Jasper County Democrat, Volume 6, Number 1, Rensselaer, Jasper County, 11 April 1903 — KELLNER DEFEATED. [ARTICLE]

KELLNER DEFEATED.

Wins On Ramonatranoa, But Defeated On Qrounda of Old License / Not expiring Until Juno. Not for many years have the citizens of Rensselaer taken such ah interest in the remonstrance feature of the Nicholson liquor law as was taken this week when the application of Conrad Kellner came up for action. As is well known to most of oar readers, the temperance or anti-saloon people of Rensselaer have successfully remonstrated against applicants for license in both the Second and Third wards for several years, but in the First ward they have been unsuccessful in every remonstrance gotten up. Since the remonstrating of the saloons from the two former wards, all have been located in ward one, and three of the four saloons now operating here are located in one block on South Van Rensselaer street, and have all been thought by many to be immune against any remonstrance that could be secured. Last fall the various churches of this city, through their pastors, encouraged hy the work done in other parts of the state by the anti-saloon league, held a series of temperance meetings and worked up qnite a temperance sentiment. This was followed up by circulating a blanket remons; trance on the power of attorney plan, against any and all applicants for license in ward one. These powers of attorney were signed by many citizens of said ward who had never before signed a remonstrance, for the reason that they were remonstrating against no particular applicant, but against all. Nearly the required number of remonstrators —85 —were secured at the time, bat no application for lioense came up until this week, when Mr. Kellner’s application would be acted upon. Then the pastors of the chnrches, who were acting in unison, went over their old powers of attorney and checked np the names thereon, and it was found that there had been qnite a number of changes in residence daring the winter and spring and that many of those favorable to a remonstrance, who had taken the places of those who had moved from the ward, had not been residents long enough to entitle them to remonstrate. Quiet but active work was prosecuted to file up the gaps and add new names, and finally 87 names were secured. Of this number the applicant secured three withdrawals—George Platt, John Worden and James Randle, jr. The law requires withdrawals to be filed with the county auditor four days before the beginning of the session of the commissioners at which the license application is to be acted upon, and the remonstrators mnst fill their remonstrance three days previous. After the remonstrance is filed, no withdrawals can be made. The remonstrators worked heroically last Friday—their laht day—Rev. Royce driving to McCoysbnrg through the storm to secure a signature, while another drove four miles out in the country on a like errand. The remonstrators filed at 11:30 p. m., Friday, and they had /h majority of only one on the remonstrance. Of this number some 78 names were on the blanket remonstrance, while some 7 were individual remonstrators — that is, against Mr. Kellner, only. The case came up immediately after the Parr case was disposed of Monday afternoon, and the applicant’s attorneys, Messrs. Wilson and Parkison, demurred to the remonstrance on the grounds that all were not legal voters at this time, not having lived long enough in the ward. Several names were objected to, and after hearing evidence the ipatter apparantly narrowed dawn to one Ben Smith, who moved into the ward on the 16th of last month. The attorneys for the remonstrators, Messrs. Foltz of this city, and the attorney for the anli-aaloon league from Indianapolis, held that as the applicant’s old lioense did not expire until June 4, 1903, end the applicant was applying so far in advance, that tee remonstrators most be counted as legal resident voters at tfo time the old lioense expired. This view was not fold by the commissioners, and the remonstrance was held insufficient. Then the attorneys asked to have the application rejected for the

reason that the old license. would not expire for two months yet; that.two sessions of the commissioners court convened daring the interim; and that the law did not allow the holding or granting of two licenses. After considerable argument pro and con by the attorneys, the board held that the applioant was premature in asking for a license at this time, and' the application was dismissed, Unless Mr. Kellner appeals to the circuit court he will probably reapply at the regular June term. The hearing of the case occupied a part of Monday afternoon and all of Tuesday forenoon, and final decision was not rendered until after dinner Tuesday. A feature of the hearing was the large number of ladies present among the spectators. The hearing was conducted in the circuit court room, which was well filled from stArt to finish. Kellner will appeal to the circuit court. The anti-saloon people consider this a great viotory, and think they can strengthen np the blanket remonstrance before another applicant comes np that will successfully resist all onslaughts. The present saloon licenses expire as follows: Conrad Kellner, Jane 4; Henry Hildebrand, June 7, August Rosenbaum, Jane 17; and George Strickfaden, Deo. 14. It has heretofore been the policy of the commissioners to grant licenses whenever applied for, regardless of the time the old One expired, and often they have been granted six months in advance. That such action has been altogether illegal, any man of ordinary horse sense must know, and in conversation with a member of the board after this case was dismissed he informed us that hereafter there wonld be no advance licenses granted. If the anticipations of the “anti” element are realized, Rensselaer will be a “dry town” after Dec. 14 next. Exquisite designs in Easter Bonnets at Mrs. Purcnpile’s You are cordially invited to come in.