Mississippi leader. (Jackson, Miss.) 1892-1895, 1892-01-14
THE NEW CODE ON DRAM SHOPS.


new code on dramshops. AS Messrs.
and billiard of the code
are Prohibitionistsa and two
of the statesmanlike and loyal "a who
stood up in the Constitutional Con-
vention and were counted in favor of
making short work of the dram-shop
by prohibiting it in the organic law,
we would have looked for a straight
out prohibition statute, had this come
within the purview of their prescribed
duties. The code commission, how
ever, was charged with amending, har-
monizing and conforming Campbelfs
Code and existing statutes, as far as
practicable, to the new Constitution,
substituting new laws only where
necessary, and of course this could not
be looked for.
As it is, the chapter is a great i'm
provement, as whole, on xisting Ii
quor laws, combining the best features
of all. though if we were content with
a high license law, we could still sug-
gest some desirable amendments.
Some of the most important features
of the chapter are here noted.
If no local option election has been
held resulting against the SALE" the
seeker after license proceeds as under
the old petition law. If local option
election has been held which resulted
''for the sale," he must still proceed to
get up his petition of majority of the
legal voters, as provided by the Camp
bell Code, instead of 25' real estate
owners as under the local option law,
subject to counter petition. A signer
of counter petition may not have his
name erased therefrom after it is filed,
within one year.
Power to grant license is still invest
ed in boards of supervisors and mu-
nicipal boards.
In supervisors districts, the mini
mum license fee is 500, with no limit
as to maximum, half of the money to
go into the county treasury and half
into the State.
In cities the minimum is 81, 800, in
towns $1,000 and in villages S7O0, with
no maximum prescribed, one-third of
which goes to municipality, one-third
to the county and one-third to the
State.
An important amendment of the old
law provides that ''if majority of the
freeholders, ,rhO are qualified uOters, of
any supervisors district, city, town or
village, petition the board of supervi-
sors or municipal authorities against
the granting of license, then no license
shall be granted for twelve months"
Petitions for license must be pub
lished as heretofore. "A newspaper
publication in which the names are
crowded, or proper capital letters dis
pensed with, or in which anything else
is done, or omitted, to prevent or which
prevents the publication from being
easily read, shall be invalid"
Any signer of contemplation or
person who objected to granting of Ii
cense, may appeal from the decision of
license granting power, to the circuit
court, ON giving bond in the sum of
1902 with two sufficient sureties
Money paid by an applicant for Ii
cense shall not be refunded to him on
any pretense or claim whatsoever. =.
A violation of any of the provisions
of the bill forfeits license, and summa-
ry judicial proceedings are provided for,
by which any citizen may petition the
circuit judge, chancellor or a justice
of the peace and have the question set
tied according to the facts. If the pc
tition be adjudged untrue and be dis
missed, judgment for $50 and costs
shall be rendered against the petition
er in favor of defendant.
For selling without license, or giving
away liquor to induce trade, etc, or for
violating the law under which license
is issued, the offender may be fined
not less than S25 nor exceeding $500,
or be imprisoned in the county Jail not
less than one week nor more than three
months, or both, at the discretion of
the court.
The penalty for adulterating liquor
is not less than one nor more than five
years in the penitentiary.
Indictments shall not be quashed for
want of form, and prosecuting officers
shall not be required to elect on which
count they shall proceed to trial.
Persons who assist either purchaser
or seller of liquor or who shall solicit
orders in prohibition territory are liza
BILE to a fine of not less than $40 nor
more than $50, and Imprisonment in
county Jail not less than one week nor
more than three months.
For saloon-keeper to allow screen
or other device of concealment in his
place of business, or to carry on any
other business in room used for re-
failing, or to permit any minor to
come in and remain in his dram-shop
is made a misdemeanor and subjects
him to a fine of not less than $40 nor
more than $500, and Imprisonment in
the county Jail not less than one day
nor more than thraa monthS