Jasper County Democrat, Volume 14, Number 12, Rensselaer, Jasper County, 17 May 1911 — DECIDES IN FAVOR SMALLER UNIT. [ARTICLE]

DECIDES IN FAVOR SMALLER UNIT.

Judge Hanley, of the JasperNewton circuit/decided the mooted question of population under the Proctor liquor regulation law in an appealed case in Newton county, and granted Ben Fogli of Water Valley a license. An election was recently held in Lincoln tp., Newton county, and the township voted “wet.” There were three applicants for license, but as the township contained less than 1,000 population, the limit fixed in Newton for granting licenses, the commissioners refused a license to all the applicants.

An appeal was taken to the circuit court and Judge Hanfey ruled that a unit containing 500 population was entitled to a saloon, if it voted wet, and that the language of the statute, “further limited,” applied only to the licenses after the first one has been granted. In other words, a unit containing 500 population is entitled, under the law, to one license, and LSOO population is entitled to two; the limitation only applies after the first 500. In all the discussion we have heard on this subject we have never before heard this theory advanced, /attorneys generally agreeing that the question would hinge on the unit. The law fixes the units as Cities, incorporated towns and townships. Some attorneys have taken the view that a unit, regardless of its population, was entitled to one license and that the limitation applied after the one license had been granted, but we have never of any who took Judge Hanley’s view. , This is the first decision on this question we. have heard of, and of course, it is not likely any appeal will be taken, but it would be interesting to know what sort of a “guess” the supreme court would take in the matter. The Home Grocery sells Bonano.