The Richmond palladium. (Richmond, Ind.) 1906-1907, 1906-08-15
QUIT RETAILING
OR PAY LICENSE
The Situation Which Faces
Minck'S Brewery and Brew
cry Agencies in City.
THE LAW is INTERPRETED
PROSECUTOR JESSUP GIVES sU.
PERINTENOENT BAILEY THE
LAW, AND ARRESTS WILL FOL.
LOW IF 1T is VIOLATED.

At the request of Superintendent of
Police Bailey, Prosecutor Jessup has
interpreted the law on the sale of Hq-
uor for house hold and individual use
and according to the opinion of AttOr-
ney Jessup. Minck's Brewery and the
five brewery agencies in this city
must have a city and county license
before they can retail intoxicating
liquors in less quantity than five gal
Ions.
Now knowing the law in the mat
ter, Superintendent Bailey will in
struct MinCk's brewery and the agen-
cies here that they must obey it. or
else suffer arrest. The licenses which
are necessary cost in total $3.50
Recently the police had trouble
with the Indianapolis Brewery agen-
cy, because beer was sold to some col
Ored girl. Supt. Bailey felt that the
Agency had no right to sell the beer,
and for that reason he asked for a
construction of the law. The com
municatiOn which he received from
Attorney Jessup, follows;
Richmond, Ind, Aug. II, 1906.
Jesse A. Bailey, Esq, Superintendent
of Police, Richmond Ind.
Dear Sir:
In regard to the matter of the sale
of intoxicating liquors (beer especial
ly) by certain brewery agencies,
breweries, etc, the same not having a
license so to do, permit me to say:
That all liquor sold, where the sale
is as between the seller and the con-
sumer, provided the same sale is
made in less than five gallons at
time, can only be sold in this state
under a license regularly issued by
the Board of Commissioners of the
County, and the Town or City as the
case may be. The Legislature has
not sought to control the sale as be-
tween the producer (brewery) and the
distributor (the local saloon,) but only
as between the producer and distribu-
tor on the one hand and the cOnsum-
er on the other. This is not subject
quantity is five gallons or larger It
the particular sale.
So it is in the City of Richmond,
there are several brewery agencies
selling to the consumer, and likewise
one brewery. Each sale, if under five
gallons, is a violation of the law,
if the person has not a license so to
do; provided, the sale is made to a
consumer. 1t is not violation of
the law for the agency or brewery to
sell to the saloon keeper in such less
quantity by the evident constructions
placed by the highest courts.
The exact number of such and like
agencies in the City of Richmond. |
do not know. This, however, you are
able to ascertain through the police
force of the City.
You cannot compel any one to
take out a license. All that you
can do is to see that none is sold as
above without the license first being
obtained. This is no hardship as the
business should without doubt be
done by those parties in the City of
Richmond who pay the required IL
Cense fee amounting to some $350.00
per year.
You will further bear in mind that
no license can be taken out in other
than the name of an individual, and
that such individual cannot in so do
ing act as the agent Of another per
son. thereby comprehending corpor-
alton.
You will bear in mind that | can
not give any orders in this respect.
These must come from your own re-
spOnsibility. and that likewise the
City Attorney is the legal adviser of
the Police Board and therefore of the
police force.
find from the investigation made,
that the County and City have neith-
er granted licenses heretofore. prOba-
bly, because no applications have
been made. This however is no CX-
cuse
trust that your department will
take such steps that the continuation
of this practice may no longer exist,
Very truly yours,
WILFRED JESSUP,
Prosecuting Attorney 17th Judicial
Circuit