The clarion. [volume] (Jackson, Miss.) 1883-1888, 1886-03-17
THE LOCAL OPTION LAW.

THE LOCAL OPTION LAW.
AN ACT FOR PREVENTING THE EVILS OF
INTEMPERANCE BY LOCAL OFTIoN IN |
ANY COUNTY IN THE STATE BY SUBMIT |
TING THE QUESTION OF PROHIBITING
TIE SALE OF INTOXICATING Liquors TO
THE Qualified VOTERS OF EACH CoUN
TY, TO PROVIDE PENALTIES FOR ITS
VIOLATION, AND FOR OTHER PURPOSES.
SECTION l. Be it enacted by the Leg
islalature of the State of Mississippi,
That upon application by petition
signed By one-terth of the voters who
are qualified to vote for members OF
the Legislature, in any county in the State
addressed TO the Board of Supervisors Of
said county, it shall be the duty OF the
Board OF Supervisors to order an election
to be held at places of holding elections
for members OF the Legislature in such
county, to take place within forty days after
the reception OF the petition to determine
whether or not such spirltuous liquors az
are mentioned in the sixth section OF this
act, shall be sold within the limits of any
such county; Provided, That no election
held under this act shall be held within
less than TWO months of any county, State
or national election held in such county
so that such elections as are held under
this act, shall be separate and distinct
from any other general election whatever !;
Provided, further, That the Board OF Supeg =
yisors shall determine upon the sutiiciency
OF the petition, presented by the county
registration books OF the year before.
Sue. =. That the election ordered by the
Board OF Supervisors under the first sec
ton oil this act shall be held by three Com
missioners to be appointed by them, who
shall be suitable aud competent men,. who
shall not all be OF the same opinion as to
the question to be submitted, and who Tor
any cause may be removed in the same
manner "a they are appointed. Before
| acting, the said Commissioners shall sever
ally take an oath faithfully 10 discharge
their duties; while engaged in their duties
the said Commissioners shall be conserva-
tors OF the peace, with all the powers and
duties OF such in the county in which they
are acting, and shall continue in office
until the election is held and due return
thereof made and promulgated of the re-
| suits effected, as hereinafter directed. Such
election shall be conducted in the like
manner with other elections held in this
State under and as provided in chapter B.
of the Revised Code of 1880, and all the
provisions OF the said chapter shall apply
as far as practicable, to the said special
| election ordered by the Board of Supervi-
sors. 1t shall be the duty OF the several
civil officers of the State to turn over &c
the said Commissioners, on their demand
all ballot boxes and poll books in their keep
ing, for use in holding such election, anC
tie said Commissioners so appointed by tht
| Board OF Supervisors, shall have and exer
else all the rights, powers, privileges anc
| immunities, and discharge all the duties
and be under the like obligations as Il
the said special elections which are de
volved upon the Commissioners OF election
appointed under chapter 3, of the Code 0
| 1880; Provided, however, That the state
ment of the whole number of votes cast IL
any county, and the return OF said specla
election. shall be transmitted and III AIDE t
the Board of Supervisors by whom til,
election was ordered. The inspectors anC
clerks of the voting precincts in any count,
in which any such special election ma!
be held shall, as to such election, have ant
exercise like powers, privileges and immu
mites and discharge the like duties and b.
| unuHT IUe ike ObIIS do 6llN uSNUANCN
upon the inspectors and clerks of an,
general or special election ordered ant
held in pursuance of existing laws, blu
their reports and returns shall be made t,
the Commissioners appointed as aforesaid
by the Board of Supervisors. 1t being tn
object and purpose of this act that an.
special election ordered and held under il
shall be conducted as far as possible in &C
cordance with existing statutes, and tina
the Commissioners, inspectors and clerk
thereof shall be, iulike case with the Com
missioners, inspectors and clerks of elee
tions authorized by the Code of 1880, ex
cept as modified by the requirements an,
ex gencies OF this act.
SEC. 3. That all persons voting at an,
election held under the provisions of thi
act who are against the sale of such intoxi
eating liquors as are mentioned in tn,
sixth section of this act, shall have print
ed or written on their ballots Against tn
Sale" and those who favor the article
mentioned in said sixth section shall hav
written or printed OF their ballots For tn
Salen
SEC L. That when the result shall hav
been aseertained by the inspectors, they o
one of them, or some fit person designated
by them. shall by twelve o'clock noon o
|
the Commissioners OF said special election
at the court house of the county, state
ment of the whole number of votes cas-
: for aud against the sale Of liquor specific,
in the sixth section of this act, and tn
said Commissioners OF election shall can
vass the returns so made to them and shall
ascertain and determine the result, an,
shall, within ten days after the election
) make written report TO the Board of Su
, pervisors, verified by their afiidavits. O
the result so declared by them upon sue
: canvass and return, which said report shall
: be spread upon the minutes of the Boar
l OF Supervisors OF the county in which tn
t election may be held as soon as may b,
copies OF snch report may be read as eyi
denee in all the courts of this State whe
, duly certified by the clerks of the Chan
: Gerry Courts.
: SEC. 5. That If the result of any cleo
5 ton held under the provisions of this ac
: shall be for or against the sale, then n
J other election shall be held in the sam
! county in less than two years thereafter
and then only upon a new petition as afors
! said and by otherwise conforming to thi
G act.
: SEC. 6. That if majority of the lega
: votes cast at any election held under tn
: provisions Of this act shall be against til
D sale, it shall not be lawful for any perso
: within the limits of such county to sell 9
: barter for valuable consideration, eithe
e directly or indirectly or give to Undue
a trade at any place of business, or furnis
: at other public places, any alcoholic, spiri
4 uous, vinous, malt or intoxicating liquor
$ or intoxicating bitters. or other drink
which If drunk to excess will produc
: intoxication under the penalties hereir
| after prescribed, but if M ajority oflhe vote
e cast at any such election shall be for tn
I sale OF such liquors, then license to sci
4 the same may ordered by the Board of So
pervlsors OF the county at regular term O
/, by the proper municipal authorities,to an
1 male person over the age eff twenty on
/, years, when such applicant Is resident i
the county where such liquors are to b
sold, who in the opinion of the authori
7, ty granting such license shall be of GOO
E moral character and sober and suit
z able person 10 receive such license
by the recommendation to that effect Il
: writing, signed by at least twenty-five
real estate owners in such district or town
provided said applicant shall make appli
! cation in writing e said Board of Super
visors or municipal authorities, settin
forth the place where said liquors are t
be Sold and If firm is applying. th
II amps ~ all the sndsv mpmLara =