
Respectfully. j. MoRRIsos
On this opinion the Board decided that all
notices published IN German papers insult
fcient and the applications vete rejected
They also decided that no stamps we're re
auirei on the papers for the application of
licenses.
In several cases the applications were rejected
because the description Of the place OF business
vas not accurate enough to locate il properly
In one or two cases the blank forms we're not
properly filled, and the application WAS rejected
In ali other cases the Board will decide TO day
The counsel for the remonsirants asked that
the Board would 6 I the amount snc form OF the
boui REQUIRED 10 be filed BY the remonsiranis be
fore they decided to grant license. giving them
time 20 write and fill the bond. aud hle the re
nonsrance, in each case. before the license
could be issued by the Auditor, and that the
Board would make no decision. in any case, Tn
Ill the bond and remonstrance were ready.
The Board announced that on consultation they
had determined to hx the amount Of the bond
required Of remonstrants at 50. 600. IN each case
Pleasant Bond Was appointed School kan
iner. to fill vacancy oecasoned BY the resignation
Of Cyrus Smith.
Abnsf Mills Was APpoDsd 10 distribute funds
tor the relief Of families OF soldiers aud seamen
Of Decatur township