The Richmond palladium and sun-telegram. [volume] (Richmond, Ind.) 1907-1939, 1907-05-29
MANY DECISIONS BY
| THE HIGHER COURTS
Supreme and Appellate Bodies
Of Indiana Have Cleared
Their Dockets.
OPINIONS OF INTEREST.
ONE ESPECIALLY so Is THAT
PERTAINING TO THE RIGHTS OF
TOWNS AND CITIES IN CON
TROI OF SALOONS.

Tuesday being the opening day of
the May term of the supreme and ap-
peIlate courts. the dockets in both
courts were cleared. Twenty-one de-
cfsions in all were handed down.
In affirming a judgment of the Jay
circuit court for fees for procuring
and delivering the lists of road taxes
to township trustees recovered by Pike
township against the Jay county COM
missioners. the supreme court held
that a county auditor has no legal
right to tax and collect such fee.
The court held that an appropriation
by the county council TO pay back the
money is not necessary before town
ship can recover such a fee Illegally
exacted from it,
The supreme court also decided that
the highway law of 1905 repealed the
act of 1908. which provided for the i'm
provement of free gravel roads and at
firmed the case of E. E. Foster. in
which a proceeding under the old act
for the Improvement of road in Tip
ton county had been dismissed.
The supreme court also reversed the
judgment declaring Mortimer Buchan-
on duly elected as councilman of the
city of Lebanon. Buchanan claimed
the office on the ground that his sue
cessful competitor in the opposite
party was not eligible to hold the of
flee of councilman because at the time
he was elected he was an officer of a
corporation engaged in contracting
with the city for public improvements.
The court. however. held that it is suf-
ficient if a candidate becomes eligible
in time to take his office, without re-
gard to his eligibility at the time he
was elected.
The presiding judge in the appellate
court for the term " II be Judge Daniel
Comstock of Richmond.
Holding that city ordinance, not
only forbidding saloons outside of the
business part of the city but also de-
filming the boundaries of the business
part of a city. is valid, the supreme
court reversed judgment in favor Of
John w Thompson in prosecution
nance at Greencastle. Thompson was
charged with keeping a saloon near the
Big Four station in Greencastle. A
new trial was ordered
The court also declared that the
state may authorize saloons to be Ii
censed and that the saloon business is
lawful except as declared unlawful by
the state In relation to the ordi-
nance the court held that the only
grounds upon which an ordinance as
that at Greencastle ran be attacked
unreasonable abuse of its power and
discretion in declaring the boundaries
of the business district Thompson s
81 loon was four blocks outside the bus
iEess district as defined in the Green
castle ordinance.
The opinion in the case was written
by Judge Montgomery. After quot
ing from the language of the new cit
les and towns act that cities may de-
fine such suburban or residence or
business parts of any such city and
may tax saloons and charge Ii
eense fee of any saloon within two
miles of the city limits, Judge Mont
somery holds that cities were only en-
powered under the act of 1895 to ex-
clude retail saloons from their resi-
dence and suburban portions The
court holds that the question of the To-
cation of the saloon, with reference
to the portions of the city, is a point
to be determined in each particular
case.