Ludwig v. Cory. granting of license by the county commissioners to John M. Ludwig, to sell intoxicating, spirituous, vinous, or malt liquors in less quantities than five gallons at a time, with the privilege of allowing the same to be drunk on the premises, in said township, described in his application, in the town of Oaklandon, in the county of Marion, State of Indiana." The first contained the names of 196 legal voters of said Lawrence township, and the second contained the names of 137 of the legal voters of said township. The names to both remonstrances constituted a total of 333, which, as hereinafter shown, were a majority of all the legal voters of said township. The names of the remonstrators to the remonstrance number 1 were all signed thereto by Perry C. Apple, pursuant to the authority or power invested in him by a written instrument or document denominated a "Power of Attorney" duly signed, executed, and acknowledged by all of the remonstrators whose names said Apple thereafter subscribed to said remonstrance. This instrument, by which Apple was constituted as the attorney or agent of the remonstrators whose names were subscribed to remonstrance number 1, omitting the signatures and certificate of acknowledgment, is as follows: "Know all men by these presents, that we, the undersigned legal voters of Lawrence township, Marion county, Indiana, have constituted and appointed, and do hereby constitute and appoint, Perry C. Apple, of Lawrence township, Indiana, our true and lawful attorney for us, and in our names, place, and stead, to sign any and all necessary papers and remonstrances against the granting by the board of commissioners of Marion county, Indiana, to any applicant therefor, a license to sell spirituous, vinous, malt, or other intoxicating liquors under the laws of the State of Indiana, with the privilege of allowing the same to be drunk on the premises, at any and all places or locations within said Lawrence township. Witness our hands this 10th day of February, 1900." Ludwig v. Cory. The names of the voters subscribed to remonstrance number 2 were all signed thereto by M. M. Hindman, pursuant to the authority and power invested in him by the remonstrators under the provisions of three instruments or documents duly executed and acknowledged by the voters, whose names he thereafter subscribed to said remonstrance number 2. Each of these instruments or documents, omitting the signatures and certificate of acknowledgment, is as follows: "Know all men by these presents, that we, the undersigned legal voters of Lawrence township, Marion county, Indiana, have constituted and appointed, and do hereby constitute, M. M. Hindman, of Lawrence township, Marion county, Indiana, our true and lawful attorney for us, and in our names, place, and stead to sign any and all necessary papers and remonstrances against the granting by the board of county commissioners of Marion county, Indiana, to any applicant therefor, a license to sell spirituous, vinous, malt, or other intoxicating liquors under the laws of the State of Indiana, with the privilege of allowing the same to be drunk on the premises, at any and all places or locations within said Lawrence township. Witness our hands this 15th day of March, 1900." Appellant, in his verified motion filed in the circuit court to reject or strike out the remonstrances in question, alleged that Apple and Hindman had no authority to sign the names of the remonstrators to the remonstrances filed in the office of the auditor of Marion county, and that these documents were not signed and filed pursuant to any authority. Before appellant filed his motion to strike out and reject the remonstrances, it was agreed by the parties in open court "that M. M. Hindman signed the names of all the parties. to said remonstrance purporting to be signed by John Smith and others (being remonstrance number 2), and that before said Hindman so signed said names each of the three pow ers of attorney had been executed; that the persons whose names were signed to said remonstrance by said Hindman Ludwig v. Cory. are the same persons whose names are signed to said powers of attorney executed to said Hindman." It was further agreed "that all the names of the signers to said remonstrance purporting to be signed by Thad. A. Cory and others (being remonstrance number 1) were signed thereto by Perry C. Apple, and that said persons who appeared to such remonstrance had executed the said power of attorney herein above mentioned as being executed to him prior to the time he so signed said remonstrance; that each of said powers of attorney were unrevoked at the time said Hindman and Apple, respectively, signed said names to said remonstrances; that neither Hindman nor Apple had any authority whatever to sign said names or file said remonstrances in the auditor's office, except the authority conferred by said powers of attorney; that the persons whose names were signed to said remonstrances were all legal voters of Lawrence township; that the total number of votes cast in said township at the general election of 1898 for Secretary of State was 605; and that the total number of legal voters