Sistersville daily oil review. [volume] (Sistersville, W. Va.) 1902-1905, 1904-08-16

4
Sunday" This is a very great
Improvement over the statute as
it existed, but the limitation of its
operation to section l of the
chapter is to enact that one who
sells without a license shall not
be granted a license! Usually he
does not want one.
Checks Sunday Selling.
However. the new law provides
that license cannot be issued to
applicants who may hereafter be
convicted of selling intoxicating
liquor on Sunday. This will 60
large way towards closing Sunday
saloons in the State.
Another enactment related to
section Is of the chapter, so that
every person would not only be
forbidden to sell or give liquors to
minors, intoxicated persons, ETC.,
but also forbidden to deliver IL
quors to such persons, and added
to the prohibited classes "any fe-
male persons. This amendment
also eliminated the question of
knowledge on the part Of the sell
er, so that he would be liable if he
sold to minor or any one of the
other prohibited classes, whether
he knew or did not know the fact.
This failed altogether of being
adopted by the caucus.
I also offered an amendment to
, SEXTON %, requiring the dealer to
give bond that he would not sell
or furnish liquors to any person
who was intoxicated at the time
or who was in the habit of becOm-
ing intoxicated, or under the age
Of 81 years, emitting altogether
any question of his knowledge or
want of knowledge. But this fail
ed.
To section %, which is the sec
ton referring to search warrants,
| offered amendments providing
for the seizure of all Intoxicating
liquors and fixtures found in the
place searched; that the finding of
such liquors shall be prima facie
evidence Of the unlawful sale of
the same, and that upon cOnvic-
ton the liquors shall be destroyed
and the fixtures sold for the bene-
fit of the county where the prose-
cution is had. This was adopted
in whole by the caucus and passed
both bodies.
In this section. as it originally
stood, the justice was given per-
mission to require of the person
arrested a bond in the sum of
$500, conditioned that he would
not, during the time between the
date of the bond and the adjourn
ment of the next grand jury, vio-
late any Of the provisions Of the
liquor law. In practice it was
found that the justice very rarely
required this bond, and so | ask
ed the Legislature to make it OBJ
ligatory upon the justice; and this
also was done.
Taking this section % in con-
nection with section q, I think
we have now one of the best
"Blind Tiger" laws of any State
in the Union; and | earnestly rec
ommend to the temperance people
throughout the State that they
avail themselves of the provisions
of these two sections.
Section Is of chapter 80. pro-
vides that any place where liquors
are sold unlawfully may be abated
as a nuisance upon a petition filed
by any citizen, "upon conviction
of the owner or keeper thereof. "
This latter clause, which has long
been a stumbling block, we Sue
ceed in striking out. Now, the
court tries the question as to
whether the place is used for the
unlawful sale of liquor, without
the intervention of a jury. No in
dictment nor any county prOsecu-
tor is necessary. but any citizen
can file his petition in injunction
and have the place shut up if he
can satisfy the court it is unlaw-
fully used. This can be made of
great use.