The Richmond palladium and sun-telegram. [volume] (Richmond, Ind.) 1907-1939, 1908-01-03
Should the Court Rule for Its
Legality or lIIegaIity. the De-
cision Will Be Appealed to
The Circuit Court.
SUPREME COURT TO DECIDE
AFTER 1T LEAVES CIRCUIT COURT
1T WILL GO TO THE LAST RUl-
ING BoOY-soTH ATTORNEYS
MAKE STRONG ARGUMENTS.

The first action ever begun in tho
state of Indiana 10 test the legality Of
the blind tiger law, took place this
morning in the local city court. Pros
ecutor Jessup, by an agreement with
John +. Robbins. attorney for the
Wayne Aerie of Eagles. whose club
room i'll this city was raided last No
vember, petitioned Judge Converse for
an order to destroy all liquors seized
bg the police. Mr.. Robbins made a
brief argument against the court issu-
ing such an order. Both attorneys
then submitted to the court authori-
ties to substantiate their respective ar
suments and the court took the matter
under adyisement IL is expected that
he will make IA ruling within a few
days. No matter what decision Judge
Converse makes, the case will be ap-
pealed to the circuit court. In turn,
the ruling of the circuit court will be
appealed TO the supreme court.
Prosecutor Jessup, this morning, in
compliance with his agreement with
Attorney Robbins to have the legality
of the blind tiger law tested. on the
affidavit for a search warrant, issued
on information by Sergeant McManus
that he had reason TO believe liquor
was being sold in the Eagles club
rooms. made a motion TO dismiss the
affidavit against Jesse Evans and
Harry Cook, two trustees of the Wayne
Aerie of Eagles, charged with selling
liquor.
In making his argument for an or
der to destroy the con6scated liquor,
Prosecutor Jessup said TO the court
that there had never been a ruling
! made by the supreme court in respect
TO the act of the last legislature, com
monty called the blind tiger law. He
said that he had no desire to prosecute
all the members of the Eagles club as
such a procedure would be nothing
more than a 'hoIdup." 1t was cited
by the prosecutor that the Wayne
Aerie was not an incorporated body.
but that the national organization of
the order was Incorporated. Liquors,
he said. had been purchased by the
aerie as an entirety and that they were
dispensed only to members of the club
The money received from the sale of
such liquors went into the club funds.
! 1t was pointed out by the prosecutor
that notwithstanding the fact that
each member of the aerie had a GER
tain right to all liquor purchased by
the aerie, but that If any member pur-
chased from the aerie a certain
amount of this liquor, he became the
personal possessor and owner of it.
This was a violation Of the law. Mr..
Jessup insisted. He said that under
the laws OF the state liquor could be
sold no place unless license was first
obtained and he said that it would be
impossible for the Eagles to obtain a
license under the laws of the state for
the reason that their club room bar
was located on the third floor of the
old Vaughan block. The law, he said.
especially provided that all places
where liquor was sold must be located
on the ground floor of a building fac
ing the street.
Attorney Robbins in his argument
held that there was no infringement
Of the liquor laws in the Eagles case.
This case he said involved three cardi-
nal questions to-wit: The authority OF
the legislature to pass such an act as
the blind tiger law; the jurisdiction of
the city court to pass upon the case,
and the power OF the court TO issue an
order for the destruction of the liquor
seized at the Eagles club.
Mr. Robbins contended that men,
bers of the Eagles club had the author
ity to purchase from the club liquors
Of which they were joint owners.
IF buy some whiskey and take a
drink. do have To take money out of
my right hand trousers pocket, pay
myself and then put the money back
in the left hand pocket of my trous-
ers? That is the Eagles case in a
nutshell" stated Mr. Robbins. He
then offered the court his authorities
and the court adjourned to take the
case under advisement.