whose names appeared to said remonstrances is more than 330." Thereupon the motion of appellant to strike out and reject said remonstrances was submitted to the court upon the verified motion under the above agreement, and the court overruled the same, to which ruling appellant excepted. On the trial of said cause appellant read in evidence his application for a license, proof of publication of his notice, and also the notice, and introduced certain witnesses who testified that he was of the age of thirtyeight years, a legal voter of Lawrence township, in Marion county, and had been such legal voter since the 1st day of January, 1900; that he was a man of good moral character, not in the habit of becoming intoxicated, and fit to be entrusted with a license for the sale of intoxicating liquors; and thereupon the same facts, as previously stated, and agreed to by the parties in open court, were introduced and read in evidence. Thereupon appellees offered to read in Ludwig v. Cory. evidence the said powers of attorney previously mentioned, to which appellant objected for the following reasons: (1) That they were not sufficient to confer any authority upon the said M. M. Hindman to sign the names of the parties executing the same, or any of them, to the remonstrance against appellant upon his application to sell intoxicating liquors; (2) that the power to remonstrate against the granting of a license to sell intoxicating liquors upon such remonstrance as is in question in this case is a power delegated to the citizens of the township by the legislative department of the State, and can not be by them delegated to another person by powers of attorney or otherwise; (3) that said power of attorney attempts to confer upon said M. M. Hindman authority to sign any and all remonstrances in the names of those executing said power of attorney against the granting of license to any applicant, thereby leaving it entirely within the power or discretion of said Hindman to sign such names to a remonstrance against any applicant, or not to sign the same as he might see fit. The court overruled these objections, and permitted the said powers of attorney to be read in evidence, to which ruling appellant excepted. The same objections were made to the power of attorney executed by the remonstrators to Perry C. Apple, and were likewise overruled, and the proper exception reserved, and the power of attorney in question was read in evidence. Each of the remonstrances, over the objection of appellant, were read and introduced in evidence. The overruling of the objections to the introduction in evidence of the powers of attorney, and also the remonstrances, is separately assigned as reasons for a new trial, and it is also assigned as a further reason in the motion for a new trial that the finding of the court is contrary to law, and is not sustained by sufficient evidence. The questions arising under the facts in this case, and, in truth, the only ones discussed by the parties, are: Were the legal voters of Lawrence township, appellees here (1) Ludwig v. Cory. in, entitled, under the law, duly to appoint, constitute, and direct, by a written power of attorney, Apple and Hindman, as their attorneys or agents, without giving or investing them with any discretion whatever in the matter, to remonstrate in writing, in the names of their said principals, against every person applying to the board of commissioners of said county for a license to sell intoxicating liquors in that township? (2) Said persons having accepted the agency conferred upon them as shown in this case, and having, in the names of said voters, their principals, remonstrated, as shown, against granting the license which appellant sought to obtain in this case, can such remonstrance, signed by a majority of the legal voters of that township, as disclosed, in a legal sense, be considered as the act of said voters under the provisions of the statute hereinafter set out, and, under the circumstances, were the board of commissioners, and the circuit court on appeal, justified in dismissing appellant's application by reason of such remonstrance? We are of the opinion that these questions must be answered in the affirmative. Section 9 of the statute commonly known as the "Nicholson law", in force since June 28, 1895, being $7283i Burns 1901, upon which the remonstrances in this case are based, which law, as held by this court, is supplemental to the liquor law of 1875, provides: "If, three days before any regular session of the board of commissioners of any county a remonstrance in writing, signed by a majority of the legal voters of any township or ward in any city situated in said county shall be filed with the auditor of the county against the granting of a license to any applicant for the sale of spirituous, vinous, malt or other intoxicating liquors under the law of the State of Indiana, with the privilege of allowing the same to be drunk on the premises where sold within the limits of said township or city ward, it shall be unlawful thereafter for such board of commissioners to grant such license to such applicant therefor during the period of two years from the |