Rensselaer Semi-Weekly Republican, Volume 40, Number 68, Rensselaer, Jasper County, 28 April 1908 — Liquor Decision by Bingham. [ARTICLE]

Liquor Decision by Bingham.

construction of the Beardsley law of 1907 Just given by James Bingham, attorney general, will, If sustained by all the high courts and enforced, put an end to the sale of liquor in any quantity by unlicensed persons except wholesalers, who may sell in quantities of five gallons or more at a time under certain restrictions, and except druggists and pharmacists who are licensed by the state board of pharmacy. —" The new point raised is that relating to the sale of intoxicating liquors by wholesale dealers. It has been the general impression that wholesale dealers might under the law sell in quantities of five gallons or more to any consumer. This would have been permissible under what was known as the blind tiger law, which was enacted early during the session of 1907. The attorney general holds however, that, according to the Beardsley law, which was passe later in the session, wholesale deal* ers who are unlicensed may not sell liquor in quantities of less than five gallons, and that even In quantities of five gallons or more they may sell only to licensed retail dealers other wholesale dealers and to regularly licensed druggists and pharmacists. The view was expressed in a private opinion prepared by A. G. Gavins, assistant attorney general, for William J. Reed, prosecuting attorney at Knox, Ind. -Asit is not possible under the Nicholson law for a corporation to obtain a liquor license, the construction of, the Beardsley law would put an end to the sale of liquor by brewers and other corporations unless it is sold to other wholesale dealers, to retail dealers or druggists end pharmacists. This would end what is know as “wagon traffic” in beer. It would be necessary for those who use beer to buy It directly from a licensed dealer. Mr. Reed in seeking an opinion in regard to the sale of liquor in quantities of five gallons or more asked concerning the provisions of the “blind tiger” act. The attorney general calls attention to the fact that the “blind tiger” act does not make it unlawful for a wholesaler to sell to consumers quantities of not less than five gallons at a time for the reason that this act provided punishment for the sale arid permission to drink on the premises. The general provisions of this act made no reference whatever to the sale of liquor in quantities of more than five gallons at a time.

But the attorney general calls attention to the Beardsley law, which, being a later act, and covering the same subject, states the law on all propositions wherein them is any difference or conflict. - There is an essential points of difference between the two laws in regard to the sale of liquor in quantities of five gallons ■or more.