The Superior times. [volume] (Superior, Wis.) 1870-1912, 1874-03-28

mediate payment of such fine, when legally i'm
posed, by imprisonment III the county jan no. eA
ceedng thirty days. unless sooner discharged oy
payment of such fine and all costs and ices up 10
the date of his discharge.
Section ID. Any keeper of any saloon, shop, or
place of any name whatsoever, III TINS state lot te
sale of strong, spirituous or malt liquors, 10 De
drank on the premises, III any quantity less IMAM
gallon, who shall vepd sell or III any way desi
or trafc in, or for the purpose OF eVadlng THIS
chapter give away any sprituous, ardent or ntoxl-
eating malt liquors. or drinks, III any quantity
whatsoever, to or with minor, having Sood reason
to believe him to be such, or to person lntoxl-
Gated, bordering state of intoNcatlon, or 10
any other prohibited person, before mentioned,
shall be deemed guilty of a mlsdemeahor, nor shau
spy person SELL or in any way deal traffic Ill, or
for the purpose of evadng this chapter, give away
any spirituous, ardent Intoxicating or malt hquofa
or drinks. i'll any quantity whatsoever, within one
mile of the Wisconsin Hospital for the Insane, ana
any person who shall sell or give away any such
liquors drinks shall be deemed guilty OF a mis-
demeanor.
Section IA. Upon any complaint made in writing
under oath, by any responsible person. resident
Of the town, village or ward i'll which any licensed
person may keep his shop grocery, saloon or pace
for the sale of any liquors or drinks under the pro-
visions Of this chapter, and upon the filing OF the
with the clerk of the town, city or village, set
ting forth therein that any such licensed person
keeps maintains a disorderly, rlotous, lnde-
cent improper house; or that he suffers,
allows permits gambling in his house with
cards, dice any devise or implements, or in any
manner whatever, that he has sold or given away
any intoxicating liquors to minors having good
ten order of their parents or guardians, or to per
sous intoxicated, bordering on state OF ntoN
cation. known to be habitua drunkards the
board Of supervisors or the board of aldermen or
the beard of trustees (as the case may be) shall
issue their summons under the hand OF their CLERK
directed to any constable of the town, city or Will
age, commanding the person so complained or, to
be and appear before such board, on certain day
to be therein named which day shall not be less
than three more than ten days from the date OF
said citation, to show why his license shall not
be immediately revoked and cancelled.
Section Is. If such person shall not appear, as
required by the summons mentioned III the fore
going section to show cause III answer to such
complaint the board issuing the same shall take
such complaint and the charges therein made to
be true and if they shall deem the allegations con-
tanned in said complaint to be sufficient they snail
immediately cause said license by them before
granted to be wholly revoked aud annllled, which
action of the board shall be entered 10y their CLERK
the books journal of the board and they shall
proper notice to be given to the person whose
license shall be revoked but II such person
shall appear he shall be allowed traverse and
| deny the matters charged i'll such complaint, and
upon such issue made, each party shall be allowed
to produce witnesses in other cases, aud to DE
heard by counsel. If up0n such hearing the board
shall find the complaint to be true, they shall i'm
medately revoke the license heretofore granted to
the accused party but if they shall find the same
not to be true after proofs adduced. they shall dis
charge the person complained of free of COSTS and
| the costs shall be paid by the person making such
complaint, if malicious and without probable cause
| for the payment of which COSTS said board may
take good and sufficient security of complainant be
|
that III no case where such license shall be revoked
and taken away from any person shall 1t he lawful
for such board to grant another license to the same
person within the time of twelve months from the
| date of such revocation; and provided further,
that no part of the money paid by such person tor
| the license revoked shall be refunded to him.
| Section 10. Any person or persons, who shall be
in jured III person, property or means of supporl by
! or in consequence of the intoXcation Of any minor
or habitual drunkard, shall have right OF action
severaly jointly in his her or their name against
any person persons who have been notlfed or re
quested in writing by the authorities designated III
section 10 of this act, the husband, wife, parents
relations guardians or persons having the care or
custody of such minor or hahtual drunkard, not to
part with liquor other intoxicating drinks to
| them and who Notwithstanding such notice and re-
| quest or shall knowingly sell or give away lntoN-
eating liquors, thereby causing the intoXlcaton OF
such minor or drunkard and shall be liable Tor all
| damages resulting therefrom. married woman
shall nave the right to bring suit and to con-
| troll the same a fefne sole and all damages re
| covered by minor under this net shall be pad
| either to such minor to his or her parents
guardians next friend, az the court shall direct
and all suits for damages may be 10y any appropriate
action in any of the courts OF TINS state, having
| competent jurisdiction.
