Jasper County Democrat, Volume 15, Number 10, Rensselaer, Jasper County, 8 May 1912 — Mooted Question to Be Settled By Supreme Court [ARTICLE]

Mooted Question to Be Settled By Supreme Court

The application of Fred Timm of Medaryville for a saloon license, appealed to the Pulaski circuit court from the commissioners’ court, where the license was refused because Cass tp., had less than 1,000 population, the ratio fixed in Pulaski county, was granted by Judge Vurpillgt Monday. The court takes the position—as does Judge aHnley of our own circuit—that the 1,000 limit only applies after the first license is granted, but it is understood the dry forces will make a test case of the matter and will take it to the supreme court for a final “guess.” Judge Vurpillat recently decided a like case from Wheatfield, Jasper county, in „the Starke circuit court, wherein, he held the same. It is to be hoped that a supreme court decision will coon be had on this mooted question. The Praetor law says: “That the number of retail licenses that may be granted in any city or township under this act shall not be more than one for each five hundred Inhabitants thereof, which number may be further limited by the board of county commissioners of any county to any number not less than one to each one thous-

and inhabitants of such city or township.” The intent of the law, as Senator Proctor, its author, personally informed the writer in an interview last June, was to make the limit one thousand for thei. first li n cense where this limit was made by the commissioners, and it will be interesting to learn from the higher court whether the legislature accomplished w'hat it intended or not.