Jasper County Democrat, Volume 21, Number 27, Rensselaer, Jasper County, 3 July 1918 — INDIANA "DRY" LAW STANDS [ARTICLE]

INDIANA "DRY" LAW STANDS

Supreme Court Holds that La* Is CoitstirarioozL The Indiana supreme court. Friday held constitutional the statewide prohibition law enacted by the 1917 legislature, reversing she decision of Judge Hostetter of the Vanderburg superior court, m the case brought by the F. W. Cook Brewing company against the Evansville chief of police. The stale has been “dry” under this law sfn.ee April 2, 1918, and under tais decision will remain so. The court stood ffwoit . for the constitutionality of the law and one against. Judge John W. Sjf*wr dissented and wrote a dissenting opinion- The prevailing opinion was written by Judge Howard L. Townsend. It was concurred, in by Judges Moses B. Dairy and Lawson Harvey. Judge David Myers concurred ia the conclusion but not in all the reasoning of the opinion. In his dissenting opinion. Judge Spencer held that the deessioa off the supreme court in the Beebe case in 1855, wherein it was derided that the legislature is without power under our constitution to enact a prohibitory law, established a rale of property in this state under which the brewing company had acquired its rights and that tender the rule of the stare derisis the brewing company should be protected. The supreme court also decided the case appealed from Lake emty, entitled Valentine Pisa-ski vs. Clyde Hunter, prosecuting attorney. The Lake superior court held the “dry” law to be cosEtituittonal and the supreme court affirms the decision of the lower conn. No opinion was wnitta in the Lake county case, it being disposed of by the principles laid down in the opinion in the case brought by the F. W. Cook Brewing company against Edgar Schmitt, chief off police of Evansville.