The Greenville journal. [volume] (Greenville, Ohio) 1850-1918, 1908-03-05
COUNTY OPTION
BILL IS PASSED
BY OHIO HOUSE OF REPRESENTA-
TIVEs-7s TO SO.
WITHOUT ANY AMENDMENT.
The Bill Now Goes to Gov. Harris for
His Approval - Will Become
Operative on Septem-
Der I, 1903,

lows:
Be it Enacted by the General Assem-
bly, of the State of Ohio:
Section J. That whenever 35 per
cent of the qualified electors of any
county shall petition the commission
ers or any common pleas judge of
such county for the privilege to de-
termine by ballot whether the sale of
Intoxicating liquors as a beverage
shall be prohibited within the limits
of such county, such commissioners
or common pleas Judge shall order
a special election to be held in not
less than 20 nor more than 80 days
from the filing of such petition with
the commissioners or common pleas
Judge or from the presentation of such
petition to said commissioners or
common pleas judge, which said Pc
tition shall he filed as a public docu-
ment with the clerk of the common
pleas court and preserved for refer
ence and inspection and such election
shall be held at the usual place or
places for holding regular elections,
and notice shall be given and the cleo
ton conducted in all respects as pro-
vided by law for the election of coun-
ty officers so far as said law may be
applicable. The result of such elec-
tion shall forthwith be entered upon
the record of the proceedings of the
commissioners, and with the clerk of
the common pleas court, and in all
trials for violation of this act, the
original entry of the record, or copy
thereof certified by the clerk of the
county common pleas court or any
commissioner provided that said rec
ord shows that majority of the votes
cast at said election was against the
sale of intoxicating liquors as bev-
erage. shall be prima facie evidence
that the selling, furnishing or giving
away of Intoxicating liquors as bev-
erage or the keeping of a place where
such liquors are sold, kept for sale,
given away or furnished, if such sell
ing, furnishing or giving away or
keeping of such place occurred after
80 days from the day of holding the
election, was then and there prohib-
tied and unlawful.
Section 2. The ballots at any
special election held under the pro-
visions of this act, shall be printed
with an affirmative and negative
statement, to-wit: "The sale of in
toXicsting liquors as a beverage shall
be prohibited" "The sale of intoXi-
eating liquors as beverage shall not
be prohibited" with a blank space on
the left side of each statement in
which to give each elector an oppor-
tunity to clearly designate his choice
by a cross mark as follows:
...... The sale of Intoxicating liquors
as a beverage shall be prohibited.
.... The sale of Intoxicating liquors
as a beverage shall not be prohibited.
And if Il majority of the votes cast
at such election shall be in favor of
prohibiting the sale of intoxicating
liquors as q beverage, then from and
after 80 days from the date of holding
said election it shall be unlawful for
any person, personally or by &gent,
within the limits of such county to
sell, furnish or give away intoXicat-
ing liquors to be used as a beverage,
or to keep a place where such liquors
are kept for sale, given away or fur
nished for beverage purposes and
whoever from and after the 80 days
aforesaid violates any of the provi-
sions of this act or in any manner di-
rectly or indirectly, sells, furnishes,
or gives away or otherwise deals in
any Intoxicating liquors as bever-
age, or keeps or uses a place, struc-
ture or vehicle, either permanent or
transient for such selling, furnishing
or giving away or in which or from
which Intoxicating liquors are sold
given away or furnished or otherwise
dealt in as aforesaid, shall be guilty
of a misdemeanor and shall on con.
Viction thereof be fined not more
than 200 dollars nor less than SO dol.
lars for the first offense, and shall
for any subsequent offense be fined
not more than 500 dollars nor less
than 200 dollars and the court on con.
viction for a second or subsequent
offense shall order the place where
such liquor is sold, furnished or given
away for beverage purposes, to be
abated as a nuisance or shall order
the person convicted for such subse.
quent offense to give bond payable to
the state of Ohio in the sum of 1000
dollars with sureties to the accept.
ance of the court that such person
will not sell, furnish or give away
any Intoxicating liquor as a beverage
In said county in violation of law.
Section 8. The phrase "intoxicat
ing liquor" as used in this act shall
be construed to mean any distilled
malt, Yinous or any intoxicating liquor
whatever
But nothing in this act shall be
construed to prevent the selling of in
toxiCating liquors at retail by reg
ular druggist for exclusively known
medicinal, pharmaceutical, scientific
mechanical or sacramental purposes
and when sold for medicinal purposes
it shall be sold only in good faith up
on a written prescription, signed and
dated in good faith by reputable
physician in active practice and the
prescription used but once. The words
"'giying away" where they occur in
this act shall not apply to the giving
away of intoxicating liquors by per
son In his private dwelling unless such
private dwelling is place of public
resort.
Section A. When any person, com
pany or corporation has discontinued
such traffic in accordance with the
provisions of this act, within the time
specified by Section of this act, and
0as paid or is charged upon the ta1
duplicate with an assessment upoI
such traffic, the county auditor, upor
being satisfied of such fact, shall issue
to such person, company or corpora
ton refunding order of an amount
proportfonate with the unexpired time
for which said assessment has beer
paid.
Section S. The petition for an cleo
ton provided for in Sections l and
of this act, shall be deemed sufficient
and the commissioners or judge shall
order such an election when the pc
tition Is signed by as many qualified
electors as shall equal In number 81
per cent of the number Of votes cas-
q. .as1 oo,,ukx, ot the last nrpno.iinS