The Eaton Democrat. (Eaton, Ohio) 1875-1903, 1886-05-13
NEW LIQUOR LAW.
PR0HEssITIVE LEGISLATION
THAT DOES PROHIBIT.
The New and ErOH.CIad Liquor
w of HOwa-A Summary
of their Extraordinary
Provisions.
From the Miami Leader.

traord1nary piece OF restrictive leg
islation. tits so hedged about with
penalties and confiscating restric-
tions that the most reckless man
does not dare publicly to engagein
the liquor traffic contrary to the
few methods it permits; and traf-
fcing "on the sly" is practically
impractical.
1t is not, as many Ohioans sup
pose, a constitutional provision.
There is no constitutional prohi-
bition in Iowa. But there is legis-
lative prohibition in its most pro-
hibitory form. A prohibition
amendment to the Iowa constitu-
ton was adopted a couple of years
ago by the people, but owing to
some technical informalities in the
process, it failed to take effect, and
the effort has not been repeated.
The present state of prohibition
is the result of enactments by the
Legislature, which are all of recent
date.
The manufacture and sale of in
toxicating liquor of every kind in
Iowa is forbidden by the law, ex-
cept for medicinal, saeramental,
culinary and acknowledgements.
For these four purposes spirits,
wines and malt liquors may be
made and sold, but under certain
restrictions.
Druggists, only, may sell for me-
dicinal purposes; and they and
others may sell for the other three
purposes. But every druggist who
sells such goods must keep arecord
of his sales, the quantity, the per-
son buying, and the purpose for
which the stuff was sold. The drug
gist must be a regular pharmacist
and have a certificate to prove it.
Others who may desire to deal in
the tabooed goods, must get.a per-
NIT from the County Board of Su-
pervisors, (who correspond to our
Board of Commissioners, and
must give bond and comply with
other formalities, one of which is
to file a petition from a designated
proportion of his neighbors asking
that a permit be given him.
For keeping liquors for sale con-
trary to the law, the penalty for the
first offense is not less than $50nor
more than 800 fine, and the costs,
the defendant to stand committed
until the charges are paid. For the
second and subsequent offenses,
the fine is not less than $500 nor
more than $500, with the contin-
gents added. Liquors found on de-
PENDANTS premises or otherwise in
his possession shall be held to be
absolute evidence that they were so
kept contrary to law and no plea
in palliation or explanation OF
their presence shall be received.
For selling liquors contrary to
the provisions of the law the penal
ties are the same as for keeping
them for sale.
Keeping them for sale is one of
Tense, and selling them is another.
The law thus gets two whacks
at the unlucky wight upon one IL
formation.
These provisions cannot be evad-
ed by clubs, associations or any
private organization of individuals
All such loop-holes are effeetually
closed by the law.
The premises on which viola.
lions of the law occur, are held il
bail for the penalties. First the
furniture and fixtures will be sold
then if needs be, the building and
then, if the law still be unsatisfied
the realty will be sold.
A liquor saloon isdeclared to be.
per sc, a nuisance, and any citizen
is authorized to bring action against
it, IN the name of the State, and al
public expense, to have the nui.
sancc abatcd. The person who
erects or uses a building for a sa-
loon is held to be guilty of commit
ting a nuisance and may be en-
joined in the name and at the ex,
pense of the State, by any citizen
or by the District Attorney. Evi-
dence as to the common fame of the
place is held to be sufficient proof
The penalty for the saloon nui-
sance per SC is, a fine of not less than
$500 nor more than $1,000, with
costs and reasonable attorneys fees
for the persecution. The penalty
for erecting or using a building for
saloon purposes is q fine ofnot less
than $500 nor more than $1,000;
and to do SO after injunction pro-
ceedings brings further penalty in
the shape of imprisonment in the
county Jail for contempt of Court,
not less than three nor more than
six months. In injunction cases OF
this kind no bond IS required from
the plaintiff, a provision which will
probably astonish our lawyers.
Thus
Keeping liquor for sale is an Of
Tense;
Selling liquor is another offense
a saloon in itself is still another
offense;
Erecting or using a building for
a saloon is yet another offcnse.
Here are four grave oflenses held
to exist in the single act of selling
unlawfully a drink of liquor, and
to each OF them a heavy penalty
hangs.
When a saloon is formally con
victed of being a nuisance the Off
GERS are required to destroy all Ii
quors found therein, to remove and
sell all fixtures and furniture at pub
lie auction, and | believe the State
cOnfiscateS the proceeds provided