The daily gazette., 1883-03-30
A LOCAL OPTION LAW.
The Iron Clad BilI Passed by the Senate
A Big Legislative Surprise,

quiet ways. The Senate passed Local
option OIL late yesterday afternoon when
such action had been regarded as one of the
most remote things under the sun, and was
~ unexpected as to knock the wind out oi
tne friends of the liquor interest and SET
everybody 70 talking In an amazed sort OF
way. Inc provisions of the bill have never
Deen published. II Is an entirely new
measure, quickly slipped in after two others
had been given prominence-Dr. CaldwelI's
ior an expression of opinion on which the
sext legislature was to act and that Of the
| otate temperance Alliance for outright
local option. Both of these bills have been
puoiisned in the GAZETTE In full, and as no
one dreamed Of the bill, passed yesterday
receiving more than one or two votes, the
correspondent thought these measures be-
coming TOO numerous and concluded not to
publish No. B.
Inc Dill came up In a-quiet way just be-
lore adJ'urnment Mr.. Belts said indiffer-
en1ly that 1t might as well be disposed of
now as any other time, and 1t was taken up
Tor third reading. Mr.. Cooper said that
whiie ne was In favor of suppressihg intem-
perence he did not feel kindly toward the
present bill. He would sooner vote for
prohieitory law and the present laws If they
were enforced would tend to greatly de-
crease the evils of the rum traffic. Mr.,
Betts replied that he was SO disgusted with
the liquor traffic that he was prepared to
vote Tor almost anything which would sup
press IT, Then the bill was put on Its pass
age, and passed, as follows: Ayes-Messrs,
6etts, Cavender, Roe, Mustard and Speaker
Cooper. Nays-Messrs. Cooper, Chandler.
Houston and Horsey.
In view of the surprising action OF the
senate in passing the bill, the action Of the
Rouse ls shadowed In considerable doubt.
mink no one in the Senate, outside of the
friends OF the bill, who have been playing a
snrewd and very quiet game, had any idea
Of it passing the Senate.
THE PROVISIONS OF THE BILL.
Here are its provisions
SECTION l. That the question whether
or not any person or persons, house, cor
poratlon, company or association may be
permitted to sell any spirituous, termented
or intoxicating liquors, of any origin what
ever, or alcoholic bitters at any time within
the limits OF this State shall be submitted to
the qualified voters of said county at all
election to be held on the fourth Tuesday of
May, In the year of our Lord,
1883, and which election shall be
held In accordance with and subject to the
laws governing the general election for
members OF the General Assembly; and the
election shall be held by the same persons
VINO held said last general election; and in
general the proceedings throughout, includ-
lug the filling of vacancies and canvAssing
the votes shall be the same; and all laws
now in force for the punishment of false
swearing or fraudulent voting shall be ap-
pllcable to the election herein provided for.
When the returns shall have been canvassed,
ana the result thereof ascertained certih-
cate thereof shall be made out aud together
with the returns themselves, filed with the
Clerks of the Peace of the proper counties
and for the purposes of this act they shall
be record of the Court of General Sessions
OF the Peace for said counties.
SEC. g. That the ballots for and against
such sale shall ha written orprinted upon
them "For the sale of Intoxicating liquors :"
or Against the sale of intoxicating liquors"
SEC. g. That if 1t shall be found by the
returns of said judges of election, the
majority Of all the votes cast in the said
county is against the sale of Intoxicating
liquors, then it shall not be lawful for any
person or persons, house. company, corpora
tlon or association, to sell directly or in
directly, at any place, or to give away at
his, her, their or Its place of business, within
the limits of this State any spirituous, fer
mented or intoxicating liquor of any origin
whatever, or alcoholic bitters after the 1st
day OF January, A. ID. 1884, but If it shall
be found by the returns OF the said judges
of election that the majority of all the votes
cast as prescribed In the preceding second
section, In the said county, have been cast
for the sale of intoxicating liquors, then the
same shall be sold or prohibited as now per-
mitted or prohibited by law, and not other
wise in said county.
SEC. 4, That If any person or persons,
house, company, association or body cor
porate shall sell directly or Indirectly at any
place or give away at his, her, their or its
place of business any spiritous or fer
mented liquors or alcoholic bitters, or in
toxicating drinks of any kind, within the
limits of said county where majority of all
the votes cast shall have been cast against
the sale of Intoxicating liquors on or after
the first day of January, A. D., 1884, he,
she, they or 1t shall, on conviction thereof,
forfeit and pay on the first conviction fine
of not less than 500 nor more than
$500 and costs of prosecution, or
instead of such fine imprisonment
In the county jail for 30 days, or both,
In the discretion of the Court, and on the
secoLd and every subsequent conviction,
fine of not less than than 5000 nor more than
$500, and in addition to such fine, imprison-
ment in the county jail for not less than 80
nor more than 80 days, ia the discretion of
fine and costs as herein described he, she or
they shall be committed to the Jail of said
county until such fine and costs are paid.
One-half of the fine imposed for the violation
of the act shall go to the informer and the
residue to the School Fund of the State.
SECTION 5. Every sale, gift, or disposal of
liquors shall be presumed to be made by the
occupier of the premises where the same
was SO made. And whenever 1t would be
unlawful to sell, give away or dispose OF
Intoxicating liquor to any person 1t shall be
likewise unlawful in the same manner
for any other person to procure
or aid In procuring 1t for such
person. Prima facie evidence that the
business of selling is carried on in any
house or place may consist OF the common
or usual signs of the occupation also of
the fact that the seller pays a tax to the
United States on the business oe liquor
dealer or selling liquor.
SEC. 6. That nothing herein contained
shall be construed to prevent the compound
ing or sale of any such liquors for medici- |
nal purposes by written bona fide pre-
scrlption of regular practising physician, |
whose name shall be signed thereto, and all |
such prescriptions shall be filed and kept by |
such pharmacist and druggist and no pre-. |
scription shall serve for more than one pur-
chase, nor shall any such sale or purchase |
exceed one pint. But no physician shall |
make or sign any such prescription unless /
the person for whom 1t 10 made is actually /
sick and such liquor is absolutely necessary /
as medicine. ANY physician who shall, |
after the said trst day of January, A. D., |
1884, make or sign any prescription |
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