The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1907-03-11
Frank n. Julian.
Secretary of State.

| OlHcldl.
Frank n. Julian.
| Secretary of State.
No. 149 AN ACT. III. 49,
| ITO prohibit, regulate and restrict the
sale or other disposition of intoxicating
liquors, drinks or beverages within the
State of Alabama by providing for cleo
! lions in the various counties of the
| State to determine whether the sale or
other disposition of such Intoxicating
liquors, drinks or beverages shall be so
| prohibited, regulated and restricted"
Section l. Be it enacted by the Legis-
lature of Alabama: Upon the application
of one-fourth of the qualified voters of
any county in the State of Alabama by
petition in writing, signed by such quail
flied voters, addressed to the probate
judge of such county, he shall, within ten
| days after the presentation of such petit
tion order an election to be held in said
! county within forty days from the pre-
| sentation of said petition, to determine
| whether intoxicating liquors, drinks or
beverages may be sold or otherwise dis
! posed of within the limits of such coun-
| tY: but such election shall not be held
within less than thirty days from the
time it Is ordered nor within thirty days
of the time of holding any county, State
or national general or primary election
| in said county But no election shall be
called or held under the provisions of this
act affecting any dspensary that has al
ready been established before the expira-
! ton of two years from the approval of
this act. And no election shall be called
or held under the provisions of this act in
or for any county in which dispensary
may be established or may be authorized
to be established for the sale of spiritu-
! GUS Vnous or malt liquors, under the
provisions of any act passed by the pres
/ ent session of the Legislature before the
date of the approval of said act.
| Sec. g Notice OF SUCH election shall be
! published for twenty days preceding the
| election in some newspaper publshed IN
| said county, or II there be no newspaper
! published in said county, then by posting
notice thereof for the same period of time
as required for publication in a newspa-
! per- at five or more puzzle places within
| the county. 1t shall be the duty of the
sheriff of such county to provide for the
notice and publication required in this
section.
| Sec. g. The probate Judge. clerk of the
circuit court and sheriff of the county in
! which an election is ordered under this
act shall, within ten days after the cleo
| ton is so ordered appoint three man
ayers and one returning officer for each
precinct, polling or voting place in SAID
| county to manage. conduct and make re-
/ turns for such election; such managers
and returning officers SO appointed shail
! be, as far as 1t is practicable so to do,
! equally divided between those who favor
! prohibition of the sale of intoxicating
| liquors and those who oppose the prohib-
! ton of such SALE and all three OF the
managers in any precinct shall not be APP
| pointed from the same class; that Is,
| those favoring or opposing the prohpltoh
! of the sale of intoxicating liquors. II IL De
...A . or.aey Vows Am
both classes at such precincts. If all the
managers thus appointed for any pre-
cinct do not appear the day of cleo
ton to conduct the election. or If amy
returning officer Is not present to make
his return the manager or managers
so appearing may appoint managers ana
returning officers to fill the places OF
those failing to appear, In accordance
with the provisions of this section, as fal
as practicable All managers and return
ing officers shall be qualified electors
within the precinct polling or voting
place for which they are appointed.
Sec. A. The sheriff shall, as soon as
| practicable after the appointment of the
managers and returning officers foa SAID
election notify them of their appointment
| in writing.
Sec. s. The probate judge shall prepare
or provide the necessary ballots, not less
than double the number of qualified cleo
| tors in each precinct. poll lists, talley
sheets, return sheets and instructions for
holding the election, ballot boxes, voting
booths or other stationery or other ma
terial necessary for the proper holding
| of the election and it shall be the duty
of the sheriff to see that the same are
delivered to one of the managers of each
| election precinct or voting place before
the day of the election.
See. 6. The ballot used in such election
shall have printed or written on the same
Against the sale of Liquors For the
| Sale of Liquors" and the voter in pre-
pairing or casting his ballot shall make a
cross mark before the phrase Against
| the Sale of Liquors or before the phrase
For the Sale of Liquors as the case
may be, indicating his choice or vote
but no ballot or vote shall be rejected or
the count thereof refused for failure to
comply with this section, If the ballot
clearly shows or indicates the choice OF
the voter; provided that in any county
| where liquors are sold only in dlspen-
saries established by law at the time of
the election the form of ballot shall be
Against the Sale of Liquors and For
the Sale of Liquors in Dispensarles.
! See l. Immediately after the polls are
closed the managers shall duly ascertain
the result of the election at their respec-
tive voting places and make due returns
of the same to the probate judge of said
| county, and deliver the ballot box CON-
tanning the returns so made, together
| with the ballots, poll lists talley sheets
and other necessary papers, to the re-
turning officer for such voting place, who
shall deliver the same to the probate
Judge OF such county, at his office, on or
before noon of the second day after the
election.
Sec. s. The probate Judge, sheriff and
circuit clerk SHALL IN open session. five
days after the election, canvass the re-
turns so made and under oath make a
written report declaring the result of the
election as to the entire county, showing
the number of votes cast in said county