Gallipolis journal. [volume] (Gallipolis, Ohio) 1837-1919, 1880-01-29
Local Option.
A BILL

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Regulating the sale of Intoxicating
liquors BY restricting the sale there
Of to medicinal, pharmaceutic, and
sacramental uses, and submitting the
question of its adoption to the citizens
of the several townships of the State
OF Ohio.
SECTION l. Be it enacted By the General
Assembly Of the State of Ohio, That
within the limits of each and every
township within the State of Ohio, the
sale of spiritous, vinous, malt, or other
intoxicating liquors is prohibited, ex-
cept for medicinal purposes, on the
written prescription of q regular ,prac-
ticing physician, and except also for
medicinal, pharmaceutic, and sacra-
mental purposes; and any person who
shall sell, barter, offer for sale, or give
away any such Intoxicating liquors, or
shall employ any shift or device to
evade the provisions Of this act, shall
be deemed guilty of 4 criminal offence,
and, upon conviction thereof shall be
fined not less than twenty nor more
than fifty dollars and the costs Of
prosecution, aud be imprisoned in the
county Jail not less than ten nor more
than fifty days, and thereafter until
such fine and cost are paid. secured TO
be paid, or he or she otherwise legal
ly discharged And no ply sician shall
make or sign any snch prescription
except the person for whom it is made
is actually sick, aud such liquor Is
actually required as a medicine, and
any physician who makes or signs ,aay
prescription for such liquors, except as
provided for in this act, shall be
deemed guilty of violation of this
act, aud upon conviction, fined one
hundred dollars for each offense, and
pay, costs of prosecution. 81 Il I'll
SEC 3. The probate court shall have
concurrent Jurisdiction with the court
of common pleas in all cases of viola
tions under the provisions of this act,
and In no case shall an Indictment by
grand jury be required, but it shall be
the duty of the prosecuting attorney,
on notice from any citizen that an
Offense has been committed under the
provisions of this act, to immediately
file an information, accompanied by an
affidavit, In said court, setting forth
briefly, but distinctly, in plain and
concise language, the Offense charged;
and .thereupon said probate court shall
forthwith issue q warrant, directed to
the sheriff Of the county, for the arrest
of the accused, and upon such charges
such person shall be tried, and If tine
defendant pleads guilty or does not
demand q trial by Jury, the judge of
said probate court shall proceed to try
the issue; but if the person or persons
charged shall demand trial by jury,
then jury shall be drawn as for the
court of common pleas, and such court
shall issue venire for such jury to
attend forthwith, or OH day the court
may fix for trial of said cause, which
venire shall be directed to the sheriff
of the county, and by him served and
returned IN same manner as a venire
issued from the court of common pleas.
SEC 8. All practice and proceedings
In the probate court for violations Of
this act, aud not by the provisions of
this set especially provided for, shall,
In Tx, aspects, be In manner and form
as provided by the criminal code OF
Ohio for criminal otfenses In the court
of common pleas. a.
SEC. 4 The judge of such probate
court shall be paid for such services, in
criminal cases, such sums as the COM
missioners of said counties may allow;
and the sheriff and other officers shall
receive such compensation for their SER
vices as are now allowed by law in
similar cases, which. together with the
allowance of the judge of the probate
court, shall be paid out of the treasury
of said counties respectively, aud all
fines and costs collected by the probate
courts IN the enforcement of this act
ehal1 ha bu tbay,, y1aiI info tho fraaanru
of the county respectively for school
purposes.
SEC. s.. The foregoing sections of this
act shall not take effect or be enforced
in any township in the state of Ohio
until action shall have been taken by
the citizens aud officers of such town.
ship, as hereinafter provided.
SEC. G. On the petition of at least
thirty citizens of any township to be
presented to the township trustees
thirty days before the regular election
in April next succeeding the passage of
this act, and such trustees shall cause
notices to be given by posting in at
least five public places in the township,
and causing such notice to be published
for at least three consecutive weeks in
a weekly newspaper Of general circula-
ton in said township, that the question
of the adoption OF the provisions of the
foregoing sections of this act will be
submitted to the electors Of said town.
ship at such election. At such, election,
those ia favor of the adoption Of the
provisions of the foregoing act shall
have upon their ballots the words,
"PrOhibition, yes," and those opposed,
"Prohibition, no;" and if it shall be
found, on counting the ballots, that
more have thereon the words "Prohibl-
ton, yes," than prohibition, no." it
shall be held and proclaimed by said
trustees, and such fact shall be entered
upon their records that the provisions
of the foregoing sections OF this act
shall be enforced in such townships
from and after the date of said election
for the term of three years, and there
after until the trustees of said town.
ship shall have been again petitioned
as aforesaid, and another election had
as aforesaid, and majority of the
ballots shall have been found to have
the words, "Prohibition, no." If more
of the ballots on said first election shall
be found to have the words "Probibi-
ton, no." than "Prohibition, yes," the
question of the adoption in said town
ship of the provisions Of this act shall
not be again submitted to the electors
of said township for one year there
after.
SEC. Z. The trustees of each town.
ship in this state where the provisions
of this act shall have been adopted in
such township, shall cause notice OF its
adoption to be transmitted to the pro-
bate court of the county, and record
of the same made therein.
Sec. 8. This act shall take effect and
ba in force from and after its massage.