| Section IT. Any person found IN or upon any
public street highway or other public place, III
sIe ststn of intoXiCation to disturb others, or
unable by reason Of his her condition. to care Tor
| his or her safety or tile safety of Others shall
conviction thereof, be punished by nhe not eA-
ceeding dollars and the costs Of the prosecution
or by imprisonment i'll the county jail Tor PERIOD
not exceeding five days, or by both such fine and
|
visions of this section shall not abrdge the power
of incorporated cities and villages to provide for
different mode of punishment Ill such cases, II
| deemed expedent.
| Section il All moneys derived from licenses
granted under the provisions of this chapter shall
be kept separate and distinct from other moneys by
| the town city or village treasurer, and the same
shall be applied solely for the purpose of detraylnG
| the pauper expenses of such town, city or village
unless the amount received shall exceed the sum re-
quired for such object; in which case the re
mainder shall be placed i'll the general reasury OF
the city. town village, and appropriated III the
| same manner other moneys, ana Ill counties
where the county system of supporting paupers has
! been adopted, all moneys derived from licenses
shall be paid by the reastrefs OF said towns, cities
or villages into the treasury of the county sem-an-
nually and shall be applied solely for the purpose
of defrayng the pauper expenses of said counties
Section 10. All places where Intoxicating hquofS
are sold in violation of law shall be taken, held and
| declared to be common nuisances, and all rooms
| tavert1s bazaars saloons, restaurants, groceries,
drug stores coffee houses. cellars, and other places
of public resort where Intoxicating liquors are sold
| III violation of law, shall be shut up and abated as
public nusances, upon the conviction OF the keeper
| thereof.
| Section 90 The giving away of Intoxicating
liquors, other shift or device, to evade the pro
visions of this act, shall be deemed and hed 10 DE
all unlawful selling within the provisions OF TINS
act
Section a. In all cases not above specially pro-
yided for any persou or persons convicted of any
msdemeanor under the provisions ct this act shall
| be punished for each and every offe11se, by tine
net less than ten, nor more than fifty DOLLARS ana
|
shall be imprisoned iii tin county Jail OF the proper
county, exceeding thirty days, Unless he or she
shall be sooner discharged therefrom by tic pay
ment of the aforesaid fine and all costs occasoned
| by his or her prosecution and imprisonment.
Section u. Chapter 35 of the revised statutes
entitled, " of excise md the several acts amenda-
tory thereof; chapter 127, laws of 1872 entitled An
act provide against the evils resulting from the
sale Of Intoxicating liquors., and chapter 23o, laws
of 1878, amending the sa1i1e and any laws confllct
| ing with the provisions of this act ore hereby re-
| pealed. Nothing in this act contained shall be
construed as repeating III any manner interfering
| with any of the provisions of chapter lis of the
general laws of 1859, chapter 21S OF the general
laws of 1861, but the said chapters nhail remain III
| full force and effect.
Section %. The provisions of this law shall apply
| to the whole state and every part thereon: lro-
vided however, that the board of supervisors, COM
mUn council village board of trustees may
provide by ordinance resolution for dsposlng OF
| the license money, in different mode from that
hereinbefore stated, if they should deem proper SO
to do and provided, further that sections ! and
of this act so far they fix the term for which any
license shall be granted, shall not III any way inter-
| fere with change the provisions OF any city or
village charter in that behalf, shall any Of the
provisions of this act III any way interfere with or
change the jurisdiction of any municipal or police
court in any incorporated city or village III this
| state.
Section "a This act shall take effect and be in
| force from and after its passage and publication.
Approved March 9, 1874.
| Published March 6, 1874
CHAPTER 10.
An Act relating to telegraph companies.
The people of the State of Wisconsin, represented