The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1888-03-06
A NEW TEMPERANCE MOVE.

beginning of Proceedings to Test the Con-
stitutionaIity of the License Law.
When the Board of County Commissioners met
yesterday morning it found awaiting action
stack of applications for liquor licenses almost
foot high. Accompanying the applications were
unusual number of remonstrances, ard some
of them of such a character that insures the
! board small amount of labor and worry.
Along with the remonsrrances were three that
Auaueurate the new movement planned by the
Prshibltiouists The circumstances were filed
by Captain Ritter, who has been employed by
the Prohibtionists to look after their interests
against the applications fled BY Adam Banv. of
No. 3e5 North Noble street; Joseph SUI
ess, No. 40 Malott avenue, and
Patrick Ward, No. 635 North Mississippi
street The purpose in filing the remonstrance
Is to the consttutionality of the license law
of Indiana. In the papers filed. Captain Ritter
sets forth three reasons why the licenses should
not be granted, which are: l. That the law
upon which such application is based is con-
frnry TO the Constitution OF the United States,
and therefore void 2 Because the law pro-
vidas for and assumes authorize and license
ealoons and persons establish and maintain
places where Intoxicating liquors may be sold
In less quantities than quart and drunk on the
premises; assumes TO authorize persons 10
maintain and conduct places of resort
where such intoxicants may be sold
and drunk; that said statute and persons, places
and business, which it assumes 10 license and
protect are injurious and disastrous IN their
mature 10 the public health public morals and
public peace of the community where they are
located g. That said statute and law upon
which said applications are based is beyond the
power and authority of the Legislature to en-
act; is against public policy; IN conflict with
public welfare and therefore void.
Captain Ritter and the Prohibitionists base
their case a recent decision of the Supreme
Court of the United States, and believe that the
present license law will be declared unconstitu-
1ional by the Supreme Court. The commits
sioners set the case down for hearing on
Thursday of next week There will be
lengthy hearing, however, as President Reveal
says the board will adhere to its former policy
In such cases. and not comply with the remon-
STRANGE. The will then be taken to the Cir
cult Court, and from there to the Supreme
Court. In addition TO the remonstrances of tho
Prohibitionists, quite a number of others We're
filed. and all OF them will be heard Thursday
of this week. Nearly all those against whom
remonstrances filed have been before the
board applicants for licenses several times be-
TO three times. Among those who were not re-
fused last year, however, George
,kolcheck, who opened saloon on North
Tennessee street, opposite the baseball
park. The residents of the vicinity made
a very determined fight against the granting of
the license, but several public meetings that they
held did not influence the board, and the license
WAS granted. The Commissioners claimed at
the time that the remunstrance came in too late.
The license does not expire for month yet but
the residents of that psrt of the proposed to
sake time by the forelock, and have presented
Somonssrancs signed by nearly all the residents
OF Hall Place. 1t is charged that kolcheck is
not fit person to be intrusted with the sale of
tntoxicants; that his character is not good; that
he himself Is in the habit of becoming intoxicat-
ed, and that be sells on Sundays. The residents
propose to make determined fight against the
renewal of the license, and have TO be-
1ieve that the board will recognize their de-
mands They held meeting last night and took
further action toward preventing, if possible
the license from being issued.
O. Fl Rose, of Haywood. comes before the
board with third attempt to license.
and the remonstrants against the granting of
the license fewer than they have been be-
fore Nearly all the influential citizens of
Wayne township have signed the remonstrance.
There are also remonstrances against Alexander
Keefer, recently fined in the Criminal Court,
and August B. f. Teal, both of Oakland, Law
renee township. alleging that neither man is
f1t person to manage q grog-shop.
The Commissioners are expecting that more
remonstrances will be filed within day two.
Il is understood that another attempt will he
made to secure license and retail iDtoxicauts in
Acton and the citizens are prepared to submit
another remonstrance in case the application IS
made. The members of the board announce
that they will give all remonstrants a fair near
Ing, and will not override the will of majority
OF citizens to grant n license.