The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1895-03-07
SENATE WILL PASS IT
NICHOLSON BILL RECOMMENDED HI
SENATE COMMITTEE.
Local Option Feature Stricken Out,
but Otherwise IL II Only
Slightly Changed.

terday afternoon. at half-past o'clock. The
committee reported that 1t had amended the
bill and recommended that as amended the
bill should pass,
Senator Shivcley moved that the report
and the bill with amendments be printed
and laid upon the desks of the Senators.
and that it be made the special order upon.
the converting of the Senate this morning.
In making this motion Senator Shiveley
said that he was in favor of the bill. buzz
that he did not believe that any one UNDER
stood the purport of the amendments. His
motion was not for the PURPOSE of delay.
but for tho better understanding of the bill.
The motion prevailed and the Nicholson
bill will come UP this morning.
The purport OF the amendments-.is 10 per-
NIT the conduct of other business in con-
nection with the saloon business If the
commissioners granting IN. .isease are will
ing to permit it. 1t provides that a license
may be revoked on the second conviction.
and that 1t shall be revoked Oh the third
offense; that justices of the peace and police
judges shall not have the right to revoke
licenses, but that that authority shall be
lodged with Circuit, Criminal and Superior
judges. 1t also provides Cor the striking
out of Section Q, tire local option clause.
The bill, after changes recommended by
the Senate committee have been made, is as
follows
An act to better regulate and restrict the
sale or Intoxicating, spirituous, vlnous and
malt liquors and providing penaltIes for
violation of the same.
Assembly of the State of Indiana, That
hereafter all persons applying for license
before the Board of County Commissioners
nrder the existing law of the State of In
diana, TO sell splrtuous, vinous, malt or
o.asi iiitoAieatins iiquors, snail, in such
application specifically describe the room
in which he desires TO sell such liquors.
and the exact location OF the same, and il
there is more than one room in the build
ing in which such liquors are intended to
be sold said applicant snail specifically de-
SCRIBE and locate the room In which liz
ing.
Sec 2; All persons holding license issued
under the law of the State OF Indiana au-
thorizing the sale of spirituoNs yinous.
malt or other Intoxicating liquors ia less
QUANTITIES 1raY,ts f than ,ha quart at lime shall
room separate from any other businefS OF
any kind and no devices for amusement
partjti Hs OF a ANY , E,da ss
in such room. And, provided. further,
IN tnat arr sucn a APP o;bsr ~ dfersr
ness he shall state the same in his ap-
plication for license and the same may be
missioners hearing such application and
such permission shall be stated In the IL
Sec. 8. Any room where sprituous vim
Gus, malt or other intoxicating liquors are
sold by virtue of license under the law
ranged that the same shall be securely closed
and locked and admission thereto prevented
upon all days and hours upon which the
sale of such liquors are prohibited by law.
l.. is hereby made unlawful for the pro-
rrietor of such place and the business
herein contemplated of selling intoxicating
LIQUORS to permit any person or persons
other than himself and family to go into
such room and place where Intoxicating
liquors are sold upon such days and hours
M ss by the sale Of zach zach y psh
persons are permitted to be in or go In or
out of such room upon any day or hour
when the sales of such liquors are prohb-
tied by law shall be prima facie evidence
OF guilt upon the trial of cause charg-
ing the proprietor Of such room with vio-
upon such days or hours.
Sec 4 Any Any room where Intoxicating si liz
under the law of the State OF Indiana for
the sale of spirituous, vinous, malt or other
than a quart at time, with permission TO
drink the same upon the premises shall
be situated upon The ground floor or base
ment of the building where the same are
sold and in a room fronting the street
or highway upon which said building is
ranged, either with window or glass door,
as that the whole of said room may be In
blinds screens or distractions TO the view
shall be arranged, erected or placed so as
to prevent the entire view of said room
same is situated. during such days and
hours when the sales of such liquors arc
Violation Of this or either Of the foregoins
sections Of this act the defendant shall be
lined IN any ssc sum not, not less than SV nor
prisonment in the county jail not exceeding
ninety days, and. in case OF conviction
for the second offense either upon a plese
OF guilty or conviction upon trial thereof,
in any Circuit, Superior or Criminal Court
|. of Indiana. as q part OF the Judgment the
rf rnaV r1uk la m ,r6n PAY I'M hn
license of the person convicted, which said
judgments shall have The effect to complete
ly annul and set aside such license and all
privileges and rights under the same. And
upon the third conviction or plea of guilty
thereon sha annu and set aside SUCH l.
cense and all privileges and rights under
the same
Sec. s. Any person engaged In the sale
of spirtuous, vinous, malt or any other In
toxicating liquors to be drunk bevcr-
age. who shall allow. suffer or permit any
person under the age OF twenty-one years
to loiter in the saloon or place of business
where said person is engaged in the sale or
spirituous, vinous- malt or other intoxicat-
ing liquors as aforesaid, shall, upon con-
vIction thereof be fined in any sum not
less than $40 nor more than 500, to which
Imprisonment in the county jail may be
added not exceeding ninety days.
Sec. 6. Whoever, directly or indirectly.
malt or other intoxicating liquors to any
person under the age of twenty-one years.
either for his own use or for the use OF
any other person whomsoever, shall be
fined in any sum not more than sloo nor less
than so. TO which may be added rnpris-
onment in the county Jail not exceeding
ninety days.
Sec. Z. II is hereby made the duty OF
all peace ~officers. to wit: Town ana city
rnarshaIs policemen. sherifs and coitsta-
4 bles. residing in the township town or
C. which any saloon may be hereafter
to enforce the provisions OF this
s. No more than one license shall
To- grarltcd or issued to any one person ana
in no case to any person other than the
actual owner and proprietor Of said bus
mess who must apply IN bis own name
and be q continuous resident OF the town
Shit, in which the application for license =
made at least ninety days time prior 70
the time of application and no license
shall be granted or issued to any person
who. in his application for the sane. IS
acting as the agent for another or who
nroposes 10 conduct said business as the
agent or partner OF another person. Pro-
vided that ia case Of the insanity or death
Of the person holding "a license under the
provisions Of the law now n force. before
The expiration OF the year Tor which the
same MAS granted. the county or cieF treas
luer shall the order OF the board of
commissioners of the county or the coun-
ell OF such city, refund to the guardian
OF such insane person. the heirs, executors
or administrators of said decedent or M
sane person the pr0pOrtOnate part OF the