The Jackson standard. [volume] (Jackson C.H., Ohio) 1847-1888, 1879-02-06
LOCAL OPTION.
House Bill No. 619-By Mr.. Quinby, Of
Clinton County.

ton of the sale of, intoxicating liquors
beer, ale, and wine, except for medi-
cinal purposes.
SECTION l. Be 1t enacted By the General
Assembly of the State of Ohio, That it shall
be the duty of the trustees of each of the
several townships of the State of Ohio,
upon the petition in writing of thirty or
more of the electors of any township, to
them, or the township clerk presented, at
least thirty days previous to the first
Monday Of April of any year, asking that
a vote of the electors of such township
may be had upon the question of the sale
therein, or the prohibition of the sale
therein, of intoxicating liquors, beer, ale
and wine, except for medicinal purposes,
to call an election of the voters of such
township, on the first Monday of April
next thereafter, at the usual place of
holding elections therein, for the purpose
of submitting to the voters of such town
ship the question of the sale of, or the
prohibition of the sale thereof, in such
township, except for medicinal purposes,
Intoxicating liquors, beer, ale and wine,
notice of which shall be given by posting
written or printed notices thereof in at
least ten public places in the township,
or by publication in some newspaper of
general circulation therein, or by both
methods.
Sec. 2 1t shall be the duty of the
judges of the election in such township,
on the first Monday in April next follow
ing the giving of such notice, to receive
from the legally qualified electors Of such
township, tickets, either written or prin-
ted, or partly written and partly printed,
thereon, the words For the sale of in
toxicating liquors beer, ale, and wine,
in n-to township, county, Ohio,
(filling the blanks with the name of the
township and county in which such vote
is taken or the words Against the sale
of Intoxicating liquors, beer, ale, and
wine, except for medicinal purposes, in
- township, -- county, Ohio"
(filling the blanks with the name of the
township and county in which such vote
is taken) and to deposit said tickets in a
box provided for that purpose by such
judges, as is required by law in the case
of other tickets received at other cleo
tions held on the first Monday of April
each year, and the tickets so received
shall be counted by said judges and the
clerk or clerks of election of such town
ship, after the closing of the polls, in
such manner as is now provided by law
for the counting of the tickets cast at
other elections held the first of April
0dCu year, anu dHuOuhSO IAO 1CobAp
thereof.
SEC g. 1t shall be the duty of the town
ship clerk of such township, within two
days thereafter, to enter upon the record
book of such township the result of such
election, giving the whole number of
votes cast the number of votes for the
sale of intoxicating liquors, beer, ale and
wine, in such township, and the number
of votes against the sale of Intoxicating
liquors, beer, ale and wine, except for
medicinal purposes, in such township,
and to file the poll sheet and tally sheet
of such election in his office, together
with copy of the notice of such elec-
tion, and the notice in writing request
ing the vote to be taken.
SEC. f. If majority of the tickets vot-
ed at such election shall be for the sale
Of Intoxicating liquors, beer, ale and wine,
then it shall be lawful to sell intoxicat-
ing liquors. beer, ale and wine, in such
township, subject to such restrictions,
regulations, and penalties as may now
exist by statute, or may hereafter be pro-
vided thereby; provided, that this act
shall not be construed to repeal or affect
any special law prohibiting the sale of
intoxicating liquors; but if majority of
the tickets voted at such election shall
beer ale and wine, except for medicinal
purposes, then it shall be unlawful, after
the first day of Jnne next thereafter, to
sell Intoxicating liquors, beer, ale and
wine, within the limits of such township,
except on written prescription of prac-
tising physician and for medicinal purpo
ses.
SEC. 5. In receiving and counting the
votes cast at such election, the judges
and clerk or clerks of election of such
township shall be governed by the laws
of this State regulating township cleo
tions and the penalties of said election
laws are hereby extended to and shall
apply in full force to the electors voting
at such election, and to the judges and
clerks thereof in attendance upon cleo
tions held under the provisions of this
act and any expenses incurred by the
trustees of such township in giving notice
of such election, shall be paid out of the
township fund of such township on their
order.
SEC. 6. And in any township where the
majority of the votes so cast at such cleo
ton are against the sale therein of intox
icatng liquors, beer, ale and wine, ex-
cept for medicinal purposes, if any person
or persons shall, after the first day of
June next succeeding the taking of such
vote, either by himself or herself, or by
or in the name of any partnership or
firm, or company, or by agent or in any
other manner, in any public place, or any
place of public resort, or in any saloon,
eating house, bazaar, room, restaurant
tavern, hotel, or inn, or in any place
whatever, keep for sale, or expose to or
for SALE or keep for the purpose of giving
away, or shall sell or give away any in
toxicating liquors, beer, ale and wine,
such person shall be liable in the sum of
fifty dollars, to be recovered as liquidated
damages, for every day after the first day
of June next succeeding the day of tax
ing such vote, that he, she, or they may
keep for sale, or expose for sale, or keep
for the purpose of giving away, any in
toxcating liquors, beer, ale, or wine, in a
civil action, to be brought in the name of
such township against such person or per-
sons; provided, however, that this act
shall not apply to intoxicating liquors,
beer, ale or wines sold at drug stores on
the prescription of practising physician
for medicinal purposes.
SEC. 7. And it shall be the duty of the
prosecuting attorney Of the county in
which said township is situated, at the
request of the township trustees, or any
two of them, or upon the written request
of any twenty electors thereof, or upon
his own information, to bring civil suit
for damages, either before justice of the
peace of such township, or in the court
of common pleas of such county in which
such township is situated, against such
person or persons; and ten per cent. oi
all damages so recovered shall be paid the
prosecuting attorney of such county, and
ninety per cent. OF all damages SO recov
cred, when collected, shall be paid the
clerk of the court in which the same is
COLLECTED or by the Justice of the peace