Audubon County Republican. [volume] (Audubon, Audubon Co., Iowa) 1885-1894, 1892-03-03

local option bill. The measure was
made special order for Thursday,
March 3. Following is substitute in
full:
SECTION l. That upon the presentation o
| a petition signed by two-fifths of the quail
! fled electors, whose names appear on the pol
| books of the last preceding general election
| of any county within this state, to the boarC
| of supervisors of such county, requesting
| SAID board of supervisors to submit to the
, legal voters of said county, the question
! whether or not spirituous, malt. fermented
and vinOus liquors may be sold or manu-
| featured and sold therein, under the rules
restrictions and regulations of this act. il
the board of supervisors of such county are
satisfied that the signatures appearing upon
said petition are genuine and that the sign
ers are legal voters and bonatide residents
of such county at the time of the prcsenta-
| tion of said petition, 1t shall be the duty of
said board of supervisors to order n special
election in said county, at which election
the question shall be whether or not permits
for the sale or for the manufactu -e and sale.
DIS the case may be, according to the prayer
of the petitiOn-Of spirituous, malt, fer
mcnted and vinous liquors may be granted
in said county. The ballots for such cleo
ton shall have printed on them, For Per
mits" or Against Permits" and no other
question shall be voted for upon the same
day; nor shall such election be held within
ten days before or after any general or
special election. All elections under
the provisions of this act shall be
held at the same places and conducted in
the same manner as is prescribed by law for
general elections in this state, and shall be
subject in all respects to the provisions of
all laws governing general elections, so far
as the same may be applicable; and only
persons entitled to vote at such general
a1aptinnS shall ha antitlal 70 NJ aIo
tiOns held under the provisions of this act (;
provided that u second special election shall
not be held under the provisions of this act
within less than three years from the time
of the first election so held, and thereafter
such elections shall not be held oftener
than once in five years. Notice of every
such election as is herein provided for shall
be given by publication for three consecu-
tive weeks i'll two newspapers of opposite
politics, published and of general circula-
ton in the county in which such election is
to be held, the last publication to be at least
ten days prior to the date fixed for such
election. The votes at any such election
shall be canvassed by the county board OF
supervisors, which shall certify the result
of such election to the clerk of the district
court in and for the county, and all the ex'
penses of any such election, including the
cost of publication of notices, shall be paid
out of the general fund of the county.
Sec. ?. Any one who shall falsely sign the
name of another to any petition provided
for in section l of this act, shall be deemed
guilty of forgery, and upon conviction there
of shall be punished as is now provided fol-
by law in case of conviction for forgery
and all provisions of law relative to the
bribery of voters are hereby made appli
cable as far as possible to the bribery Of
signers of the petition hereinbefore pro
vided for
Sec. 3. In case a majority of all the votes
IL, al =. Al e..
in section hereof shall be in favor of the
granting of permits for the sale, or for the
manufacture and sale, accordingly as the
question shall have been submitted ana
voted for at said election, of spirituous
malt, fermented and vinous liquors, permits
may be granted within such county upon
the conditions and subject to the rules, re
strictions and regulations hereinafter pro
vided for. Provided, that no permit author
lied under the provisions of this act shall be
granted for the sale, or for the manufacture
and sale, of said liquors in any township Of
ward which shall have cast majority O.
votes against the granting of permits there
for.
Sec, 4. Applications for permits under this
provisions of this act shall be by petition Il
the district court setting forth that the ap
plicant is of respectable character, gooC
standing, resident of the state, describing
the premises upon which the business is Il
be carried on, and praying that permit fo
the sale or for the manufacture and sale o
spirituous, malt, fermented and vinou'
liquors may be granted to him; and shall b'
signed by the owner of the premises upoI
which the sale or manufacture and sale Il
to be carried, and If in any city or incorpo
rated town, by majority of property own
ers and residents on both sides of the stree
on which it is to be carried on to the dis
tance of 200 feet in each direction there
from; and if outside the limits of city o
/ incorporated town then by thirty residen
! freeholders of the precinct where it is to b
| carried on, Provided that in no case shall
more than one-third of the resident free
! holders OF such precinct be required a
signers to such petition. The petition shall
be filed in the office of the clerk of the dis
! trict court.
! Sec 5. No action shall be taken upon an
/ application for such permit until at leas
| two weeks notice thereof, stating the nam
! of the applicant the place where the bust
ness is proposed TO be carried on, the dat
of the filing and the date of the hearing upo
such application, has been given by publ
| cation in two newspapers of general circI
lation ia the county in which the application
| is TO be made.
If there shall be any objection protest, @
remonstrance in writing, by any perso
against the granting of a permit on an
such application therefor, filed as much a
four days before the date of hearing, and
it shall be satisfactorily proven that tn
applicant has been guilty of the violatio
of any of the provisions of this act With
the space of one year, or is of bad mori
character, or is not resident of this stat
or that any former permit that may hav
been granted to him has been revoked fC
any misdemeanOr against the laws of tn
state, then the court shall refuse to graz
the permit. The proceedings on the hearin
shall be governed by the same rules as al
prescribed for ordinary actions.
e. Co.. Fr,~ 81
or for the manufacture and sale, of spiri
uous, malt, fermented and yinous liquor
nnder the provisions of this act, shall not /
Aess than $500 per annum, and such add
tional sum shall be fixed by the munic
pality in which such sale or manufactul
and sale is to take place. In cities and il
corporated towns the additional amour
of the fee shall be fixed by the city
town council, and in the territory of II
county outside of cities and incorpo
ated towns by the boards of supervisor
The city council or town council, or boar
OF supervisors, as the case may be, sha
certify to the clerk of the district court
and for the county the additional amour
of the fee fixed by either. The entire 4
shall be paid into the county treasury al
$500 thereof shall GO into the county fun
and all in excess of $500 shall be paid ov
to the treasurer of the CITY, incorporat,
town or township wherein the business is
be carried on. All permits granted und
the provisions of this act shall be issued
the clerk of the district court; but no pc
init shall be issued until the receipt of d
county treasurer for the full amount of Il
fee therefor has been filed with such cler
Sec. Z. II the court shall order permit
be issued to such petitioner, then the Gle
OF the court shall issue to the petitioner, U
der the seal of the court permit in
following form
!, In the district court of the state of low
= In and for ........ county, ........ term.
In the matter of the application of.
= for permit to manufacture (or manufactu
and sell, as the case may be,) spirituol
malt fermented and vinous liquors at.
-. in. q county, state of Iowa.
Now On this day, to-wit: the ID
of. 1914. D., 49,, said matter conf
on for hearing upon the petition, notice a
proofs adduced, the court finds ii
said. has complied with the requi
ments of the statute in such case made q
provided; and further finds that said
| ...... is a proper and competent person
receive a permit. II is therefore order
by the court that permit be issued to So