The Evansville journal. [volume] (Evansville, Ind.) 1866-1870, 1869-12-04
vol. Xxx.
a sharp LIauor Law.
Editors Journal:

i QeS1Fe TO d4ECCb NAAC atNSHAANN ~
the public to the most important of
the provisions of the act to regulate
the license and sale of spirituous,
vinous, malt, and other intoxicating
liquors in this. State, approved by
I Governor WILLARD. March 5, 1899. =
Such licenses are granted by the
Board of Commissioners, upon applI-
ton made to that body in due form,
and by the payment of fifty dollars
into the County Treasury. The penal
sections areas follows:
Section 9 prohibits the giving or
selling of intoxicating liquor to any
person who is In the habit of becom-
ing intoxicated. after due notice has
been given not to sell to such person.
Penalty--A fine of not less than five
nor more than fifty dollars.
Section 10 provides, that every per-
son who shall sell without such
license shall be fined not less than
five. nor more than one hundred, dol
lars, to which the Court or jury try
ing the cause may add Imprisonment
IN the County jail not eaceedtng thirty
days
Section II prohibits selling or Civ
ing liquor to any person under twenty
one years of age, or to any person. at
the time, IN state of intoxication.
The person 80 offending shall be
fined not less than FIVE, nor more than
one hundred dollars, to which may
be added imprisonment not e.Cceeding
thirty days. sAs
Section twelve prohibits the adul-
teration of liquors for sale, or the
selling of such adulterated liquors
knowingly, under a penalty of fine
of not less than fifty nor over five
hundred dollars. to tElBich may be add
ed imprisonment not ereeedtng three
months.
Section thirteen prohibits the keep
ing of disorderly house by such lie
censed person. under penalty OF a
fine of not less than fifty nor more
than two hundred dollars, to which
mag, be added anlpTis0anleRt not er-
ceedtng three months. p
This law forbid the selling of liquor
on Sunday, but as the section con-
tained no penalty for the violation, it
was nullity, until the act was passed
amending it In this particular, which
was approved by Governor Morton
December 10Th, 1865, and which pro.
vides that any person who shall sell
or barter any intoxicating liquor on
Sunday, or upon the day of any State.
county, township or municipal cleo
ton, shall be fined not less than ten
nor more than fifty dollars. &
To ensure the faithful execution of
these laws, the act of 1859 contained
this clause In section Ia: !" : and
| the Grand Juries of the several Cir
cult Courts shall have, and it is here
by made their duty to take, cogni-
zance of offenses against Its provisions
as in cases of felonies. n
It would appear from this section
of the law that Grand Juries hare no
choice. It IS their se0ofs duty to1Hdict
trGRsgTeSs0rs.
A few words upon another point:
Persons ignorant of the mode of pros
ecutipq offenders In the Criminal
Court, would infer from the tone OF
the Courier editorials on this subject
that the Judge of that Court possessed
some extraordinary power 60 arrest
land punish any citizen whom he
might select for that purpose-Which
is not the fact. No person can be
brought to trial for violation of the
law uHtil an indictment has been
found by the Grand Jury upon the
testimony of witnesses. The indlct-
ment is drawn up In due form
by the Prosecuting Attorney, and
and is returned or presented In open
court by the jury. The clerk o.. the
court then issues a writ for the arrest
of the accused, which is executed by
the Sheriff, who brings him into court
for trial. The Indictment is then
read to him, and he is required to
plead to the charge. If he pleads
quiLty, as is frequently the case, the
amount of punishment is determined
by the Judge under the law. Ii he
pleads not guilty, he is tried, either
by the Judge. or by jury, as he may
prefer. In the controversy now ex-
listing between the JOURNAL and the
Courier, I believe it is not charged that
either the Grand Jury of this county,
the Judge of the Criminal Court OF
any other officer of that Court, hai
failed or neglected to perform any
duty required by law. There is nc
charge that any innocent person has
Deen puDlS DeO lot cTlme. 4nOsS WIZ
were guilty, and only those, have
, suffered. The good people of this
city and county are interested In ;
, prompt, faithful and impartia
execution of the criminal law
and so long as that is done
, they will care very little abou
the question as to who was for, O.
who was against, the appointment o
the Judge of the Criminal Court
r the all important question being, is b,
3 faithful and honest in the discharg
of the duties of the Office.
, A. L. ROBINSON.