Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1879-03-05

to ne clerk of the county court and II 1t shall be
found that majority of the legal votes cast at said
then 1t shall be the duty Of the county court clerk
present said certificate of the sheriff officer hold
court, who snail have the same spread on the min
utes OF the court, and said entry certificate shall
act,
s.. 8. Be 1t further enacted. That when the sheriff
0Iicer holding the election shall certify the result
to the clerk of the court that majority of the
cast In said district, corporation or ward shall be
against license then In that event the clerk Is here
by p ohbited from issuing or granting license to
any person TO sell in less quantities than gallon
any OF the liquors herein mentioned in said dis
tIicts corporation OF ward.
SeE g.. Be 10 further enacted, That said election
sha be feld as now provided by law In general cleo
lions, subject TO tie penalties for the violation
OF me laW, as In other elections now provided.
sec. III. BE II further enacted. That If any person
gets drunk In any district. ward. corporation or
county. where no licenses are granted, 1t shall be
or constable OF the county TO have the party SO
offending arrested Immediately and carried before
offender five dollars take his cwn Iecognzance in
the sum OF two bundled aid fifty dollars for his ap
pearanee at the next term of the circuit criminal
court of the county, to give in evidence before the
grand jury as to who sold him the intoxicating drink
Sec. IL. Be IL further enacted That If any officer,
whose duty 1t is 10 carry out any part of this act
shall wilfully neglect or refuse to do So shall, on
presentment By the grand jury, be fined not less
than two hundred and fifty dollars nor more than
treasury. and also be imprisoned in the county jail
for sixty days and dismissed from Office by the court
ckdVlctOn.
Sec II. BE il further enacted, 1t shall be the
duty Of all circuit or criminal judges of this State to
give tn act " charge g 70 th gfnf Hy
shall not be construed as to apply to druggists sell
ing sprtuous. vnous malt or termented LIQUORS for
medical purposes, upon the prescription OF prac-
Sec. IA Be Il further enacted, That any physician
who shall give a certificate to any person except
when 1t Is actually necessary for medical purposes,
shall be guilty OF mlsdemeanor and subject TO
Sec. 10. Be ~ JurtleT enacted, That any CIVIL dis
lct corporation or ward where this act may tai an
effect, that the question of 'for license" or no
license" shall be submitted to the qualified voters
at every general election thereafter, so long as the
act Is In operation in said district, corporation or
ward.
Sec 1B. BE it further enacted That this act shall
terfere with an act passed March 15 1877, ana en-
titled IAN Act to prohibit the sale OF intoxicating
liquors near Institutions of learning"
Sec 81. Be Il further enacted, That all laws or
parts OF laws in conflict with this act be and the
Sec 49, Be II further enacted That it shall be I'M
lawful for licensed liquordealer to keep his place
at night and seven O'Clock In the morning.
Sec. 10 Be 1t further enacted, hat this act shall
take effect from and after its passage, the public
welfare requiring It,
The Amendment.
The following is the full text of the amend
ment offered to the above by Snodgrass. 1t
amends by striking out all after the enacting
clause, and insert the following:
SECTION 1. That section $50 of the revised code
claring the right to sell certain liquors privilege,
be so amended to include malt liquors. medicated
further provide that the night to sell any such
liquors beverages, in less quantity than ten lO)
gallons is a taxable privilege.
Sec 2 Be It further e1acfed, That section 691 of
said code, prescribing the conditions upon which
beverages be so amended as to provide that in add-
ton to the requirements of such section, and cOndi
foiIewipS shalI be feauired Of the applicant as
condition precedent to the Issuance OF sCch license,
First-That the applicant state in his application
for license the district ward Of the county In which
he proposes to sell, and that he has obtained the
assent of majority of the qualified voters of such
district or ward to such sale.
Secondhand that such applicant shall prove such
statement by return of the sheriff of the county,
certifying that he has opened and held an election
in such district or ward, and that majority of the
qualified voters thereof voted in favor Of license
for such sale.
person to whom license is authorized to be granted
under provisions of existing law, shall desire to
cure license Tor SUCH SALE ne may In writing request
the sheriff or the county to open and hold an cleo
ton In such district CT ward he desires to SELL TO
ascertain whether majority OF the qualified voters
OF such district ward such sale; which cleo
ton shall be opened and held in all respects as is
such district after the sheriff shall have given twenty
days notice of such election by written notices of the
lie places in such district or waTd.
Sec 4. Be ii further enacted That the vote at such
election shall be by ballot, and persons favoring
such sale shall have written or printed on their tick
cts the words "For License and those opposing,
mo License and If the majority Cf the q allied
voters OF the district ward shall vote for license,
then the sheriff shall certify such fact and result to
the county court clerk; and If such majority vote
shall not be for license, he shall so
certify, and without such majority vote authOIiZ-
ing 1t the clerk shall issue license for such sale
ProVided, That the cost of the election held shall
he paid by the applicant or applicants; and pro-
vded further, that all persons desiring license shall
be included in the permission granted by the votes
Of the ward district; and provided further that
not than election for such purpose shall be
held in any period of twelve 90 months
.,
tice o, of chapter g. OF the revised code of Tennes-
see in regard to the sale of liquors is In conflict
with this act and all other laws parts of laws ID
conflict with this act, he and the same are hereby
repealed
Sec. g. Be at further enacted, That this act take
effect from and after its passage, the public welfare
recurring IL.