The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1895-02-26
THE NICHOLSON BILL
SOME OF THE ALLEGED DEFECTS
OF A sIUCH-DISCUssED MEASURE.
Claim that 1t Discrimfnates Against
the Licensed Dealer and Licenses
Drug Stores Unhampered.

To the Editor of the Indianapolis Journal:
The Nicholson bill in its present form
ought not to become law. If enacted at
all, it should be very materially amended
While the bill in its present form places
many onerous restrictions upon the sale of
liquor by licensed Dealers or at least at
tempts to do So the provisions applying
to the keeper of a quart shop or the drug
store keeper who does a saloon trade with
out taking out license, amount to practi-
caliy nothing. The bill might. well be en-
titled "A bill for an act to encourage drug
store drinking, and the keeping of quart
shops. There are several errors in the
grammatical construction of the act one
or which, in the first section, is the use
OF the singular pronoun he with the plural
antecedent "all persons" But mere errors
IN grammer count but little as against the
substance of the act. The substantial re-
strictions upon the sale of liquor contained
IN the second third and fourth sections
OF the bill as finally amended in committee
OF the whole in the House apply only to
persons holding licenses issued under the law
OF the State of Indiana and to rooms in
winch such licensed persons are authorized
10 sell liquors These actions in terms apply
only 10 licensed dealers, and there is no
possible
construction can make them apply to the
Keepers of quart shops and other n,acas
Waere liquors may be sold without license
osc1ion 10 has been construed by some as
quart shops But / see no possible wav in
Wnfch any court could SO construe that sec
.ion. IL enacts that the provisions for re-
Voklng licenses shall apply only to pro-
ceedings under the laws of the State of
nHulana. ana the penalty provided for a
ne e.aon OF tb sections and includes
oI tne person convicted, as provided i'm the
latter clause of Section A. Unless the per
S Teta ma; has "a license from the State to be
r i.ss;a ne does not come within the pro-
visions of either Section 2 3 or 4. as thew
are ann,, arawn or of Section, 10. for that can
license revoked. A person who has no IL
cense from the State can not violate Sec
IONS 2. or L. Sections and are the only
parts OF the amended bill which would ap-
ply 70 person who does not have a H.
cense from the State. They apply by their
s sallns generally to persons engaged in the
SAFE or liquor. II it is necessary or desr-
able that such restrictions as are Contained
IN IN, sections 2 and of this bill shall be ap-
plled TO holders of retailers license If is
much more necessary that provisions he
made to restrict and discourage the sale
OF liquors without license
This bill. if enacted into law would vas+
~ encourage the sale of liquors without IL
cense. The bill attempts to make person
noiding license for the sale of liquors pro-
vide for the sale of such liquors in a room
wholly separate and apart from anyother
puSlness " any KIND; yet 1T makes no pro-
VISION that the man who desires to sell nv
the quart shall not run his LIQUOR business
IN connection with a restaurant or any
other business which he may desire. So It
is provided that no devices for amusement
or music, or partitions of any kind in the
rooms shall be permitted by licensed deal
ers, yet 1t permits every kind of amuse-
ment and music and such partitions as NAV
be desired in a place which is kept as a
quart snop without State license. The OBJ
ject of this section is claimed to be to break
up the wine rooms and designation bells con-
nected with many disreputable saloons; vet
It's whole purpose may be evaded by the
keepers of places not taking out State IL
cense And moreover, the third section
provides for. the exclusion of all persons
from licensed places at the hours and upon
the days when it is unlawful to sell LIQUOR.
and provides for securely locking such places
persons to go in and out. Yet the keeper Of
a quart shop may, without violating any
provision OF this proposed statute, permit
sire to enter his place of bust
ness, which, as We have already seen,
may be subdivided into as MANY rooms as
he may wish. There is no means provided in
this bill for the punishment of the unli-
censed dealer for so permitting persons to
liquor. In addition to these discrimina tons
against the licensed dealer and in favor
OF the unlicensed seller of liquors, it is
ness of licensed dealer shall be situated
upon the ground floor or basement of the
building where the liquors are sold. and in
a room fronting the street or highway upon
which the building is situated, and that
the room shall be so arranged, either with
of said room may be in view from the
street or highway, and that no blinds,
be arranged or placed so as to prevent the
entire view of such room from the street
or h ss15ssaS d,Sn which The the same
hours when the sales of such
far as this proposed law is concerned it is
perfectly lawful and legitimate for a seller
hyr tn lneo 70 fS caIa
story of a building which he may see fit,
from the ground up. or to sell on the roof.
He may locate his place of business upon a
back alley, and have screens and blinds ar
ranged at all days and hours, whether
liquor may be legally sold or not, and no
provision of this proposed act can possibly
be construed as affecting him. He has no
license to be revoked, and the material pro-
visions of this bill, as have already said.
contained in Sections 2, 8 and 4, apply only
to persons having license to sell liquor at
retail.
knows VINO has had experience prose
cutting attorney or deputy prosecuting at
torney. that there are provisions Of the
toxicating liquors which cannot well be
enforced. But, from my experience in
law while deputy prosecuting at
torney, and from observations at other
times. am greatly. of the opinion that there
is much more need of more stringent laws
to suppress Illegal sales of liquors In quart
shops and drug stores than there is of
more stringent regulations upon the sale OF
liquor by licensed dealers In great many
places the drug stores get the cream of the
trade which legitimately belongs TO the
saloons, and the Nicholson bill as finally
amended in the House does not attempt in
any way reach the drug store keepers
who steal the trade belonging to the saloon
keepers. As already pointed out, the bill is
not SO framed as to restrict the sales of
liquors in quart shops, but on the con-
saloon keeper to avoid taking out license.
1t is notorious that nearly every man rho
runs quart shop $50 called) does a retail
liquor business in violation of the law. but
the difficulties of detecting Offend
ers are SO great under the present
statutes that convictions of violating the
law are few and far between. This bill Of
ed 1t viii do nothing to aid prosecutors in
detecting violations of the laws by the
keepers of quart shops. but on
encourage the violations of law by
placing onerous restrictions upon the IL
censed dealer which do not apply in any
way to the unlicensed dealer. This bill, ii
it becomes law, will decrease the revenues
of the cities and counties OF the State de-
rived from liquor licenses and encourage
the violation of the liquor laws upon the
part of the keepers of the quart shops, as
slgnation houses and other disreputabir
places, which do not take out any State or
city license for the sale of liquors. 1t will
drive the liquor trade from the licensed TO
the unlicensed dealers. We have had some
experience here with quart shop dealer.
dealers in liquors have been refused
license by the County Commission
ers and have continued TO do business
quart shop keepers, apparently selling as