The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1933-06-07
VOTE OUTCOME
AROUSES HOPE
FOR KEG BEER
MCNutt Is Expected to Drop
Opposition, With Repeal
In the Bag
ACTION UP TO COURT
State Supreme Tribunal Can
Hasten Relief for
Thirsty Ones.

With Indiana voting OVerWhelm-
ingly for eighteenth amendment re
peal, the state today has the posi-
bility of draught beer close at hand.
Governor Paul V. McNutt has
stated that he had no objections 20
draught beer except that he believed
its sale in the state would jeopar-
die repeal OF the prohibition
amendment
Now, with the law erased from the
books, as far as Indiana is con-
cerned, supporters of draught beer
are expected to press their demands
for the key variety. This would be
cheaper than the bottled beer neceS-
sary under the present beer control
act.
The plea that beer in any form
would return the saloon to the street
corners has faded and, with the de-
ciSive victory Of the vets, such a
protest to draught beer probably
would be showed aside as trivial
Court Can Act
11C way Is OPC11 1OI vi dllkIlU UGCI
in a decision by the state supreme
court in the case of John E. Tenkley,
East Chicago councilman. Tenkley,
several weeks ago sold 30 beer on
tap. Before the beer control act was
passed, Tenkley sold near beer on
tap and this now IS barred.
To insure his sale of the 80 on
tap, Tenkley obtained a temporary
restraining order in Crown Point to
prevent interference by authorities.
The order was issued by E. Miles
Norton, judge pr tenn Of the SUI
periOr court.
Protecting the beer act, the state
stepped into the picture and OBJ
tanned a writ Of prohibition, pre-
venting Norton from granting Tenk-
ley a permanent writ for sale of the
beer.
The supreme court now has the
case under Amusement and has the
privilege of ruling on constitution
atty of the beer act.
Could Block Sale
However, if the supreme court
should issue a permanent writ of
prohibition against Norton it would
block the sale of draught beer, tenn
porarily at least. Draught beer sale
would be permitted automatically if
the high court did not issue the per-
manent writ.
In event of the latter, it is pos
Sible that the same action might be
repeated in other counties, but. with
the high courts ruling conceding
the right to sell ,ap brew, further
contest would be futile.
If the supreme court blocks the
sale of draught beer, McNutt, with
his attitude of refusing to block the
sale, could call a special session of
the legislature to amend the present
law.
Should the judiciary fail to rule
in the matter, McNutt will not call
special session for draught beer
only he said today.
TITS not that important" the
Governor commented, and then
added: Just bide your time"
Would Help Popularity
With his power diminished but
slightly, and the overwhelming SEN
timent, enactment of draught beer
provision should be a mere for
mality.
McNutt, too, would find favor with
thousands in the state if he called
the session with the guarantee of
draught beer approval.
The complaint Aas been made and
echoed in every part of the state
that bottled beer is too expensive
for the ordinary citizen and that its
sale has deteriorated into a political
racket at high prices.