Jasper County Democrat, Volume 6, Number 7, Rensselaer, Jasper County, 23 May 1903 — KELLNER LOSES SALOON CASE. [ARTICLE]

KELLNER LOSES SALOON CASE.

Judo* Palmer Off the White Clroult Court Hold* Application Wo* Premature. The Conrad Kellner saloon case, appealed from commissioners court to the circuit court and taken to White county on change of venue by Kellner, was heard by Judge Palmer Tuesday, and the oourt held that the application had been made prematurely, thus scoring a victory for the antisaloon people who were contesting bis application. Kellner gave notice of appeal to the supreme court, but it is not thought any appeal will be taken, as the question in controversy, the “antis” say, seems to be so plain that there is no reason to believe that the higher court will reverse it. It will be remembered that Mr. Kellner made application for a renewal of his license to sell intoxicating liquors in Rensselaer at the April terra of commissioners court, when his old license did not expire until June 4, or two months after the time he asked for its renewal. The anti-saloon people, failing at that time in securing a majority of the voters names to their remonstrance, contested the granting of license on the grounds that the law did not permit the holding of two licenses at once, and, as the old license did not expire until June, the commissioners could not grant another license until that time. This question had never been raised here before, where the commissioners had been granting licenses whenever asked for, regardless of time the old ones expired, some having been granted four, five and six months in advance. The commissioners held the point of the “antis” well taken, and dismissed Kellner’s application. Appeal was taken to the circuit court, a change of venue then taken to White county with the above result. Mr. Kellner’s present license will -expire on June 4, and Uo license can possibly be granted him now until the July meeting of tbe commissioners,

vance.