The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1886-05-21

70 the Editor of the indianapolis Journals
1t 10 time the ideas Of the people were being
formulated into law. The following sketch Of a
law that would suit Indiana Is submitted by one
who worked for and rejoiced in prohibition In
1866, and who to-day tries to unite radical views
with substantial effects. This law blends local
sption-collecting penalties before IS well as
after violation, civil damages prohibition as to
sertain times, places and person, and penalties
concerning fines, imprisonments and disfran-
Rhisement
It is believed every principle here stated has
been approved by decisions of the Supreme
Court, and, therefore, no new plans to be judi
RALLY passed on are presented. The ground has
been fought over. PRACTICAL TEMPERANCE.
An act concerning the sale of% intoxicating liquors.
prescribing penalties, furnishing remedies for dam
ages repeating all laws contravening the provisions
of this act.
Section L Be it enacted by the General As
Bembly OF the State of Indiana that 1t shall he
unlawful for any person or persons by himself,
herself or agent to sell, barter or give away for
any purpose of gain to any person. any intoxi
sating liquor to be drunk in, upon or about the
building or premises where such liquor is sold,
ing premises adjoining or connected with the
place where the liquor is sold, bartered or given
away, until such person or persons desiring to
sell Intoxicating liquors TO be drunk on the
premises, shall file with the auditor ofthe proper
gounty, not less than twenty days
session of the Board of Commissioners of such
eounty, petition in writing signed by the per-
son desiring to sell such liquors, and majority
Of ell the legal voters resident in the ward, If it
be city or town, if ii be an incorporated town,
or township wherein the applicant resides and
proposes to sell such liquors, which petition shall
state, first the building number, street, ward
or township wherein such liquor is desired to be
sold; second that the person desiring to sell such
liquor is resident voter Of such ward, town.
township or county, and citizen of the State of
Indiana and that he is q proper
person to sell such liquor, an observer
Of law, and not addicted to the use of
intoxicating liquors; third, that the place where
such liquors are desired to be sold is at least
bighth Of mile from any church, school-aouse,
Institution of learning, fair ground or place OF
amusement Such petitioners shall be major
ity of the legal voters who actually voted at the
last general election held in such ward, town or
township for the officer receiving the largest
humber of votes cast at such election, which
fact shall be verified by the affidavit of the per
son or persons who saw such petitioners sign
their names to said petition. The board shall
examine such petition, and if satisfied that the
same is in proper form, that it has been signed
rs herein required, and that notice has
been given in two newspapers published in
che English language and having the largest cir
sulation in the town. city or township wherein
said liquors to be sold, which notice shall be
published every other day, if there be daily pa
pers published in such town. city or township,
and, If the papers are published weekly, then
ence each week, for the period of thirty days
preceding the first day of such regular term OF
che Board Of Commissioners, which notice shall
state the name of the person desiring to sell such
liquors, and an exact description of the premises
on a. in which the same are to be sold, and the
term when the same will be presented to the
commissioners; then said Board of Commission
Rrs shall cause said person desiring to sell
such liquors to execute bond. payable to the
Etate of Indiana, properly acknowledged before
any officer authorized to take acknowledgment
Of deeds, in the sum of five thousand dollars,
with good freehold security thereon of not less
shan two persons, neither OF whom shall be a
distiller brewer or dealer in intoxicating liquors.
or related to such, or in any way interested in
the manufacture or traffic in such liquors Such
bond shall be approved by the Board of Com
missioners, and conditioned for the payment of
any and all fines. penalties forfeitures and
damages incurred by reason of the violation of
any of the provisions of this act; and conditioned
further that the principal and sureties therein
named shall be jointly and severally liable and
shall pay to any person or persons any and all
damages which shall in any manner be suffered
OF inflicted upon any such person
or persons by reason of any sale or
sales, bartering or giving of Intoxicating
liquors to any person, by the person giving such
bond, his or her employees or agents. Such
damaees may be either in person, property or
means of support. Separate suits may be
brought on said bond by the person or persons
injured, and in Gaze the amount of said bond is
exhausted, by receiving thereon new bond in
like amount sureties and terms shall be filed
within ten days thereafter Such bond shall be
fled with the auditor of the county, and re-
corded in book prepared for that purpose, and
shall there remain for the use of the State of In
diana, and also for the use of any person or per-
sons suffering any damage as herein set forth.
Such bond may be sued and recovered upon in
any court having civil jurisdiction
in the county, except justices courts.
by or for the use OF any person or persons, or
their legal representatives, who may be injured
or damaged by reason of any bartering, giving,
sale or sales of Intoxicating liquors by the person
executing said bond, his or her agents or en-
ployes Wives may sue as femme sole, and minor
children by a next friend. The record of the
bond, or a copy thereof duly certified by such
auditor, shall have the same force and effect as
1ence.
Sec Before any person thus petitioning
and executing bond shall sell, barter or give
away any intoxicating liquors, to be drunk on
the premises or otherwise, as herein provided,
he or she shall pay to the county treasurer the
sum of one thousand dollars and file
his receipt therefor with the auditor of
such county, who shall thereupon issue to such
person or persons desiring 10 sell sucn liquors
certificate stating the term of the court when
the petition was acted on, describing the prem-
ses where the liquors are to be sold. bartered or
given away, the name of the person or persons
desiring to sell the same; which certificate shall
be null and void at the expiration of one year
from the first day of the term of the Board of
Commissioners when the petition on which the
same was granted shall have been acted on.
Any Incorporated town or city may require
the payment into the treasury of such
town or city of any sum not exceeding one
thousand dollars from any person or persons
holding such certificates and such town city
may pass such ordinances or bylaws, with
proper penalties to enforce the same. Such GER
tificate or certificates shall be hung up in a con-
spicuous place in the room where such liquor is
sold, bartered or given away, to which shall be
added the certificate of the auditor, stating who
are sureties on the bond given.
by himself agent or employee, to SELL barter or
give awav Intoxicating liquors First, to any