The daily gazette., 1881-03-31
Our Legislative ,.ss.er.
ABOUT THE LooxL OPTION n1L1-pRo

DONhhl b4Lse hA8tNt wv hO Bull
ate, this morning, passed the Local Op-
tiOn bill In an amended shape, but still
IN q condition that Is far from satisfac-
tory to the liquor men, or to those who
look upon liberal, but strigent, license
law as the best mode OF dealing with the
liquor traffic. A summary Of the provi-
sions injected into the bill by the Senate
amendments Is as follows:
Hereafter, license to sell liquor shall
be issued to house instead Of person,
and the owner of the h use, or tenant,or
occupant, with the owners consent, shall
make the application in the same manner
as tavern licenses are now applied for.
Judgment FIR fine and costs imposed for
violation ofthis law, shall be lien upon
the premises where breach took place,
and conviction upon indictment shall
be conclusive as to sale or disposal and
place where made. Bar fixtures are
made prima facia evidence of The exist
ence OF selling. Druggists applying for
license shall make affidavit that they will
not sell more than SIS worth, or twenty.
five gallons of liquor during t1e next
year, and If this oath Is violated, 1t is per-
jury. Any tenant Of licensed house, who
violates the Law, shall lose his right to
hold the premises aud the owner shall be
entitled TO possession, provided he has
not been pIlvy to the violation.
Licenses for sale Of liquors at drug
stores shall be to the person petitioniDg.
II he allow his store to be place for tip
pling, or in any respect violate the law,
he shall in addition to the other peUal-
ties absolutely forfeit his right to sell
70 ~, !,
Of spirituous or alcoholic liquor for sale,
shall pay to the State treasurer on or be-
fore the LIST day of January in each year,
ten cents for every gallon manufactured
during the preceding year, an acc unit Of
which, supported by affidavit, he shall
furnish to the Stale treasurer. Failure
to pay tax or render account, Is q
misdemeanor punishable by fine not ex
ceeding $500. When such default 10
made the treasurer shall notify the
attorney general that an Indictment
may be drawn. Conviction works q
forfeiture OF all machinery and appara-
tus. A manufacturer shall not sell
in less quantities than one gallon, to be
taken away, at one tune; nor shall sell
or give away any liquor to be drank
about the premises, nor to any person to
whom an innkeeper may not lawfully
sell
de shall sell no liquor not manufac-
tured by himself, NOR mix the same with
his own. Any violation of these pro-
visions 10 Unable, not exceeding 500
and costs and imprisonment net less
than one nor more than Elk months.
All liquors, spirited, mixed or fermented
n M ta0ttnR nnpniwad aiAnr
! All sales, gifts or disposal Of liquor is
! presumed to be made by the occupant Of
| the house where made, Whenever IL 10
person 1t shall be unlawful for any other
pc; son to aid In procuring 1t for such
person. Conviction of the owner or
tenant OF any house shall operate to
kmake the prosecution OF the business
there afterward unlawful and nuisance
and the court shall order 1t suppressed
and the building seized and held by the
sheriff, and the costs for such keeping
shall be lien upon the premises and
may be collected by execution process
in order and attachment for contempt.
| There shall be attached TO the court
| OF general sessions of the peace and
jaii delivery for New Castle county, an
additional bailiff for the special duty of
searching out, detecting and reporting TO
the attorney-general all violations in the
city of Wilmington or its suburbs, of
the law regulating the sale of lntoxicat-
ing liquors or Of any other criminal
statute, and for this purpose when the
court 10 not in session, he shall be under
the orders of the attorney-general to
him in his official duty of bringing OF.
tenders to justice. He shall have power
without warrant, TO arrest any person
committing crime in his presence, and
take him before some committing mag
istrate, and warrants Of arrest may be
issued 70 him as 20 any constable but
his special business shall be to bring u
Justice offenders against the act. Upon
certificate OF the attorney-general as tC
his efficiency, he shall receive $1,000
per year. He shall be subject to re-
moval by the court as other bailifis are
Upon the written order of the attorney
general he may peaceably enter any
place in the discharge Of his speca
duty. Resistance 10 him in the dis
chaI ce of his official duty shall be con-
tempt OF court as we'll as a ihisde-
meanor.
BeCJlOu 6lCN6u 10 VI Iuo IONOlullOi
} order and recites the growing sentI
ment expressed against liqusr sell ny
declares that the numb of license,
now issued shall not be increased bn
a diminished where circumstances re-
l quire il, provided that where major
!: ity of the school voters in any schoo
a district or ward of city shall, by 4,
writing under their hands, addressed
to the cor rt, express their wish tina
another license shall be granted fol
!. the sale of spirituous liquors in sucl
. district or ward in which they reside
and recommend tho person applying
for it, the court may, in their dlscre-
ton, consent 10 the desired Increase
4 Licenses shall be framed and hung NJ
in conspicuous places, and the absenc,
4 of such license shall subject the per
son licensed to a fine of $40. Every
violation of any provision of the act o
:. of any other regulating the sale of in
toxicating liquors shall be misde
Q meanor, and upon conviction wher,
no specified penalty is in the act pro
It yided, the offender shall pay fine O
one hundred dollars and costs of pros
ecution, and imprisonment not les
than one nor mere than six months
1t and if licensed shall also forfeit his Ii
cense.
In prosecutions against any vendc
8 of intoxicating liquors it shall not b
y. necessary to aver or allege in an
"a r-- 80 Tho dafendanL had no licanI