Jasper County Democrat, Volume 10, Number 13, Rensselaer, Jasper County, 29 June 1907 — NOT NUISANCES PERSE [ARTICLE]

NOT NUISANCES PERSE

Supreme Court Sits Down on the New Style Ruling as to Booze Shops. LOWER TRIBUNAL 18 REVERBED Law la What Make* Or Unmakes a Nuisance—Bridegroom Outwits His Strenuoua \Friende. Indianapolis, June 26.—The supreme court has reversed the "Sopber case,” in which Judge Ira Christian, of Noblcsviile, held that all the liquor license laws of Indiana were unconstitutional and that a saloon was a nuisance per se. After reciting the charge that Sopher kept a place for the sale of Intoxicating liquors at retail Without stating that it was disorderly or otherwise Improperly conducted, and that the court excluded all evidence tending to show that Sopber’s saloon was operated under a county license, Judge Jordan said, in part, In deciding the case: - No Charge of Unlawful Act. "In fact, this prosecution may be said to proceed on the theory that the sale alone of intoxicating liquors at retail in a room or place kept lor that purpose, such liquors to be drank as a beverage on the premises where sold, constitutes a public nuisance per se under and withilFthe contemplation of section 534 of an act of the legislature concerning public offenses, approved March 19, 1905. • • * It will be observed that there is no charge or allegation In the affidavit in this case to show that the sale of the liquors In question by appellant was unlawful or that the room or place wherein they were sold and drunk was disorderly or that such place or room was In any manner conducted and maintained In violation of law. Must Be Unlawful To Be a Nuisance. “If it is true, as argued by coun-' sel for the state, that the acts charge! in the affidavit constitute a fiublic nuisance per se, then it must be becaus4 such aetsnreunlnwful. * * * Consequently that which is lawful cannot be regarded in a legal sense as a public nuisance. Therefore, if the legislature of the state, by a statute which it is competent for that body to pass, authorizes an act or acts to he done, which, In tiie absence of such a statute, would otherwise constitute a public nuisance, such act or acts are thereby made lawful and cannot be considered or regarded in a legal sense as a nuisance so far as the public is concerned.” HE CARKIED HER TO THE CAR Bridegroom Waylaid by His Friends at the Last Moment Proves a Man of Resources. Martinsville, Ind., June 26. Miss Katherine Pottorff, daughter of Mrs. Mary Pottorff, and .Tames Kelly, son of Mr. and Mrs. L. S. Kelly, were married at the M. E. parsonage by Rev. R. H. Moore. They are prominent among the young society people of this city. It was their aim to be quietly married and slip off before any of their friends found It out After they were married they entered a cab and in a roundabout way reached the Martinsville sanatorium, from where they started to board the 9:41 train when It palled in. But their friends discovered them and as soon as they made their appearance they were greeted with a shower of rice and the usual accompaniments. Some of the bridegroom’s friends crowded about him, and, suspecting that they would try to detain his bride, he forced his way through the crowd, carrying her to the car. They have gone oil a wedding trip to French Lick Springs.

Storm Is Fatal and Damaging. Jasper, Ind.. June 26.—A hard electric storm passed over this section of the state, doing considerable damage. The storm was especially severe in Pike and Orange counties. Lightning struck the home of James Howard, near here, and Howard, his wife and six children were rendered unconscious, and two of the children are in a serious condition. Lightning frightened the team of Seth W. Cummins, a wellknown farmer, and Cummins was Wiled. Message of an Unloving Wife. Jasper, Ind., June 26. When James Morgan, of .this city, returned tp bis borne for supper, after finishing a day’s work, he found on the kitchen table a note, reading: “Dear Jim Good-bye. Don’t cry after me, for I am gone. Give me a divorce as soon as possible. Your supper is In the kitchen cabinet, and there’s 5 cents In the drawer. I don’t love youj, anyway.” This note was signed by his wife. Dag Up an Old Resident. Alexandria, Ind., June 26. Gravel pit workers at the Ancll Winslow farm, ten miles north of this city, uncovered the remains of a mastodon, one tooth weighed fourteen pounds. The parts were badly decayed, and not enough has been uncovered as yet from which to reconstruct a skeleton. Walker's Trial Postponed. Evansville, Ind., June 26.—The second trial of John P. Walker, former treasurer ofVanderburg county. Indicted for misappropriating $66,000 of county funds, set for Monday, has been continued because Walker is 111.