The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1907-03-25


er municipal corporations in such coun-
ties shall have authority to buy and sell
spirituous. vinous or malt liquors.; to
provide that the voters at said election
shall vote For Dispensary" or
Against Dispensary;" to declare the re-
suit and effect of said election; to de-
fine the term "Dispensary," as used in
this act; to provide that in those coun-
ties in which, at the election aforesaid,
a majority of the votes are cast For
Dispensary," the municipal corporations
in said counties shall have authority to
establish maintain and operate dispen-
saries, and in and through such dlspen-
sares to buy and sell spirituous, vim
Gus and malt liquors; to prohibit and
punish the selling of liquors and intox-
icating drinks In said counties in any
other way than by such municipal cor
porations through their dispensaries; to
declare that the violation of certain
provisions of this act shall be a mis-
demeanor and to provide for the pun
ishment thereof; and to further regu-
late the sale of liquors in said coun-
ties; this act not being intended, how
ever, to repeal or affect any law which
prohibits the sale of liquor In any coun-
ty or part of a county, or to repeal or
affect any law which authorizes munich
pal corporations to buy and sell liquors
in any county or part of a county by
and through dispensaries, or to repeal
any local law authorizing the sale,
without license of wines made from
grapes or berries grown in this State.
Be it enacted by the Legislature of
Alabama as follows, to-wit:
Section 1. One-fifth of the qualified vot
ers of any county, as shown by the last
preceding registration may file with the
probate judge of their county a petition
asking that an election be held in said
county as to whether dispensaries shall
be established in such county. Fifteen
days after the filing of such petition the
probate judge shall order an election
to be held in said county on some Tues
day that shall not be less than forty nor
more than sixty days subsequent to the
day on which such order is made, nor
within thirty days of the time of holding
in said county any State or national, gen.
eral or primary election. The probate
judge shall furnish the sheriff with copy
of said order and the sheriff shall give
notice of said election by publication for
twenty days in some newspaper of his
county; or, If no newspaper is published
in such county, by posting notices of
such election in several public places
in said county.
Sec .. 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 inspec-
tors or managers. two clerks and one re-
turning officer for each precinct, polling
or voting place in said county to manage,
conduct and make the returns of such
election. Such managers and clerks so
appointed shall as far as practicable be
equally divided between those who favor
and those who oppose the establishment
of dispensaries in such county for the
sale of liquor. If county executive COM
mittees have been elected or appointed to
conduct the canvass on either side, and
If before the appointment of inspectors
and clerks the chairman OF any such COM
mittee furnishes the probate judge, clerk
of the circuit court, and sheriff of his
county which said three officers shall
he a board of supervisors. with list con-
tanning as far as practicable the names of
three men for each precinct in said coun-
ty, all of said men having the qualifi-
cations required by law of inspectors of
elections. then from said list the board of
supervisors shall select for each precinct
one man who shall be one of the man
ayers for the precinct for which he was
one of the men suggested From the
names suggested for the several precincts
such board shall select one man as
clerk for the precinct for which he was
suggested.
Sec. 8. AS soon as practicable after the
appointment of such managers, clerks
and returning officers for said election,
the sheriff notify them in writing
of their appointment.
Sec 4.--The probate judge shall pre-
pare and provide the necessary ballots.
poll lists, tally sheets, return sheets, in
structions for holding the election, ballot
boxes voting booths, and other stationery
or material necessary for the proper hold
ing OIL Iut tltCllouf anu IL Shoii 10 ti+S
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 election. On the bal
lots to be used at said election shall be
written or printed the words, For Dis
pensary," and under them the words,
Against Dlspensary." Electors who ia
vor the dispensary system for the sale
of liquors as hereinafter set forth shall
make on the ballot a cross mark before
the words, For Dispensary," and cleo
tors who oppose such system shall make
on the ballot a cross mark before the
words, Against Dispensary." But
no ballot or vote shall be rejected or the
count thereof refused for failure to COM
ply with this section, il the ballot clearly
shows or indicates the choice of the
voter. Any person who sells or gives
away in any county in which said cleo
ton is held any liquors or intoxicating
drinks of any kind or description on the
day ON which the aforesaid election is
held, or on the day next preceding, shall
be guilty of misdemeanor, and, on con-
yiction, shall be fined not less than ten
nor more than one hundred dollars.
Sec. 5. Immediately after the polls are
closed, the managers shall duly ascertain
the result of the election at their respect
i've 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, tally sheets