Evening Republican, Volume 15, Number 113, Rensselaer, Jasper County, 12 May 1911 — TOWNSHIP ENTITLED TO SALOON, HOLDS JUDGE. [ARTICLE]

TOWNSHIP ENTITLED TO SALOON, HOLDS JUDGE.

Lincoln Township, With Less Than a Thousand Population, Can Have One—FogU Gets License. Judge Hanley, presiding in the Newton circuit court, has rendered a decision that will have state wide importance, for it grants to a township with a less population than 1,000 a saloon license, after the county commissioners had placed tbe limit of one saloon to 1,000 people. The county commissioners of Newton county ruled against the applicants from Lincoln township,. three in number, and they appealed to the circuit court. The appeal of Ben Fogli, who prior to the time Newton county went “dry” conducted, a saloon at his resort on the river near the Monon railroad dridge, was.the first reached and Judge Hanley after hearing the arguments of the interested parties, took the matter under advisement until Thursday, when he decided in Fogli’s favor. The court held that the law plainly established one saloon in a township voting “wet” and having a population of more than 500. The fact that a “further” limitation of one saloon to 1,000 people can be established by the county commissioners can not affect the first saloon. The law does not say that the number can be limited to one to one thousand, but that it can be “further” limited after one hajj been established. Fogli will be the only applicant in Lincoln township to get a license, the petitions of Henry Granger and James Gillispie being Defeated by the fact that Fogli’s appeal was tbe first acted upon. The ruling will mean that a license will be granted to George R. Tilton, of Wheatfield, when the Jasper county commissioners convene in June. This will be the first saloon in Jasper county since the county was voted “dry” May Ist, 1909. This is the question at which At-torney-General Honan shied when asked for an opinion. It also settles the claim of one Frank E. Babcock, who was so certain that these townships could not have a saloon that he wanted the commissioners ‘to refuse to grant an election. This individual, who is frequently known to dispense free legal advise, will now take a back seat. This is simply another case in which the Democrat was not “always” right.