The comet. (Johnson City, Tenn.) 1884-1916, 1903-01-29
The Adams Law.

Inc passage OF the Adams-J ohnson
bill makes it possible for every munic-
ipality in the state except eight to take
advantage Of the provisions of the four
mile law, There has been much mis-
apprehension on the subject, and the
following explanation is necessary to
understand the operation of the law.
The following is the full text of the
four-mile law with its latest amend
ments Incorporated:
cit shall not be lowful for any person
to sell or tipple any Intoxicating liquors
including wine, ale and beer, as a bev-
erage, within four miles of any school
house, public or private, where a school
is kept, whether the school be then in
session or not, in this state; and any
one violating the provisions of this Sec
ton shall be guilty of misdemeanor,
and, uRon conviction, shall be punish
ed by fine, for each offense, of not
less than $40, nor more than 800, and
Imprisonment for period of not more
than six months, at the discretion of
the court.
"This article shall not apply to the
sale of such liquors within the limits of
any incorporated town, except towns
hereafter incorporated with a popula-
ton of not more than 5000 inhabitants
by the federal census of 1890, or any
other subsequent federal census, nor to
sales made by persons having licenses
to make the same at the date of the
passage of this act, during the time for
which such licenses were granted, nor
to sales by manufacturers ofsuch liquors
in wholesale packages or quantities.
1t will first be seen that q surrender
of the present charter of incorporation
is necessary for this law to take effect
in town. 1t is presumed that all such
towns will desire to be reincorporated
In case of the observance of any of the
following methods of change, the four
mile law will hereafter take effect and
operate in all the town OF 5000 inhabi-
tants or under by the census Of 1890 or
: by any subsequent federal census.
( First, charter may be surrendered
and the town reincorporated by act Of
> Legislature, and this can be done if the
representatives and senators of such
: town present a bill for such purpose
\ even without formal vote of the peo-
: pie.
n If that town is incorporated under
g special charter, it can change to incor'
a poration under sections 1S91-1947 Of
II Shsnnon's code, which constitute Q
v general form of incorporation. This is
o done by majority vote of the citizens
v in an election duly called by the cleo.
q ton commissioners upon request of the
=. municipal authorities. The supreme
e court has recently held that this is 8
4 complete incorporation and that the
, four-mile law would apply. If it should
,f be desired to abolish the charter of the
l.. town, whether it is general or special
10 it can be done by a majority vote o.
# those voting in an election held by thu
n election commissioners upon petition
of fifty or more householders or free
l. holders of the town. (See chapter 1865
! acts of 1901
N If at any time it should be desired tt
"a reicorporate the method is fully Sc
,e forth in sections 1SSl-19O2 of Shannon
az code. This incorporation will require
is two-thirds vote of all the citizens il
in the territory to be incorporated.
ID If the town is taxing district, it Cal
G. be abolished by the presentation to tn
e. commissioners of the taxing district 0
o. o petition signed by two-thirds of al
n the citizens thereof, asking that the
20 resign. Whereupon they must resigl
10 and the taxing district ceases to exist
q The town can then incorporate as pre-
vided in sections 18S1-19O2 of Shan
o. mons code.
I'd No change of incorporation or abol
H. ishment of charter can affect the va
= lidity of any debt of municipality, bu
remains a charge upon all the propert
within the former limits of the town
"a This is thoroughly settled by statute
~ and by decision of the supreme court
- Chattanooga Times.