Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1883-01-27

Senator Rice yesterday introduced into
the senate bill to regulate the license and
sale of malt, spirituous and vinous liquors,
the provisions of which are as follows:
Section 1. The county commissioners
of each county may grant license for the
sale of malt, spirituous and vinous liquors
if deemed expedient, upon the application
by petition of thirty of the resident free
holders of the town, if the county is under
township organization and if not under
township organization, the thirty of the
resident freeholders of the precinct where
the sale of such liquor is supposed to take
place. setting forth that the applicant is
man Of respectable character and stand
ing and a resident of this state and pray
ing that license may be issued to him.
Such application may be filed in the Office
of the county auditor and upon the pay
ment into the county treasury of such
sums as the board of county commission
ers may require, not less than $500 for
each license, and upon the compliance
with the provisions of this act.
Provided, such board shall not have the
power to issue any license for the sale of
any liquor in any city or incorporated vii
1aQ0 OE WlLIllu TWO lI1IlcS VI lllO Sdu10s
Sec. 3. No action shall be taken upon
said application until at least two weeks,
notice of the filing of the same has been
given by publications in newspaper pub
lished in said county, or if no newspaper
is published in said county by posting
written or printed notices of said applica-
ton in five of the most public places in
the town, precinct, village or city in which
the business is to be conducted, when, if
there be no objection in writing made and
filed to the issuance of said license, and
the county board is in session, and all
other provisions of this chapter having
been fully complied with it may be
granted.
Sec. 8. If there be any objection, pro-
test, or remonstrance filed in the office
where the application is made against the
issuance of said license, the board of
county commissioners shall appoint day
for hearing of said case, and if it shall be
satisfactorily proven that the applicant
for license has been guilty of the violation
of any of the provisions of this act within
the space of one year, or if any former
license shall have been revoked for any
misdemeanor against the laws of this state
then the board shall refuse to issue such
license.
Sec 4. On the hearing of any case
arising from the provisions of the last two
sections any party interested shall have
process to compel the attendance of wit
nesses who shall have the same compensa-
ton as now provided by law in district
court, to be paid by the party calling said
witness. The testimony on said hearing
shall be reduced to writing and filed in the
Office of application, and if any party feels
himself aggrieved by the decision in said
case he may appeal therefrom to the dis
trict court and said testimony shall be
transmitted to said district court and SUCH
appeal shall be decided by the judge of
such court upon said evidence alone.
Sec. 5. The license shall state the time
for which it is granted, which shall not ex-
coed one year; the place where the liquor
is to be sold, and shall not be transferable.
Any license granted under this act may be
revoked by the authority issuing the same
whenever the person licensed shall, upon
due proof made, be convicted of the viola
ton of any provisions of this act.
Sec 6. No person shall be licensed
to sell malt, spirituous or vinous liquor by
the board of county commissioners, or the
authorities of any city or village unless
he shall first give bond in the penal sum
of $4,000 payable to the state of Mime
sofa, with at least two good and sufficient
sureties, freeholders of the county in which
the license is to be granted, to be approved
by the board of county commissioners,
who may be authorized to issue the license,
conditioned that he will not violate any of
the provisions of this act, and that he will
pay all damages, fines, penalties or for
FIXTURES which may be adjudged against
him under the provisions of this act.
The board taking such bond may exam
inc any person offered as surety on any
such bond under oath and require him to
subscribe and swear to the statement in
regard to his pecuniary ability to become
such surety. Any bond taken pursuant to
this section may be sued upon for the use
of any person, or his legal representatives
who may be injured by reason of the sell
ing or giving away any intoxicating liquors
by the person licensed, or by his agent or
servant.
Sec. Z. Every person licensed as
herein provided, who shall give or sell
any malt, spirituous and vinous
or any intoxicating drinks to
any minor, or servant or apprentice under
twenty -one years OF age shall forfeit and
pay for each offense the sum of $25.
Sec. 8. Any person so licensed who shall
sell any Intoxicating liquors to any Indian,
insane person, or habitual drunkard, shall
forfeit and pay for each otfense the sum
of $50.
Sec. 9. All persons who shall sell or give
away upon any pretext, malt, spirit or
vinous liquors, or any Intoxicating drinks
without having first complied with the
provisions of this act and obtained Ii
cense as herein set forth, shall for each of
Tense be deemed guilty of a misdemeanor.
and upon conviction thereof shall be fined
not less than 800 nor more than $500, or
be imprisoned not to exceed one month in
the county Jail, and shall be liable in all
respects to the public and to individuals the
same as he would have been he'd he given
bond and obtained license as hereinbefore
provided.
Sec. 10. The magistrate before whom
any complaint is made of the violation OF
the preceding section shall issue warrant
for the arrest of the offender, and if upon
an examination the magistrate shall have
reason to believe the party guilty he shall
recognize him to appear at the next term
of the district court as in cases of felony.
Sec. IL. Every person who shall sell or
give away any malt, spirituous and vinous
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