The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1888-03-13
THE TEMPERANCE BILL.
Text of the Measure for Control of the Liquor
Traffic Passed the Housesof representatives.


-+.-
The following is the full text of the temper
ance bill as reported from the committee on
temperance in the House Of REPRESENTATIVES of
the last General Assembly. and az finally passed.
It is . modification OF several bills. It passed
the House by vote of So TO 42 Five Demo-
Gratis voted for it on the final passage, namely:
Barnes. of Clarke Gordon of Putnam; Pierce,
of Adams. jay and Blackfed Patten, of Sull-
van, and Robinson. of Pntaam, Clay and Owen.
All the Republicans but three voted for &.
for to regulae the sale of intoxicating
liquors. defining the terms and conditions upon
which Intoxicating liquors may be sold, bartered or
license to be charged providing for recovery of
damages for injuries growing out of the unlawful
Conflict with the ao and a pSoy u
ing penalties for violation thereof
Section l. Be it enacted by the General As
sembly of the State of Indiana that it shall be
unlawful for any person, or persons, by himself
agent directly indirectly. to sell, barter or
give away. for any purpose of gain, to any per-
son whomsoever. any alcoholic, spirituous, vim
Gus or Intoxicating liquors Intoxicating bit
ters or other IN soxicaring drinks, be drunk as
beverage. until such person persons shall
have obtained permit from the authority
thorized In this act to Issue the same. under the
conditions, limitations and restrictions required
by this act.
Sec 2 Any person desiring permit TO sell
Intoxicating liquors. TO be drunk beverage,
in the State of Indiana, In any ward, if it be an
INCORPORATED city. or town. if It be an incor
porated town, township. shall file IL the
office of the auditor of the proper county, not
less than twenty days before the first day of
any regular session of the Board of Commission
ers OF said county, petition in writing. stating
therein the building. number of street, ward,
or township, wherein the pc rmission is asked to
be granted, praying for such permit. certify
Tying that the applicant is resident voter
of suck county, and citizen or the State of In
diana, and has been for the two years last past.
is not in the habit of becoming intoxicated and
that he is a proper person to have and receive
such permit, which petition shall be signed by
the applicant. The said Board of County Com
mlssioners. at the next regular session after the
ming of said petition, and if found to be- in
proper form. ard that it has been signed as
aforesaid. and all of the other provisions of this
act have been complied with, then they shall
grant him a permit to sell such intoxicating
liquors as are mentioned in Section of this act
ubject to all provisions of this act, and shall d.
rect the county auditor to assess the person to
whom such permit Is granted $500 And before
such person or persons to whom such permit
has been granted shall CONNIE nee the sale of
such Intoxicating liquors as are mentioned in
Section l of this act they shall pay into the
treasury of the proper county the assessment
and tax as aforesaid, and present a
receipt for the same to the auditor of the
said county, and receive therefor a Quietus,
stating that such tax has been paid, and the
said tax shall be distributed as follows: One
third to the general fund of the county in
which such intoxicating liquors men
toned in the first section of this act are sold;
one-third TO the school fund of the town, If it
be an incorporated town city, where the said
liquors are sold. Provided, however, if there
be no Incorporated townaor city in said town
ship, then the said one-thrd shall &c to the
school fund Of the said township where the said
liquors are solo, and one third to the fund of
the township. city, or Incorporated town where
such Intoxicating liquors are sold.
Sec. B. The Board of County Commissioners,
before granting permit to any Eserson or per-
sons, shall cause them 70 execute and properly
acknowledge before officer authorized to
take the acknowledgements of deeds bond pay
oh IN he S%a&n 81 x,I,a c
theusand dollars. with good freehold security of
not less than FIVE persons, neither of whom shall |
be "a distlller, brewer or dealer in intoxicating
liquors, and such bond shall De approved by the |
Board or County Commissioners and |
conditioned for the payment OF any and |
all fines. penalties and forfeitures incurred by
rsHson OF the violation of any of the provisions,
of this act. and conditioned that the principal |
ard surities therein named shall be Jointly and |
severally liable and shall pay to any person |
persons any and all damages which shall in any |
manner be suffered by inflicted upon any |
sach person or persons, either in person or prop
erty or means OF support. by reason of any sale |
or sales barter gifts of intoxicating LIQUORS by
the person or persons giving such bond, or by |
any of his or their agents employees And a |
married woman shall have the right to aring |
suit prosecute and control the same. and the |
amount recovered, the AZ if she was I'M /
married, and all suits under this section shall be
b civil action in any court of the State having
com petent jurisdiction, and all property with /
the bond mentioned aforesaid IN which such |
liquors were sold by which damages were done, |
IN part or IN WHOLE snail be liable for such dam
ages. Provided, however, that on the petition
ofsthe legal voters of each of the several town
ships of any county in the State, equal to one
tenth of all the cast in said township in
said county at the last preceding election for
members of the Legislature, the
Board of County Commissioners, ask,
in said county. to determine whether the intoxi-
eating liquors. mentioned in Section of this
act shall be sold as beverage in said County;
or upon like petition in any township or
tow nships in any county in the State of indi.
INA, 1t shall be the duty of the Board of County
commissioners Of said county to order elec-
ion, TO be held at the places of holding elections
.or members of the Legislature, in such county,
Dr. township, as the case may be, to take p'scs
within not less than forty days, and not beyond
linety DAYS after the reception of said petition !
20 determine whether or not the Intoxicating
liquors mentioned aforesaid shall be sold within
he limits OF the county or township so voting.
Provided, that no election held under this act
hal be held less than two months of any
county, State, national election, held in such
county or township, and such election or cleo
lions shall be held under the general election
avs of the State of Indiana and all the pro-
vislons of the said act or acts, relating the
General election laws in said State shall apply in
ike manner to the special elections held under
his act, except that the judges and inspectors
therefore shall report to the Board of County
as hereafter provided Provided,
urther, that those voting for the sale of intoxi-
Eating liquors beverage, that are men toned
n Section of this act, shall have written or
rinted on their ballots For the sale, and those
'otnR against the sale of the intoxicating |
liquors mentioned aforesaid shall have written
# printed on their ballots, Against the sale
Sec 4 II shall be the duty of the judges and
Inspectors of any election held under this act |
hey or one of Them as they may determine to
oliver by IL o'clock of the second day after the |
aid election to the said Board of County Com
statement of the whole number OF
'otes cast. for and against the sale of intoxicat-
ng liquors as mentioned In Section l of this
ct, and said commissioners shall canvass the
eturns SO made. and shall ascertain and deter
nine the results, and such result shall be spread
pon the minutes of said Board of County Com
lection was held; copies of which NAV be read
s evidence in all the courts of the State when
uly certified to by the auditor of the county in
Fhich such special election was held.
Sec. 8. Should majority of all the votes
ast in said election in any county or township |
o voting be against the sale. it shall be unlaw-
aid county to grant a permit sell. barter. or |