The Indianapolis journal., 1904-05-31
NEW LIQUOR LICENSE LAW
MAY Be FOUGHT IN COURTS
Opinion Expressed that Ordinance
Conflicts with Nicholson Law
and Is Illegal.
LAW IS IN EFFECT TO-DAY
Many Druggists May Refuse to
Pay Licenses, but Grocers Offer
Little Objection.

Whether or not the new Davis liquor IL
cense ordinance. which goes into actual ef-
feet to-day, will be assailed as unconstitu-
tional and carried into the courts for final
settlement is a question fraught with much
interest to the local druggists and grocers.
Although no little dissatisfaction has been
expressed. no steps have been taken by the
druggists TO fight the measure, and the
general policy seems TO be TO wait for the
other man TO make the first move.
That many of the druggists of the city
will not recognize the ordinance seems
probable. and rather than pay the license,
they will sell all their liquor by certificates
and prescriptions. 1t is expected, too. that
some of the druggists may continue under
present methods. and if prosecuted by the
city will fight the ordinance in the courts.
Many attorneys of the city have been
asked their opinions as TO whether the or
dinance will stand the test of the courts
One man said he had consulted three diff
ferent attorneys and each told him that the
ordinance was I'm direct violation of the
Nicholson law Mayor Holtzman, however,
saws that he studied the ordinance with the
greatest care, and that there IS nothlns In
these claims.
The ordinance provides that when liquor
is sold in quantities of a quart or over up
to five gallons the license fee shall be 500
IL also provides that the liquor is not to be
drunk the premises. The Nicholson
law, Mayor Hoffman says, refers TO where
liquor is sold In small quantities 10 be
drunk on the premises.
AS TO the provision requiring a fee Of
$50 In cases where the liquor is sold in
less quantities than quart and Is drunk
on the premises Mayor Holtzman says
that, although at first 1t would seem that
this was in violation OF the Nicholson
is because
ing the city's claim, and the Nicholson
law requires the dealers to secure further
rights, which would restrict them from
handling anything but liquors.
However 1t seems the outcome OF the
opposition remains a matter or lndiVlduai
acton; as neither tne 5ocal
intends TO take any steps against the ordi-
nance L. N Helms, secretary of the local
association of druggists, said yesterday
that the question will not even be given
consideration by the organization and that
druggists will be left 10 act individually.
Charles Taylor, Of the Grocers' Assocla-
ton, said that the association will not
take hand in the question and that it feels
il is only just TO license every man who
sells liquor. He said, however. that ne
be bad, as ii will increase the local traffic
of liquor especially in residence districts
of the city.
Many of the grocers do not find any OBJ
jectionS to the ordinance and say they In
tend to take out the license, which costs
500 and allows them to sell liquors in guam
titles ranging from quart to five gallons
Few, IL any, grocers or druggists, IL is be-
lieved. will take out the $3.50 license. This
falls upon the saloons, where liquor is sold
by the drink and consumed at the bar.
Yesterday was the day the new ordinance
went into effect, but as it was legal holi-
day the measure will not be actually in
force until to-day. So far three dealers
have made application for the 800 license
The first TO call upon the city controller was
]. d. Pearson, who conducts a pharmacy
at Alabama and East Washington streets
The other applicants were Harold Smith
wholesale dealer on South Delaware
street, and Elizabeth NJ. Berry, who con
ducts a grocery store at % East Nortf
street. Many of the druggists have signi
fed their intention of making application
for the license to-day.