Rensselaer Semi-Weekly Republican, Volume 22, Number 28, Rensselaer, Jasper County, 25 December 1900 — Remonstrating By Power of Attorney. [ARTICLE]

Remonstrating By Power of Attorney.

The Supreme Court Friday reversed the case of Charles Cochell vs Lewis C. Reynolds and others. This is the case from Monon in -which the right to give a general power of attorney for signing remonstrances under the Nicholson law was questioned. The effect of the decision is to hold that where such a power —undertakes to leave it to the attorney to decide which applicants for saloon license shall be remonstrated against, it is invalid. The Court intimates very strongly that if the jjower contained an express direction to the attoney to sign names to remonstrances against one or all applicants, the attorney’s act in signing it would be as affective as if the party giving the power of attorney had signed it himself. But the authority to decide in what cases remonstrances shall be filed can not be delegated. Thus as we understand the decision, if the voters of Barkley township, who are having a succession of applicants at Gifford, will prepare sign a power of attorney authorising and directing some one person to sign their names to a remonstrance against every applicant for a saloon license in the township, for some specified period time, then the acts of this authorized person in so signing their names will be legal and effective. If the attorney or agent is to use his discretion, to sign or not sign, ,then the act would not be legal.