The Mitchell capital. (Mitchell, Dakota [S.D.]) 1879-1918, 1908-10-09

Sec. 1. That the following act be
and the same is hereby enacted and
at the next general election for their
approval.
An act to amend chapter one hun
dred siSty1siN ll66o of the Session
section 1856 of the Reviseu Political
Code 1903. being section % of chapter
q. Of Session Laws of the State of
to provide for the licensing, restrict
ing and regulation of the business of
the manufacture and sale of spirituous
and Intoxicating liquors.
BE it Enacted by the people of South
Dakota:
Sec. /. That section one % of chap
ter one hundred siNty-siN Q66) of the
kota for 1909 be and the same is here
by amended so as to read as follows:
(Chapter 1855, Session Laws 1902
At the annual municipal election held
in amy township, town or city in this
state for general municipal purposes,
the question of granting permits to
sell Intoxicating. liquors within the cor
porate limits of such township, town
or city shall be submitted to the legal
voters thereof upon petition signed by
Twenty-Five (25) legal freeholder voters
filed with the clerk or auditor of such
township, town or city thirty days be-
fore election. Which petition shall
state that a vote is desired upon such
question. The question shall be sub
mitted upon "a separate ballot conform
ing with the general election laws of
shall be printed the words: shall
permits be granted to sell intoxicating
%ligaors?' before whiea words there
NO" and any voter in of the sale
OF such liquors shall mark the word
"Yes' with a cross tA), ana any voter
word No" With Il cross lN) and if Il
majority of the voters of such town
ship, town or city shall vote in favor
of such sale of intoxicating liquors the
mits for such sale for the ensuing
year, commencing on the first day of
provisions of this act, but if a majority
of the voters shall not Vote in favor of
such sale no permits shall be granted.
Provided; h9weyer, that at any
as provided for in section 1864 of the
Revised Political Code of 1908. the
question of whether permits to sell in,
within the corporate limits of any or
sanized county. may submitted to
the legal voters thereof upon a petition
signed by not less than ten per cent of
the qualified electors of such unit
said petition shall be filed with the
county auditor al least sixty days be-
county vote is desired upon the ques-
tom: Shall Intoxicating. liquors be
county, County," And also that the
signers of san. 9%etition are legal vot-
ers of the count together With their
occupation and post office addresses. 1t
shall be the duty of the ounty COM
m~iSSioners OF the county wherein such
petition has been filed to determine the
5Uiticiency of such petition and if
taken Npon such question. Notice of
such Vote shal be given i'll the same
manner and iorn1 as notice. of general
elections as now provided for by law.
The question shall be submitted upon d
separate ballot and said election shall
be conducted in the same manner and
the same is llereinbefore provided for
The submission of said question to the
electors of a townsflp. town or city
and under the general election laws
of the state except as herein otherwise
provided. If "a majority of the votes
cast upon said question at said cleo
icating liquors in such county 40 per-
lnits for the sale of the same shall be
granted anywhere within such county,
nor in any township. town or city
j July next following such election. If a
majority Of the votes cast upon said
of Intoxicating liquors within such
county, then and in that case nothing
in this act shall be SO construed as to
prevent aid question of selling intoNi-
eating liquors from being submitted to
the electors of any township. town or
city at the annua municipal election
Ilt 1 SS ilcIelilDGlOIeh. pIONlQcu. LOT
the next ensuing two years; and an
nual permits may be granted in those
townships, towns and cities that shall
cast a majority vote in favor thereof
nj the regular annual municipal elcc-
items. But 1t shall not be awful to
grant permits. in any other township.
town or city in such county nor shall
any such permits be granted after the
expiration of two years unless at the
next general election 4 vote shall nave
been had i'm accordance with the pro-
VISIONS OF 1lllS act and n ma jnrjtN- of
the votes cast upon such question shah
have been in favor of granting such
permits.
Provided further that at any time
before the general election to be held
H. the year 1910 said question of SELL
me- lntoSieating liquors may be sub
ton called for that purpose when a
petition signed by at least twenty Der
cent of the qualified electors of said
county sh1ll be filed with the county
auditor. Said election shall be conduct
ed in manner and form as near as may
be as the same is h~erSinbefore provid-
to the electors of any county at any
general election. Ii Il majority OF the
votes y cast at such SPECIAL election shall
guors within such county 10 permits
for such sale shall be grantvd in such
county nor in any precinct. township,
first day Of July next. follow ing said
election. If a majority of the votes cast
at such special election shall, be in fa-
Nor of the sale of intoxicating liquors
within. such county, it shall be lawful
until the next general election to grant
permits for the sale of Intoxicating il
quors only in those precincts. town
ships, towns or cities mat shall cast a
majority vote in favor thereof at their
regular annual municipal elections .s
provided in this act.
L Sec. .. In determining whether sueG
petition asking. for a county vote on
the question of granting permits for
the sale of intoxicating liquors in any
county. contains the requisite per CEN
tage of legal voters AS sigEers said
per centage shall be based upon the to-
tai vote for governor at the last pre-
feeding general election.
Sec. 8. Nothing in this act shall be
SO construed as to prohibit the sale by
qualitied pharmacists as now designat-
ed by law, of pure alcohol for scientitic
and manufacturing purposes, or wine
to church officials FOR sacramental pur
poses, nor alcoholic stimulants as medi-
cine in cases of actual sickness. but
such stimulants shall be sold only upon
the written prescription of a regular
FFacticing physician dated and signed
by him, and certified, on his honor
that he. the physician. has personally
examined the applicant aiming him
and that he finds him actually sick and
In need of the stimulant prescribed as
medicine: provided. that n phyc;o3a,