The Osceola times., 1883-04-14
The f" Blind Tiger - Law.
An Act to protect the people Of Ar
kansas against the elandestine
sale of intoxicating Liquors.

Sembly OF the state OF Arkansas:
Section |. That any person, own
ing or using, or controlling any house
or tenement of any kind who shall
sell or give away or cause or allow
to be sold or given away, any alco-
hol, ardent or vinous spirits or malt
liquors, any compound or tincture
commonly called bitters or tonics,
whether the same be sold or given
away, openly or secretly, by such
device as is known as "The Blind
Tiger" or by any other name or un-
der any other device, shall be guilty
of a misdemeanor, and if any person
shall obtain any such alcohol, ardent
or vinous spirits, or malt liquors, or
any compound or tincture commonly
called bitters or tonics, in any house,
room or tenement so owned, occu-
pied Or controlled by another, by
going therein or thereto, and by call,
sound, word or token, it shall be pri-
ma facie evidence of the guilt or the
person who occupies or controls such
house, room or tenement; or if any
persons are allowed to pass through
or into any room or place so owned
or controlled or occupied by another,
and there obtain such alcohol, ardent
or vinous spirits or malt liquors or
any compound or tincture commonly
called bitters or tt,nics, and it shall
be presumptive evidence of the guilt
of the party who owns, controls or
occupies such room.
Se,'. 2. BE it further enacted, That
it shall be the duty of all ministerial,
executive ana judicial officers in the
state, to faithfully enforce the pro-
visions Of this act, and it shall be the
duty of the prosecuting attorneys of
this state to prosecute under this act
and it shall further be the duty of
said attorneys to appoint deputies in
each counties of their respective dis
tricts, to prosecute for the state in
the absence of the prosecuting, and
whenever any person shall file with
any justice Of the peace or the may
or of any town or city, a statement,
under cath, that he or she has reason
to believe, and does believe, that
the person named in the affidavit has
violated any of the provisions OF this
act, it shall be the duty of the pros
ecuting attorney or the attorney SO
appointed to represent him or the
state, to file any information before
said justice of che peace or mayor,
who shall issue thereon writ for the
arrest of the person SO charged, and
take him before the officer issuing
such writ, for trial; and if the person
making the affidavit shall state the
house, room, or place in which he or
she believes the things herein prohi-
bited are sold or given away, the Of
ficcr to whom the writ is or was de-
livered, shall forthwith enter such
house and different rooms and apart
ments therein, whether opened or
closed, whether by day or night, and
search for such spirits or liquors, and
if any be found therein, or United
States license to sell such liquors, it
shall be prima facie evidence of the
guilt of the party owning or control
ling the house, and if he find any
person else in charge of such liquors,
he shall arrest him also, and bring
him before the officer issuing the
writ for trial and the prosecuting at
torney shall have like fees, and the
judgements shall be enforced in like
manner, as in other cases for convic-
tions for misdemeanors. Therefore,
BE it further enacted, that any or all
persons who may, or shall be con-
victed of violating this law, shall be
fined in any sum not less than two
hundred $1,000 dollars, and not more
than five hundred $500 dollars for
each and every otfense and be inn
prisoned for thirty days. Provided,
this act shall not apply to any per-
sons giving away spirituous liquors
or wines to friends upon his own resi-
dent premises with no view to profit,
nor to any person who has state or
county license to sell such liquors.
Sec. 3. No warrant shall be issued
to search a dwelling-house occupied
as such, unless it, or some part of it,
is used as an inn or shop or for pur-
poses Of traffic, or unless the magis-
trate, before whom the complaint is
made, is satisfied, by evidence pre-
sented to him, and SO alleges in said
warrant, that intoxicating liquors are
kept in such house or its appurten-
auces, and that said liquor is intend
ed for sale in this state, in violation
of law. Provided, that nothing shall
be so construed as to interfere with
the business of those legally author
lied to deal in any OF the articles
prohibited in this act, nor with the
use of articles prohibited in this act,
nor with the use oe articles in pri-
vate families nor in the mechanical
arts.
Sec. 4. Be it further enacted, That
all laws and parts of laws in conflict
with this act be, and the same are
hereby repealed, and that this law