Bismarck weekly tribune. [volume] (Bismarck, Dakota [N.D.]) 1884-1943, 1893-01-27
LOCAL OPTION.

clause in the consti:ution-on the as
sumption that the expunging process
adopted by the last legislature did not
expunge-Senator Miller has introduced
a very complete and conservative local
option bill-to take effect, of course, IN
case the resubmission bill passes and
the election results in the repeal of the
prohibition article. The following are
the provisions of the bill:
The first section provides for a special
election to be called by the county COM
mlssioners upon presentation of a petit
ton signed by one-ffth of the qualified
electors of the county, at which election
a vote shall be taken on tue question
whether permits may be granted for the
sale or manufacture of intoxicants in
that county. The election not to be
held within one month before or after
any general or special election, the bal
lots to bear the words "for permits and
against permits" and no other question
to be voted on No election for the same
purpose to be held within two years
from the first. Provision is made for
notice of the election, and the duties of
commissioners in relation thereto.
Section 2 provides that the penalty
for falsely aftixing the name of any per-
SOL to such a petition shall be the same
as for perjury.
Section 3. Permits may be granted
when the majority of votes cast are in
favor thereof; provided, that no permits
shall be granted in any township or
ward in which the majority of votes
were against permits.
Section 4. The application for per-
mits shall set forth by petition to the
district court, that the applicant is a re-
spectacle resident of the state and de-
scribing the premises in which the bust
ness is to be carried on. 1t shall also be
signed by the owner of such premises.
Section 5 requires publication of no
tice of application in n or two news-
papers in the county, two weeks before
action is taken on the application, and
provides that the court shall refuse the
permit if objection is made in writing
and proof furnished that the applicant is
not a suitable person from having been
guilty of violation of this law within one
year, or otherwise is of bad character,
"a hearing to be had on this point.
Section 6. The fee for permit shall be
not less than $500 per annum. together
with such sum as the municipality where
the business is to be located shall fix,
the entire fee to be paid into the
county treasury one year in advance.
Section Z sets forth the form of per-
nit to be issued, for sale only, in SUBJ
stance as follows: Naming the applicant,
date and location, and finding the provi-
sion of law complied with, the court or.
ders permit to be issued under express
conditions:
First. That the applicant shall not sell
or give away intoxicants to an habitual
drunkard.
Second. Or to a person in a state of
i~ntoxication.
Third. Or to any minor.
Fourth. He shall close his place at II
p. NJ, and keep it closed until 6 a. m.
Fifth. Also on all public election days,
and shall not allow liquors to be removed
during election hours.
Sixth. The business to be carried on
in a single room fronting on public
street.
Seventh. No game to be permitted on
the premises and no adjoining room to
be supplied with liquors therefrom.
Eighth. Must maintain an orderly,
respectable place.
Ninth. Payment of annual fee).
Tenth. Must post copy of permit on
the premises.
Section 8 requires applicant to give
bond in $1,000, with two sureties, who
may not become such on any other.
Section 9. No permit to be grated
for premises within 800 feet of church or
school in city or town, or half a mile OF
same in the country.
Section 10. Punishment for breach
of conditions, fine $25 to 800, or i'm.
prisonment not exceeding 30 days, OF
both, and for second %offense, fine, $50 to
5000; in each case forfeiture of permit.
Section II. Forbidding obstruction
of doors or windows by painting screens
or otherwise, and making such obstruc-
ton punishable as in section 10.
Section II. For sale on election day
fine of s25 to 500 or imprisonment 30 to
60 days, and for second offense same
penalties and forfeiture of permit.
Section ID. Penalty for adulteration
of liquors sold, fine Of 800 to $1,000 for
each o%ffense, chemical analysis to be
competent evidence in prosecution.
Section IA. Any person injured by
an intoxicated person shall have action
against person causing such intoxica-
ton, for actual and exemplary damages,
suits therefor to be by civil action.
Section Is. Municipal officers of To-