The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1895-09-07
LICENSE TO MUELLER
MAY CONTINUE TO SELL WHISKY OP-
POsITE THE HIGH SCHOOL.
County Commissioners See No Reason
Why This should Not BE DOne-A
Minister Is His stOm

Harry Mueller. who keeps a saloon at
the corner OF Pennsylvania street and Fort
Wayne avenue, was yesterday granted a
license by the County commissioners An
effort was made TO send in a remonstrance
against him under the terms OF the Nichol-
son law. but the persons in charge or the
remonstrance blanks failed TO get the num-
Der of names required. About 42 people
signed the remonstrance, but this was one
hundred short of the number needed under
the law. This was acknowledged by Eli f.
Ritter, who appeared for the protesting
part of the ward, and the case then went
before the board on the merits or a re-
monstrance signed by Charles M~artindale,
as president of the School Board, In which
ne demonstrated against the grant OF the
license to Mueller as an unfit person. Mr..
Seidensticker. who appeared for Mueller,
then moved to strike out the remon-
STRANGE on the ground that the board, not
being a voter, has no right to demonstrate
in that capacity. The only other remonstra-
tor was Lew Nicolai. a resident voter, but
he was allowed to withdraw his name in
order that he should not alone be COM
PEELED to bear the costs OF the action. The
Commissioners then, under advice of w. w.
Spencer. sustained the motion OF the appli-
cant and the license was granted. Captain
Ritter informed the board that the remon-
STRANGE under the Nicholson law failed be-
cause there were too many persons looking
after the securing Of signatures. and that
the time for demonstrating elapsed before
the confusion could be Strengthened out.
The board ruled in the Democratic way
in favor of the applicant on every point
raised by the demonstrators. The form OF
notice was first attacked by Captain Rit-
ter, who commended that, as 1t
gives notice ito the citizens Of Center
township" and not to the ward. it fails
to be a legal and regular notice and, there
lore. void. under Section 1914 r. s., which
says that ANY male inhabitant over TWEEN
ty-one years of age. desiring TO obtain a
license TO sell intoxicating liquors shall give
notice to the citizens of the township,
town, city or ward in which he desires to
sell. Capital Ritter commended that, under
the intent of the statute, the notice was
not given TO the citizens of the ward, and
that. in fact, under this section, the town.
and thai citizens demonstrating as citi-
zens OF the township would not have a
standing before the Commissioners. He
was, therefore, defective. He suggested that
trouble may hereafter arise TO the holder
of the license on the defectiyeness of that
notice. Mueller's license will not expire
until November and his new license does
not go into effect until then. The remon-
strators have not yet decided whether TO
appeal the case TO the Circuit Court on the
ground of defective notice, or to wait until
the business Is carried on under that notice
and then bring an indictment for selling
without a license. Captain Ritter said. yes
terday, that If he were the applicant, he
would dislike to rest his business on a
notice as badly drawn as that.
Mueller was the only witness examined,
though fifty or more were in the court
room waiting to be called. He testified that
he had not permitted the High school boys
TO loiter about his place ana that he had
given his bartender orders to sell to no one
not beyond doubt of legal age. He said
that six or seven months ago ne had sold
liquor TO children coming with buckets and
with an order from their parents, but that
since the Nicholson law went into effect,
he had not continued this practice. 1t
was brought out in testimony that the
saloon Is situated directly across the street
from the High School and from the Insti-
tute for the Blind. Captain Ritter argued
deprive Mueller OF the license. but the argu-
ment was lost on the Democratic Commits
sioners. The petitioher stood solely on his
strictly construed legal rights all the way
through and availed himself of every tech
nicality OF the law. W. w. Spencer, in the
absence of County Attorney Brown. ad-
vised the Commissioners on legal points.
This defeat leaves the temperance people
only one victory at this sitting Of the Com
missioners. That Will be in Oakland. Law
renee township, where the majority have
very clearly manifested their opposition
to the saloon.