The Lake County times. [volume] (Hammond, Ind.) 1906-1933, 1911-03-16
TIMES BUREAU,
AT STATE CAPITAL.

n SLATE (AfIIAls
Indianapolis, Ind. March 1e.--Under
the provisions of the new Proctor
liquor regulation law r.. c. Minton, at
torney for the anti-saloon league. be-
lieves that 1t will be altogether pos
sible for breweres to establish beer
depots all over the state. even in dry
territory. for the distribution of their
beer. Mr.. Minton says he has found
numerous weaknesses in the new law,
but this one, he says, is apparent
that there cannot be any mistake
about 1t. The blind tiger law defined
Wholesale dealers as those who sell in
greater quantities than five gallons to
a licensed dealer. Under the Proctor
law the wholesaler is defined as one
who sells in quantities of not less than
FIVE gallons Mr.. Minton believes that
liquor may now be sold direct to the
consumer under the provisions of the
new act and that brewery depots for
this purpose may be established in
dry territory.
Mr.. Minton does not believe, how
ever. that the transfer and renewal
clause of the law will stand the test
Of tho courts IL the commissioners are
disposed to ignore 1t. Section "a. of
the law, he points out, provides that
no vested contractural or property
right is created by tho law. Mr.. Min
keeper who comes before the commits
sioners to have his license renewed
can compel the commissioners to do so
except at their pleasure. His reason
contractural and property rights are
denied element of a saloon IL
cense and that the saloonkeeper can
acquire no standing in court because
he has no vested or property rights to
enforce. In discussing the clause Mr..
Mfnton said it was inserted by Repre-
sentative Seidensticker at his request,
and that commissioners who have dry
leanings may refuse to renew saloon
licenses and that the applicants can
not enforce their demands in court
In speaking of the situation with re-.
gard TO wholesalers and the possibility
that breweries may establish beer de-
pots in dry territory, Mr.. Minton said:
There has been much said about the
failure of the authorities to enforce
the law in dry territory, and that was
urged of the reasons for the
repeal of the county option law. We
that makes 1t unlawful for q whole
saler to sell to consumer in any
quantity, but required all sales to be
to licensed Dealers This was done to
prevent the establishment OF whole
sale or beer depots in dry territory
titles of five gallons or more.
Section five of the new act re-
peals that provision and defines a
wholesale dealer as one who sells not
less than FIVE gallons at time. Under
this provision the breweries can again
establish their beer depots in dry ter
ritory. as no license is required of
them. and. under the pretense of SELL
ing five gallons at a time, can sell in
can argue that this is restrictive or
helpful to law enforcement"
The section of the law governing
the revocation of saloon licenses by
county commissioners upon third
conviction for a law violation within
two years, Mr.. Minton does not be-
lieve will effect the validity of the
present law comforting on mayors the
right to revoke saloon licenses after
it has been shown that violations of
the law have taken place. The right
of the mayor to revoke saloon licenses
was conferred in the cities and towns
act of 1905. The transfer clause would
nullify the power of the county COM
missioners to revoke licenses, Mr.. Min
ton argues. from the fact that after
two convictions and even after an ar
rest the third charge following two
convictions, the license could be trans
ferred to a second person and the op-
Grafton of the law evaded In this way
The anti-saloon league attorney does
not look with favor upon the limita-
tion of the number of saloons within q
particular territory. He believes the
result will be a monopoly of the liquor
business by two or three of the strong
est breweries of the state. Whether
saloons are limited to one for each
500 population for each 1000
population would make no difference
Mr.. Minton believes.
The formation of a realty company
to own saloon property. both real es
tate and fixtures, which would be con
trolled by the stockholders of the
breweries seeking a monopoly, is pre-
dicted Senator Wood attempted t,
have an amendment inserted in tn,
law TO prohibit the granting of a Ii
cense to any person who leases hi
property or fixtures from a brewer.
company. or from any person. firm O
corporation financially interested in
brewery. This amendment was re
sisted by the breweries, Mr.. Mintol
stated. because it would have strucl
at the foundation of the plan they ha'
in view.
The Proctor law limits the numbe
of saloons to one for every 500 popu
lation and makes it optional with tn
commissioners whether the limitation
shall be extended to one for each 100
population. The law provides that tn
population may be determined by mul
tiplying the vote cast at the last gen
eral election by FIVE. Mr.. Minton hold
this provision unfair and says tina
three an done-half should have bee
used instead of five.
The provision governing the mora
fitness of the saloonkeeper is on pa
with the provisions of the present Law
Mr.. Minton said.
An interesting question has arise
in several townships in which locs
option elections are to be held
some of these townships there are in
corporated towns The question
whether, under the law, the ex