The Superior times. [volume] (Superior, Wis.) 1870-1912, 1874-02-21
TEMPERANCE LEGISLATION,
SYNOPSIS OF the Substitute for the Gra-
liam Law-.-Details of its
Leading Features.

substitute for the Graham law. intro
duced IN the Assembly late Saturday
night, by Mr.. Vogel, of Milwaukee.
The authorship of the measure is as
c1bed principally to Senator Cotzhau-
sen, an attorney of the Personal
Liberty League The bill is said to
have the unanimous approval of the
Reform members of both houses of the
Legislature
Section |. Authorizes town boards of super
FlsOts, aldermen OF cities. and trustees of viii
lagos, to license places for the sale Of spirit
nous and malt liquors to be drank on the
premises. Licenses shall be issued for not
less than S25, and not more than $50. The
same board may revoke licences issued by
them
Sec. 2. Wholesale licenses may be granted.
at charge of from SO TO ST.
Sec ). Prescribes form OF issuing license.
Sec. 4, Every Eorson licensed shall give q bond
with at least two gGodaEd sufficient sureties in
the sum OF 500. SGreties shall be freehold
era and residents Of the county, and shah each
justify In the amount of the bond The bond
snail be conditioned that the person licensed
VIII keep IN orderly house; that he will per
NIT no gambling with cards. dice or other de-
wee or implements, liz the house or on the
premises; that he will not sell nor give away
any Intoxicating liquor to minors, unless
upon the written order of parents or guardl-
ans, nor to persons intoxicated or bordering
upon lntoXicdtoD, nor to known habituai
drunkards, and that he will pay all damages
resulting from the sale OF liquor by him to
either OF these prohibited classes. and that
he Will obey ali municipal regulations IRE
scribed for his Observance. Ia case any of
the conditions OF this bond are violated. suits
may he brought on the bond, and Judgment
entered against the principal aud suretics II
moro than one Judgment is entered On the
bond, the proceeds may De applied to liqui-
dating such several Judgments in whole or i'll
part. judgments may be discharged after
one wear, IN the discretion Of the court.
Sec. 5. Selling liquor without license and
bond, in violation OF THE act Is declared
mlsdemeauor, and on conviction, the party
may be punished by fine not less than $40
With costs Of the action, or may be imprisoned
IN the county jail not less than 10 nor more
than 90 days. IF the party shall be fined. and
shall refuse to pay the fine, he shall be i'm
plisoned unit! 1t is paid. In case of second,
and for all subsequent offcnses, the punish
mCnt may be by both tiae and imprisonment
in the discretion of the court.
See. 5. All cases arising undor this act NAV
be tried before justices 81 the peace provided
that no person shall be deprived of the right
OF trial by jury.
Sec. 7. Directs that justices of the peace
shall issue warrants on the complaint OF any
person that the provisions of this act have
been violated, and saall issue summons to
witnesses IN the same warrant.
Sec. 5. Makes 1t the duty OF the district at
torney to prosecute ali actions against offend
Crs under this law.
Sec. g. Makes it the duty of any town SUI
pelylsor, village trustee, city alderman, JUS
lice, marshal, deputy marshal, or constable
VINO shall know or be crediny informed of a
violation of this act, to report and make COM
thereof II inst ,sT.
officer shall neglect to make such compliant.
he shall be subject to a fine Of 525 f0r each
such neglect or refusal.
Sec. 10. When any person bv habit of ex-
cesslye drinking shall misspeDd or waste his
property or estate, and thereby expose either
himself or family to want, or render him or
them liable TO become public charge or bv
such habit shall iniu e his health, or render
himself or his family liable to injury or dam
age, the board OF supervisors, trustees or al
dcTmcn, or any member thereof. shall forbid
the selling or giving away 10 such person Of
any Intoxicating liquors, for the space Of one
year.
Sec. II. The same authorities may renew
tins prohibition to sell to anv such reFsO9
from Eear to wear, and f any licensed dealer
shall, in violation Of such prohibition, sell to
any such forbidden person, he shall raw a PEN
atty of $50 for each CtfeDse.
Go . II any alaI- ae.4aa4..a s,hsu ,.ranl1r d..
Tor such forbidden person, or shall attempt
or give to him, or purchase for HIM aEv int0x-
lea ting liquor, such person shall be deemed
guilty Of a misdemeauOC. and on conviction
shall pay fine not exceeding $50, and In de.
fault OF such payment be imprisoned 30 davs.
Sec. IS. Makes the violation or evasion OF
any provision OF this act, or the sale of anv
liquor within onc mile Of the Wisconsin hos
pltal for the insane, a misdCmeauor.
Sec. Il. Provides for a citation to any per
son licensed under this act, who shall keep a
dlsorderly or improper house, TO show cause
why his license should not be taken away.
Sec. 10. If such person shall not appear 10
answer such citation, his licelse shall be re-
yoked II he snail appear and deny such
charges, the party making them, aud such
person may produce witnesses before the
board, and If the charges are found to be
true, the license shall be revoked No license
so revoked shall be renewed to the same per
son within one year.
See 10. Anv person or persons who rhaIi
be injured IN person, property, or means of
support, by or in consequence Of the ntoxi-
cation Of any person 10 whom the selling or Civ
ing away Of Intoxicating drinks is hereby pro-
hbited, shall have right of action seveIallv
OF jointiyiu hIs, her or til cir own names against
persons violating the provisions of this act
by selling or giving away intoxicating drinks
contrary thereto; snd such person or persons
SO selling or giving away in violation of this
act shall be liable for all damages resulting
theTctrOm. married woman shall have the
same right to bring suit and to control the
same as q femme sole. and all DAMAGES re-
covered by MINOR shall be paid either to such
minor or to his or her parents. guardian or
next friend. a. the court shall direct, aud all
suits for damages may be brought by any
action in any Of the courts of tins
state having competent jurisdiction
Sec. Il. ANY intoxicated person, so intoxi-
Gated in public place, shall, on conviction
thereof, be fined SO or Imprisoned DAYS.
but INCORPORATED cities or villages may pro-
vide different penalty II deemed CXpedient.
See. IL. Makes the money received for IL
ceuse q fund for the maintenance OF papers,
so far as is rs CURED for that purpose
Sec. 10. Ali places where liquors are sold IN
violation Of this act shall be taken to be COM
mon nuisancos. and may be shut up as such
Sec. 20. Makes the selling or giving away
of any liquors with intent to evade thls act,
an unlawful selling Of such liquors.
Sec 81. Makes all misdeueanOrs created
by this act. the punishment Of which is not
otherwise declared, punishable by fine OF
not less than $40, nor more than $50, with
costs for each offence and with Imprisonment
TOR 80 days I'D case of default.
See. y. Repeats conflicting acts, and es-
pCcialiv the Graham law, so called. beins
Chap I27, laws Of 1872. entitled ian act to
pl DIVIDE against the evils resulting from the
50 OF intoxicating liquors.
Sec. %. Makes the law apply to the whole
state and every part thereof, but the license
money may be disposed Of in a different man
ner by the local authorities. if they sec fit.
Sec 81 Provides for the act taking effect
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Legislative summary.
Senate.
TUESDAY. February 10-The Joint