The weekly Republican. (Plymouth, Ind.) 1911-1922, 1911-04-06
IMPORTANT
DECISION ON
LIQUOR LAW
SUPREME COURT SAYS GARY
REMoNsTRANCE WAS GOOD
AND STEVE FLEMING
MUST PAY THE COSTS
". H. MATTHEW IN CASE
Plymouth Attorney Scores Great Vic
tory Oyer Best Lawyers of the
State-Affects All Re-
monstrances
W. H. MATTHEW IN CASE

On March 81 the Supreme court of
Indiana handed down an opinion with
will affect all circumstances, not only
on liquor questions but also on ditch
es, roads and all similar cases.
The decision was victory for the
Gary remonstance against saloons IN
that city, and was carried to a sue
cessful conclusion by attorney W. FL.
Matthew OF this city and Mr.. o. j.
Bruce of Crown Point. Every point
at issue was decided against Steve
Fleming and the other saloon keepers
who appealed from the decision of
the commissioners finding the remon-
STRANGE good. Mr.. Fleming will have
the costs, several thousands of dol
lars, to pay.
The important point of the decision
was that hereafter it will compel ap-
plicants for saloon license who con-
tend that signers of a remonstrance
are not legal voters. to point out
specifically in their complaint in what
particular the signers are not legal
voters. Mr.. Matthew contended that
a sworn affidavit that the signers
were not legal voters and therefore
not qualified to sign a remonstrance,
was not good, but that such an aft
davit should state wherein the voters
were not qualified In this the Sup
rene court sustained him. In their
opinion they say:
1) In an appeal on a Nicholson
remonstrance in the superior court,
change Of venue from the county
is allowable. (2) It is not error to
compel the applicant for a license to
make his pleading charging some
signers of the petition not being
local voters more specific by alleging
the qualification which is lacking
for if he does not know the lacking
qualification he does not know him
not to be voter. (3) 1t was not
error to compel the APPELLANT to make
his pleading more specific by stating
the names of the persons he alleged
obtained signers to the petition by
false and fraudulant representations
The Gary remonstrance is perhaps
the most famous ever tried in the
state and it was during this case
that Mr.. Matthew has made himself
famous as the most skilled lawyer in
the state On the liquor laws. In
this case, with Mr.. Bruce, he had to
battle against such great legal lights
as Leonard & Mannix of Fit. Wayne,
who were Steve Fleming's attorneys;
ex-Supreme court Justice John Fl.
Gillett Of Hammond, Geo. Barden,
Miller & Manlove, and Mr.. Carver of
Gary, who represented the Gary sa-
'oonkeepers.
On Sunday morning Mr.. Matthew
receievd very laconic letter from
Mr.. Leonard. It contained only a
single word: sDamn.''
The Gary case was begun in 1908.
The contention of the saloonkeepers
was that the remonstrance was secur-
ed by fraud and misrepresentation
The first round of the fight occurred
in four weeks trial before the
county commissioners of Lake county
where fourteen applicants for license
were turned down on account of the
remonstrance. An appeal was taken
to the suprior court at Hammond,
where the appeal was dismissed by
the Judge on motion of the remon-
strants
Later Steve Fleming, who had two
places in Gary, applied for license
but was turned down by the board Of
commissioners. He appealed to the
superior court and took a change
of venue from the judge. The re-
monstrants then took a change of
venue from the county and the case
was sent to Valparaiso. This right
of change of venue was objected
to by the Fleming attorneys and this
was one point decided in favor of
the remonstrants by the supreme
court.
In Valparaiso The case was tried
before Judge Tuthil. the matter oc-
cupying six weeks of time. Prior to
this trial che election returns had
been distracted from the files of
the county clerk s Office and it be-
came necessary to have the legisla-
tive reference Librarian come from
Indianapolis, trineing with him some
documents frora the basement of the