The Plymouth tribune. (Plymouth, Ind.) 1901-1911, 1909-07-01

from the date it is issued and cannot
be granted for greater or less time
than one year as provided by R. S.
1908 section 1898. If it is to he held
that the order of the Board of Com
missioners is the grant of the license
then the Auditor should date the IL
cense as of the day the order was
made (Which the Supreme Cour,
holds can not be done, if the order
IS made ON a day prior to the day
the license is issued) Otherwise if
the order of the Board granting the
license precedes the issuing of the
license say two months it would be
granted for less than ear. viz: ten
months, as the Auditor can not grant
the license and neither can the Board
for a greater or less time than one
year and the Auditor can not date it
back as of the date of the order by
the Board If the license was held
TO be granted when the order is made
and the bond approved and the Au-
d?tor as required would issue the IL
cense for one year from the date
and the order granting the license pre-
coded the issuance of the license say
two months that would result in the
license being granted for IA month";
which the statute forbids. The cases
above cited have recently been affirm
ed holding that the license is only
operative from the date when issued
overriding the 93nd Indiana 396
"a held the contrary doctrine
N. E. 6.
1t IS held by the Supreme Court
that a license or permit ISSUED in pur-
suance OF "a mere police regulation
has none of the elements OF a con-
tract" and may be changed or revok-
ed at any time. That license has
nerther the qualities Of contract nor
OF property but merely forms a part
OF the internal revenues, of the state
That license is a restrictive special
tax imposed for the nulblic good and
may be amulled by the supreme
legislative power of the state when
ever the public welfare demands it.
119 Ind. Sup. CT 494 12O-4S3 When
number OF statutes no matter when
passed relate to the same thing or d
general subject matter they are to be
construed together and ase in pari
materia. State VS. Gerhart 145 Ind.
439. 1t is also a rule of law THAT
IN enacting statutes the legislature
Will be presumed toy have acted with
reference to the construction given
TO former statutes couched in sub
stant1ally the same language and tina.
they used the words in that sense.
40 Ind. 1888.
SO in constituting the Local OPP
tom statute we must constTue it in
connection with all othe- statutes in
force on the subject of licensing the
sale of Intoxicating liquors and the
construction given by the courts to
the words used in such statutes.
believe the Supreme Court has con-
IN connection with LIQUOR Ii
CENSES to- mean the issuance OF the
license iby the Auditor acting as the
clerk of The Board after all the pre-
Eminary steps have been taken by
the applicant and the fee paid. That
the license was granted when the
permit was issued and that the words
granted and Issued were used inter
changeably in the statute meaning
practically the same That the per-
NIT or license was granted when the
license was issued. which | think i:
strengthened by the language OF Sec
ton CT the acts of 1908. at shall
thereafter be unlawful for said com
mrssioners to grant license TO anv
erson.' A license is defined as. "a
WRITTEN OR PRINTED GER
TIFICtATE OF legal permit or H.
cense TO do ANYTHING that would be
otherwise unlawful or forbidden
Standard dictionary If the Board Of
Comm ssioners gnant the license
which rs the written or printed GER
tificate issued by the Auditor, the
Auditor when he issues the license i:
acting as the agent or clerk OF the
Board when IT is issued and the issu-
ance OF the written or printed certifi-
cate IS the final act in granting the
license. Ropalge and Lawrence Law
Dictionary defines issuing a writ tc
be synonymous with granting the
| writ when used III a statute citing il
Mend n Y. 40 The Supreme Court
Of Ma massachusetts, in Commonwealth
vs. WEIGH IL N. E. 423 holds that L.
cense to keep and sell Intoxicating
liquors is an authority or permission
and IT'S essential features is the grant.
ing OF UGH authority by the proper
power" THE authority granted by
the incense arises upon issuing the
wrrtten license and not upon the vote
granting it or the completion OF the
instrument by the signatures OF the
mayor and city clerk" Under a stat
ute providing that licenses for tine
sale OF Intoxicating liquors may be
granted by the mayor and alderman
OF the cityF Also holding in Conn;
mcnwealth VS. Conley % N. E. 9Os
a LICENSE GRANTED under
Pub. State. 100 Sec 5 is THE PA
PER ISSUED TO THE. UICEN-
SEE and not the vote under which
the paper is issued, see 20 Atlantic
Reporter $50 "as to the proviso ir
the statute that" NO license issued
prior to- the passage of the act shall
be, terminated by virtue of the act OF
any vote hereunder simply makes
clear that it was the intention of the
where all the preliminary steps had
llcclh tdktH anu lllc nCc1lSc RHdnteQ
That is the written permit issner
which is the time when the license
(;he written or printed permit) (.
Granted. prior to the passage of the
Local Option" law AS is said BY
the Supreme Court of Indiana up t.
the time the fee is paid and the Ii
cense issued the applicant might
change his mind and fail to take out
the license With this view OF the
law | feel that the petitioner does
not hold license granted prior to
the taking effect OF The Local OPP.
tion" law, but that the license he
holds was granted after said law was
passed and falls within the provision
OF the law that all licenses, for the
sale OF Intoxicating liquors granted
in sad county after the passage CT
ihe act shall be void and that the
ho,deT OF such void license Shall SUR
sender the same Within 90 days from
the holding of such election and have
refunded to him an amount proper
tionate with the tmexpired slime for
which the license fee, Shall have been