The Richmond palladium and sun-telegram. [volume] (Richmond, Ind.) 1907-1939, 1909-01-31
Licenses Applied for Tomor-
row May Not Be Needed, If
County Votes Dry Under Lo-
cal Option Law.
CONSTRUCTION OF LAW
FOR CONSIDERATION
Option Election Intervenes Be-
tween Day of Application
And Time of Expiration of
Present License.

VIII liquor licenses that will be
granted tomorrow by the county COM
lnissioners when they meet tomorrow
be valid in case Wayne county votes
dry next Friday, Or not? This ques-
tion of vital interest will have to be
determined one way or the other. 1t
Is probable the matter will be brought
10 the attention OF the commissioners
tomorrow.
1t is an established custom Of the
board Of commissioners in this county,
that liquor license applications are to
receive consideration the first meeting
Of each term, which is held the first
Monday. This rule has made it neces-
eary for the applications to be on file
IN time to be considered then. 1t does
not happen always that the licenses
expire the first Monday in the month
in which the applications are acted
Upon however 1t is this fact that
may lead to the enlargement that
will require legal opinion to deter
mine.
Under the rule of the commission
srs' court, license which may expire
on the tenth. fifteenth or any other
day In the month subsequent to the
first Monday, must be renewed on
that day. But il, as may be the case
in this county, a local option election
be held between the first Monday and
the date of the expiration of the Ii
cense, and the county vote dry, will
the license be good or not?
What the Law Says.
The local option law says:
If majority Of the legal votes cast
ct said election shall be In FAVOR of
prohibiting the sale of Intoxicating
liquor as a beverage in such county,
1t shall thereafter be unlawful for said
commissioners or any court to grant
q license to any person for the sale of
Intoxicating liquors in said county,
and the board of commissioners there
after shall have no power or jurisdic-
ton to hear or consider applications
tor license to sell Intoxicating liquors
nor to grant such license to any per-
son in such county, until at subse-
Quent election held under this act a
majority of the legal voters of said
county voting at such subsequent cleo
ton shall vote against prohibiting the
sale Of intoxicating liquors as a bev-
erage."
Application Is Peculiar.
The law may be found to have Pc
culiar application in Wayne county. II
the commissioners grant the licenses
tomorrow, the county vote dry Fri
day and the licenses now held not ex-
Oire until date subsequent to elec-
ton, 1t may be held that the i:censes
Secured tomorrow will be invalid. II
some of the licenses now held do not
expire until after the fifth of the
month and on that date the county is
declared dry, there is question
whether the saloons could continue
under the license granted tomorrow,
or it be held worthless and the saloons
have to close at the expiration of the
present license.
The questions involved are some
what confused, and will furnish room
Tor argument for both Sides The
opinion is held by some that a license
grained tomorrow cannot become eff
fective until the expiration now held.
The law stipulates that no license can
be granted subsequet to an election
being held and the sale OF lntoxicants
ordered prohibited. 1t is held, further,
that until the date of It's expiration,
the saloons will be operating under
the old license and the one to be is
sued tomorrow cannot become effec-
tive until the other expires. That be-
ing the case, it may be argued, no new
license can be granted legally as it
would take effect subsequet to the
election, which is prohibited.
Legal Opinion Given.
An attorney. who was asked in re-
gard to the subject last night stated
he believes, If such contingency
arose, any license issued tomorrow
would not be effective and the opera
ton OF the saloon would have to cease
at the expiration of the present license
In view of the publicity given the
problem. it may be that the commits
sioners will hold UP the applications
received tomorrow pending the result
Of the election