The Indiana State sentinel. [volume] (Indianapolis) 1868-1895, 1875-05-13
THE LIQUOR LAW.

THE OPINION OF JUDGE LONG OF THE woo
CRIMINAL COURT on THE STATUS OF THE
SAME.
Hon. Thomas B. Long, one of the most
scholarly and ablest lawyers of the Terre
Haute bar, has furnished the Evening Ga
zstte OF that city with the subjoined state
ment of his views of the status Of the liquor
law OF this state. The fact that he is Judge
of the Vigo Criminal Court adds weight to
his opinion, though not officially rendered.
He says: A question exists among parties
interested, whether permit to sell Intoxi-
eating liquors, procured under the
law known as the Baxter bill entities
the holder to make such sales for the
period of one year from the date of the per
NIT, or WHISTLER the act of March IL 1875, re-
pealing the Baxter bill, does not by such ap-
peal annul all permits granted under it, and
make It necessary for all parties to procure
licenses at the juno sessions OF the board of
commissioners. There is a provision in the,
constitution of indians that ''nO law impair
ing the obligation OF contracts shall ever
be passed." and it is upon the constrac--
ton OF this provision that the foregoing
question must he determined. Had
the Baxter bill required the applicant for IL
cense to pay certain sum into the county
treasury for the use of the common school
fund, the question whether the permit
would be contract within the meaning OF
termine, as there would then appear TO be
a consideration paid by the holder OF the
permit for the right therein guaranteed hims
but even in sucA case, the Supreme
Court of Ohio were inclined TO the opin-
ion that the legislature, by repeal of the
law, could deprive the holder OF the license
of all rights hereunder, which they quail
fed no further than with the dicsuan that
common honesty would require that the
money obtained fer it should be refunded,
in case of its revocation" Hirn VS.. the
state of Ohio, / Ohio st. Il. 2l.-Where,
however, no sum of money is paid into the
public treasury by the person receiving a
license, and no money whatever is paid ex-
cept the fee OF the officer issuing It. there
seems to be but little doubt in
THE RULINGS OF THE COURTS.
The Court OF Appeals OF New York, in COM
menting upon law similar to the one now
under consideration, says that, while it is
trne that, in terms, it rsvokes licenses
granted under a previous law, yet, that is
no encroachment upon any right secured To
the citizen as inviolable by the fundamen-
tai law. "rheSe licenses TO sell liquors
are rot contracts between the state
and the persons licensed, giving the lat
ter vested rights, protected on general
principles by the constitution OF
the United States against sub
sequent legislation; nor are they property
have neither the qualities of contract or Of
property, but are merely temporary per-
mits to do what otherwise would be an
offense against a general law" Metropoli-
tan Board of Excise VIZ. Barrin, 81, New
York, 667. II has also hesn held by the Su-
preme Court of Massachusetts, that license
TO retail spirituous liquors, granted for one
year, and tor the issuing of which the holder
has paid one dollar to the clerk of the board,
"a required by the statute, il not a contract,
and is annulled by the passage, within the
year, of statute prohibiting all sales of in
toxicsting liquors, except in certain cases
not within such license. Tie court in this
opinion emphaticslly observed: The whole
argument of the counsel for the plaintiff
is founded on fallacy. A license
authorizing person 70 retail in
to2icaiing liquors does not create any
contract between him and the government"
Ca Ter VS.. Kurby, 5, Gray, 597. Although
there are some decisions on the other side
OF the question, the current of the authori-
ties seems to be as above. / can do no more
than guess at what may be the ruling of our
Supreme Court upon this question, nor can
say how far, if at all, my own views may
be changed by full and thorough presenta>
ton of it. 1 only give this statement to the
public that all parties interested may take
proper counsel, and so govern themselves as
to be safely within the letter and spirit of
the law. THos. b. LONG.
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