The Plymouth tribune. (Plymouth, Ind.) 1901-1911, 1909-02-18
HOW SENATE
WILL AMEND
is SETTLED THAT ROAD
HOUSES MUST GO FROM
TOMLINSON BILL
Will Increase License Fee to $1,000
One Saloon to 1000 In
habitants.

One thing has been definitely set
tied by the Republicans of the Sen
ate and that is that the Tomlins on
bill for the repeal of the county OPP
ton law will not be permitted to pass
the Senate until it has been amended
to make the following provisions:
A license fee of $1,000
Limiting number OF saloons 10 one
for each 1000 inhabitants.
To eliminate roadhouses.
An amendment to the Tomlinson
bill, which was tackled on in the
House BY an Evansville Republican
member, and was in line with the
desires OF Steve Fleming, OF Fort
Wayne, was designed TO permit sa-
looms in the territory surrounding
cities which is within police jurisdic-
ton; in other words in territory with
in four miles OF the corporate limits
of cities. The bill, as originally
drawn provided for saloons only in
cities and incorporated towns The
amendment was intended 10 permit
roadhouses, which are admitted TO be
about the worst kind of saloons
This amendment VII be removed
by the Senate before the bill is per
mitted to pass. Tie brewers have not
sufficient strength in the Senate TO
send the bill through with this
amendment still attached and the few
Republicans who are expected to vote
for the bill and make Its passage pos
sible will not vote for the bill unless
the roadhouse amendment: is detach-
ed.
Concession or Failure Necessary.
At least, it is said. all OF tae Repub-
licans who would vote for the bill.
with the exception OF Durre. will not
stand for the amendment and the vote
OF Durre with the twenty-one Demo
Gratis counted on TO vote for the bill
will not be sufficient TO pass II.
The plan OF the Republicans now is
to amend the bill so as TO make the
provisions mentioned above Ii VIII
then be passed according to program
because in this form it will receive
the support OF enough Republicans
to put it through.
In It's amended form the bill will go
to conference committee. the mem
bers of which win be appointed by
the Speaker OF the House and the
presiding officer OF the Senate or by
the Senate itself Whatever changes
are made by the conference commit
tee must be ratified by both houses
The bill will never get TO the Cover
nor unless the House agrees TO the
changes made by the Senate
Brewery Amendments Questioned
There is considerable doub; as 10
just what court would make out oil
the brewery amendments 10 the Tom
linson bill tackled on by the two Re-
publican Representatives from Evans
vile.
These amendments were directed
against the provision of the bill that
would have prohibited absolutely al
saloons outside cities or incorporate
towns. First an amendment by Hewic
was adopted excepting territory sub
jet to the police jurisdiction of such
city," and then one by Schroeder wa.
added providing that licenses may be
granted in territory outside cities and
towns when a majority OF the voters
petition to thar effect.
The first impression of many was
that these two amendments taken to-
gether would permit saloons outside
city and within its police jurisdic-
ton only on petition Later it was
explained that they were much more
liberal-that no restriction was pro
vided against granting licenses out
side cities within police jurisdiction
and that licenses could be granted in
any country territory on petition Of
majority of the voters "of such ter
ritory." lit is not clear what terri
tory" is meant-township, mile
square or city lot.
Thinks They Tncked Themselves
A lawyer who has studied the
amended section of the bill is inclined
to think that the amenders tricked
themselves, and that the courts would
be likely TO interpret both the amend
ments as applying only to territory
within police limits of cities. Ir
brackets he puts in the words the
courts would be likely to supply.
Under the established rules for
the Interpretation of statutes" said
he, 'ithe courts undoubtedly construt
the first section to read and mean
THAT hereafter no license for the
sale of spirituous, vinous, malt or
other Intoxicating liquors shall be
granted . to sell such liquors al
any place located outside OF the cor
porate limits of city or inc orporatcd
town except within the territory sub
ect to the police jurisdiction Of suci
city over the sale of Intoxicating liqu-
| ors.
granted in the manner now provided
by law for the sale of int xicating
liquors in any (such) territor; of a
township outside of the corporate
limits of cities and towns, or of any