The Richmond palladium and sun-telegram. [volume] (Richmond, Ind.) 1907-1939, 1908-11-25
Would Add Amendment to
Statute Making Jail Sem
tence Optional Rather Than
Compulsory.
ONE WORD WOULD MAKE
ALL CHANGES NECESSARY
Pointed Out That Under Pres
ent Law Convictions Are
Hard to Secure Because of
Jail Sentence Clause.

On Ine ground that the present
statute known as the blind tiger law"
is too drastic and prosecutions fail to
result in convictions, Senator Roscoe
E. Kirkman, of this city will offer an
amendment at the next session of the
legislature. Senator Kirkman will
make the bill one of the first to be in
troduced. 1t is proposed to provide
that a Jail sentence may be optional
and not necessary in the case of con-
viction. as now is required by the law
The amendment will alter the pres
ent law iu But single word. May
would be substituted where 'shali'
now appears. Then the section of the
law would read:
Section IL. That any person not
being licensed under the laws of the
state of Indiana who shall sell or bar
ter, directly or indirectly, any spirit
uous. vinous or malt liquors In less
quantity than five gallons at time.
or who shall sell or barter. directly
or indirectly, any spirituous, vinous or
malt liquors to be drunk or suffered
to be drunk in his house. outhouse.
yard garden or appertenances thereto
belonging. shall be deemed guilty OF
misdemeanor and upon conviction
thereof shall be fined in any sum not
less than fifty 500 dollars nor more
than one hundred (100) dollars for
the first offense and not less than
one hundred 100) dollars nor more
than five hundred (500) dollars, to
which the court or jury trying the
case may add Imprisonment in the
county jail of not less than thirty days
nor more than six months for the sec
ond or any subsequent offense.
Would Get General Support.
Mr.. Kirkman believes his measure
would receive favorable consideration
by the legislature. He holds the opin-
ion, also. that 1t will receive support
from both the temperance and the leg
allied liquor forces. He believes the
temperance forces will support the
measure, because IT has been demon
strated repeatedly that convictions
cannot be brought about at present
owing to the stringency of the law.
In every case that has been tried in
this county under the law, as it now
stands, there has been failure to con-
Tn he 2T
proprietor of the Westcott hotel and
DR.. Arthur Jones. who operates a gro-
cery and drug store at Whitewater.
the jury failed to reach an agreement.
The jurors expressed the opinion no
agreement could be arrived at and at
tributed the fact to the reason some
members objected to conviction, when
jail sentence Is requisite. The
jury that heard the Gay case, recently,
balked at the same proposition.
The licensed liquor dealers will
welcome a change of the law that will
enable blind tiger operators to be con-
victed. They claim they are lead to
attempt violations of the law in order
to compete with the men who run
blind tigers on Sunday. These op-
orators seem to be immune convic-
ton and the licensed saloon men and
those who conduct a legitimate bust
ness say they would support a meas
ure to break up the blind tiger" busI-
ness.
kirkman Opposed Law.
II has been pointed out that with
rapoatad failures ~ rouyict avarat<ro
of the blind tigers" If Wayne coun-
ty were voted dry. these Illicit grog
shops would spring up in every direc-
ton and soon would become a serious
menace. Attorneys recognize the diff
| ficulties opposing convictions under
| the present law. They say an ordin-
airy jury would not be adverse to send
| ing a man to jail. who is an old often
der or recognized as operating a dis
reputable dive, but TO sentence a man
to jail for his first offense and when
otherwise his business has been legi-
innate. is too big dose to swallow.
Senator Kfrkman was opposed to
| the present law originally because OF
its stringency. Through his efforts
the measure was not passed in 1905.
Pressure was brought to bear on him
| by local temperance advocates IN
1907. however, and although he advis-
ed against IL he said he was willing to
support the bill that became the pres
ent law in order to permit this faction
of his constituency to realize what
would be the result Senator Kirkman
has been supporter of temperance
legislation during his legislative ca
reer, but believes better results can
be brought about by revision Of Tho
nre9eut sta frIfa