The Somerset reporter., 1905-03-23
The Sturgis BIZ.


be from the dominant political party and 9ne
from the political party casting the ne2t tigh-
est vote at the last state election.
Each member Of said commission shall
be paid salary d fifteen hundred dollars per
year and actual expenses.
The salary shall be payable in four quarter
ly payments on the hrst DAYS Of January,
April, July and October.
Said commissioners shall BE provided With
an Office at the State capitol, with suitable
furniture, stationery and other necessary IA
cilities for transacting the business Of the
commission, and may employ clefk at the
expense Of the State.
Section 2. Said commissioners shall be
known as the enforcement commissioners and
with the advice and under the direction of
the governor shall have, and are hereby au
thorled to exercise in any part Of the state,
all the common law and statutory powers II
sherfts in their respective counties IN the en-
iorcement Of the law against the manufacture
and sale Of intoxicating liquors.
Section ). sand commission shall appoint
such number II deputy enforcement com
mssioners as in its Judgment may be neees-
sary, who shall have the same powers as are
given said commissioners under the preeed-
my section. Such deputies shall be appoint
ed in writing signed by majority Of said
commissioners, which appointment shall be
recorded in the oice Of said commission, and
shall Immediately surrender their certificate
Of appointment and all papers and other
property relating 10 their Office.
Section 4. Said commissioners and depu-
ties shall be sworn and give bonds to the
State for the faithful discharge Of their duties,
the commissioners in the sum Of tive thousand
dollars, and the deputies in the sum Of
twenty FIVE hundred dollars.
Any party injured by the official misdoing
Of any deputy having first obtained judg
ment against him and tailed to satisfy the ex.
ecution issued thereon on demand, may at
his own expense, in the name Of the comm,-
sioners, for the time being, institute suit up
on such bond in the county in which such
deputy resides, for the purpose Of collecting
such Judgment The name Of the party for
whose benefit the suit is brought shall be
stated in the declaration and endorsed IN the
writ and such party shall alone be liable ior
costs unless the court for good cause shown
shall require other endorscrs.
Section s. 1t shall be the duty Of said
deputy enforcement commissioners to exer-
else all the powers herein conferred when,
where and as directed by said commission,
and for their services they shall be paid three
dollars per day and the actual expenses occa-
stoned by the performance OF such duty, and
shall, at such time as may be fixed by the
commission, present their accounts for APP
proval and after approval the governor and
council shall draw their warrant against any
moneys in the treasury not otherwise appro-
priated, in payment thereof.
Section 3. There shall be taxed for said
commissioners and deputies in the bills Of
costs the same fees as shertts and witnesses
have been heretofore entitled to receive,
which shall be paid directly to the State treas
ury.
Section = The said commission, upon be-
ing satisfied that the local authorities fail to
enforce the law against the manufacture and
sale OF Intoxicating liquors in any city or town
of the State, shall, subject to the limitations
OF Section two instruct the deputy commits
sioners in the county, and may send one or
more deputy commissioners from some other
! section Of the State to enforce said law.
Section 8. The governor may, after notice
to and an opportunity Tor the attorney for the
State for any county 10 show cause why the
same should not be done, create to continue
during his pleasure, the office Of special at
torney for the State IN such county and APP
point an attorney To perform the duties there
Of. Such appointee shall, under the direction
Of the governor, have and exercise the same
powers now vested in the attorney for the
State for such county in all prosecutions re-
lating To the law against the manufacture and
sale of intoxicating liquors and shall have
/ full charge and control thereof; he shall re.
ceive such reasonable compensation for SER
vices rendered in vacation and term time as
. the Justice presiding at each criminal term in
/ the county shall liX to be allowed IN the bill
Of costs for that term and paid 10y the county
Section Q. All fines collected by prosecu-
tions undertaken by said commission or It's
deputies shall be divided equally between the
State and the county in which the ptosecu-
ton is had, except during the time when q
special attorney is appointed to perform the
duties Of the attorney for the state for said
county, in which event all tines collected or
prosecutions instituted during such term by
SAID commission OF its deputies or by sat
special attorney, and half Of all other fines il
all cases in which such attorney shall take
part, shall be paid to the state. Each clerk
Of the court shall, within thirty days after the
adjournment Of each criminal term, certify tt
said commission list Of all hnes collected il
his county since his last return, which list
shall show the origin Of the case in which
they were collected, and SO far as exhibited
by the papers or records, the connection Of
any of the special officials herein provided tor
herewith, said commission shall determine
what moneys are due from any county 10 the
] i tba -
sum shall be paid by the county treasurer t,
| the treasurer OF the state within thirty lay'
after said commission shall notify the county
commissioners Of any county Of lis determine
alton.
/ Section 10. Nothing in this act shall in any
way relieve the sherifis or the municipal Oft
= GERS of cities and towns, or except when suli
special attorney has been appointed, the at
! torney for the State for the county, OF th,
duties devolving upon them tot the enforce
ment OF the law against the manufacture an.
1 sale Of Intoxicating liquors. and all hncs col
/ leotcd by the prosecutions instituted by them
except those in which such special attorney
shall take part, shall be paid entirely 10 th'
county wherein the conviction is secured.
section IL. Whenever, in the iudgmen
Of the governor, either Of said commissioner
IS negligent in the performance Of his duty
it shall be the duty Of the governor, and he il
hereby authorized 10 remove said commits
sloner from office.
section IL Whenever, in the udgmeu
of the governor, the commission is no longe
necessary he is hereby authorized 10 remoy,
from office all members of said commission
and the commission shall be thereby sus.
pended, until such time as he deems It's ser
/ vices are again required.
i Section ~ This act shall take effect Rhei
/ apprONcA