The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1885-02-14
High License and the Constitution.

TO the EDITOR or the Indianapolis Journals
The Journal assumes that if the McHenry
high license bill should pass it would be en-
forced by the courts This is mistake. The
Supreme Court has already passed upon it. In
Sweet the City of Wabash al Ind, 1922 the
court held that if a license fee becomes pro-
hibitory, as to any locality, it is void-that
while $500 may be constitutional in Franklin, it
is not in Wabash. (See Liquor Laws and De-
cisions 1851. The minimum fee in the Nc
Henry bill is $500 for beer and wine, and if
remember correctly, $500 for sprituous liquors.
That would be prohbtory as to Broad Ripple or
Southport, but might not be as to Indianapolis
hence it Is unconstitutional at least as
to such places, and whether it
is prohibitory or not becomes a
question of fact to be tried by the court. The
only possible way to obtain high license Is to
amend the Constitution by something like the
resolution introduced by Mr. Staley That pro
poses to allow high license, though it prove pro-
hibitory in some localities. 1t allows absolute
prohibition as to beverage purposes without af
fecting the wholesale trade or the manufacture,
and permits the exemption of given localities, If
desired. In other words, it proposes TO unite the
hands OF the people on this question. But it will
not pass. In the first place, it is not the ideal of
prohibltionists. They want prohibition or moth
ing. and they are not working for its passage
and probably would not vote for it if submitted
In the second place. the liquor sellers won't touch
it. They fight it relentlessly as they
would fight prohibition straight The right
to prohibit or to tax heavily, is what they will
not tolerate so that, between the two ex-
tremes. free whisky and no whisky at
all nothing will be done. And nothing should
be done by this Legislature, for the Democrats
were elected on the promise to oppose all legis-
lation Of that kind, and the Republicans prom
ised to say nothing on the subject. This Legis
lature. more than any Legislature for forty
years, is expressly or by implication pledged to
do the bidding of the liquor interest or let it be
| done But the McHenry bill cannot pass The
Prohibitionists are not opposing it, but there is
nothing in it for them to favor. If it should
pass they will do their part as citizens to get all
out of it that there may be IL it They will not
lead in measures to make it success but
they will follow cheerfuly and to the best of their
ability those temperance men who see in high
| license the grand panacea, and If it proves
success none will rejoice more than the Prohibi-
tionists. But the liquor power is a unit against
it. That settles the question. 1t will not pass.
There is one bill, however, that ought to pass by
a unanimous vote-the bill to protect licensed
| saloon keepers 1t is aimed at the hundreds of
drug stores that are in fact tlppling houses with
| out paying license. Whether the license fee
be 800 or 800, those who pay it are entitled to
| protection Every legislator must concede this.
| hence it is to be hoped that that will pass if
| nothing else does Saloon-keepers cannot op-
! pose it. and temperance men cannot. It is emf
uently just and proper. u. l.. SEE