The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1895-08-02
COUNTY COMMISSIONERS AND THE
LICENSE LAW.

The main object of the so-called Mich
olson law Is to restrict the evils of the
liquor traffic by securing the enforce
ment Of the old law and the punishment
of its violators. If the old law had been
honestly enforced and obeyed
during the twenty years since
1t was passed, the evils of the traf-
fic would have been very greatly cur
tailed, the saloon business would have
been rendered comparatively respectable.
and there would have been no necessity
or demand for the passage Of the Nichol-
son law or any other supplementary
measure. The passage of that law is
undoubtedly due to the growth of
popular sentiment created by the persist
ent violation of the old law by a portion
OF those who were granted licenses un-
der il. and by the notorious failure of the
authorities in many localities to en-
force its penalties
1t Is somewhat singular that in all the
efforts to reform this condition of things
and locate the responsibility for its ex-
istence so little attention has been paid
to the action Of County Commissioners
In granting licenses. Although the old
law was not stringent one, it gave
County Commissioners a discretionary
power which. If 1t had been steadily and
firmly exercised in one direction, would
have worked a complete change in the
status Of the retail liquor traffic through
out the State. and made the faithful OBJ
servance Of the law the rule instead of
the exception The law. after prescrib-
ing the conditions and terms under which
license might be granted. says: "Provid-
ed, said applicant be a fit person to be
intrusted with the sale of intoxicating
liquor and be not in the habit of be-
coming intoxicated: but In no case shall
license be granted to. person in the
habit of becoming intoxicated This
has been the law for twenty years, and
is still In force. Under 1t the County Com
missioners. had they chosen to do so.
could have reduced the evils of the liquor
traffic to minimum and made Indiana
the model law-abiding State Of the Union
on this question. That they have not
done 50 is not only their fault, but their
disgrace. The provision quoted gives
them unlimited discretionary power to
decide whether an applicant for license
to sell liquor is "a fit person" to have
one, and says that in no case shall Ii
cense be granted to person in the habit
OF becoming intoxicated. Under the
terms Of the law the commissioners may
fix the standard of fitness so high that
no disreputable, irresponsible or lawless
person could obtain a license, and the
law distinctly says that in no case shall
license be granted to a person in the
habit Of becoming intoxicated. If this
provision had been construed for twenty
years past in its plain and obvious spirit,
the entire class of law-defying and law
breaking saloon-keepers would have
been weeded out, the number of saloons
would have been greatly diminished, the
average standard of responsibility
among those engaged in it would have
been elevated. and the whole business
placed upon comparatively respectable
basis. That this has not been done is
mainly due to the moral cowardice and
the low standard Of official duty general
ly prevalent among County Commission
ers, who. almost universally. have con-
strued the law in favor of lawlessness.
Now that the better class of saloon-keep-
ers are falling into line in favor of the
enforcement Of the law as amended by
the Nicholson law, 1T is to be hoped that
County Commissioners will lend their aid
in trying to reduce the evils and elevate
the character of the business by estab-
fishing a new standard of fitness among
licensees.