The Cambria freeman. [volume] (Ebensburg, Pa.) 1867-1938, 1872-12-27
9He Local Option Lac.

THc Local Option Lac.
The next question which the people of
the different counties In this State will be
called upon to settle through the ballot
box, is the Local Option law passed at the
last session of the Legislature. Although
the act designates the third Friday Of
March next as the day for holding the cleo
tioD, it will be seen -froTa the second pro
ofso Of the first section that when tho
Spring elections in any county, by special
legislative enactment do not occur on the
third Friday in March, then the election
on the Local Option law shall be held on
the day fixed for the municipal elections in
such county. In this county, therefore,
the election will be held on tho third Fri
day Of February. AS we stated in our
paper few weeks ago, the constitutional
power Of a Legislature to enact such law
has very recently been differently construed
by the Supreme Court of New Jersey and
Massachusetts. We believe a case involv-
ing the same question has been pending
before the Supreme Court of this State,
but has not yet been argued and disposed
of. That the eonstitutionality of the law
of which we are now speaking will event
ually have to be decided by that tribunal,
there can be no doubt. In order that our
readers may fully understand the proyi-
sions of the law, we publish it below:
AN ACT to permit the voters OF this common
wealt to vote every three years on the Ques-
ton OF granting licenses to sell Intoxicating
| SRCTIoN 1. Be it enacted by the Senate
/ and House OF Representatives Of the Com
| monwealth of Pennsylvania in general As
! sembly met. and it is hsrehy enacted by the
! authority of the same. That on the third
Friday in March, one thousand eight hum
dred and seventy-three, in every city and
county in this commonwealth, and at the an
nual municipal elections every third year
thereafter in every such city and county, it
shall be the duty of the inspectors and Judg-
es of elections in the cities and counties to
receive tickets, either written or printed,
from the legal voters of said cities and coun-
ties labelled on the outside, license" and
on the inside, ''for license" or "ag.inst Ii
censs," and to deposit said tickets in a box
provided for that purpose by said inspectors
and judges, as is required by law in the
case of other tickets received ut said election,
and that the tickets SO received shall be
counted, and a return of the same made to
the clerk of the coHrt OF quarter sessions OF
the peace OF the proper county duly certl-
fed as is required bv Law which certificate
shall be laid before the judges Of the said
court at the first meeting of said court after
said election shall be held, and shall be fled
with the other records of said court and it
shall be the duty OF the mayors of cities, and
sheriffs of counties, OF of any other officer,
whose duty 1t may be to perform such SER
vice, TO give due public notice of such special
election above provided for, three weeks pre-
vious TO the time of holding the same, and
also three weeks before such election every
third year thereafter: Prorided, That this
act shall not be construed to repeal or affect
any special law prohibiting the sale OF in
toxiCating liquors, or prohibiting the grant
ing of licenses: Pros ided, That when the
municipal and township elections in any
county, or city do not occur on the third Fri
day III March, the election provided for in
this section shall be held on the day fixed for
the municipal elections in said county: dnd
prorided further, That all licenses granted
after the first day Of January, one thousand
eigh hundred and seVenty-three, shall cease,
determine and become void on the hrst day
of April, one thousand eight hundred and
sc seventy-three, IL the district for which they
shall be granted determines against the
granting OF liCense; and the treasurer of the
proper county shall then refund TO the hold
er of such liCeuse the moneys paid there
for for which the said treasurers shall be
entitled to credit IN their accounts with the
commonwealth.
SECTION .. That in receiving and ccnnt-
ing, and in making returns of :he votes cast,
J
election shall be governed by the laws of this
regulating general elections;
aud all the penalties of said election laws
are hereby extended to, and sball apply to
the voters, inspectors, Judges and clerks,
voting at and in attendance upcn the cleo
tiors hzld under the provisions of this act.
SECTION 3. Whenever, by the returns of
elections in any city or county aforesaid. it
shall appear that there is ma jority against
license, it shall not he lawful for any court
or hoard of license commissioners TO issue
any license for the sale of spirituous, vinous
malt or other Intoxicating liquors, or any ad-
mixture thereof, in said city or county, at
any time thereafter, until at An election as
above provided ajOrity shall vote in favor
OF license PrOr5ded, That nothing contain
ed In the provisions of this act shall prevent
the issuing of licemses to druggists for the
sale of liquors for medicinal and nanufactur-
ing purposes: Prorided, The citizens of the
borough of Lebanon shall vote upon the
question OH the third Friday of March, one
eight hundred and seventy-three,
on the same day and time when the town
ships of the county of Lebanon hold their
spring elections.
APPRovED-The twenty-seventh day of
March, Ammo Domini one thousand eight
hundred and seventy two.
Inuz