Jasper County Democrat, Volume 12, Number 25, Rensselaer, Jasper County, 30 June 1909 — OPTION LAW UNCONSTITUTIONAL [ARTICLE]

OPTION LAW UNCONSTITUTIONAL

Says Judge Dodge of the Elkhart Circuit Court. Goshen, Ind., June 26.—Judge James S. Dodge, of the Elkhart circuit court, yesterday held the county option law of Indiana unconstitutional. William Fledke was arrested for selling liquor without a license. He kept open after June 23, three months after the local option election by which Elkhart county was voted “dry.” State Senator Robert E. Proctor, head of the liquor forces in the last legislature, assisted by Lou W. Vail, appeared for the defendant. Mr. Vail argued that as the law was proclaimed November 20 it did not affect Fiedke, who obtained his license November 9. Robert Proctor contended that the county option law was unconstitutional in that the title of the law does not embrace the subject of the act; that the law is not uniform in application and operation throughout the state, and that- the duty of the legislature is illegally thrust on the people.