The Miller press. [volume] (Miller, S.D.) 190?-current, 1908-10-15

and the same is hereby enacted and
submitted to the electors of this state
at the next general election for their
approval:
An act to amend chapter one humid
red sixty-six (166) Of the Session Laws
of 1903, being an act to amend section
1856 of the Revised Political Code 1908,
being section 90 Of chapter ", of Ses-
sion Laws of the State of South Da-
kota for 1897, entitled: An act to pro-
vide for the licensing, restricting and
regulation of the business of the manu-
facture and sale of spirituous n in
toxicating liquors.
BE it Enacted by the People of South
Dakota:
Section l.. Tha section one % of
chapter one hundred siNty-six (166) Of
the Session Laws of the State of South
Dakota for 1903 be and the same is
hereby amended so as to read as fol-
lows:
Chapter 166, Session laws 1902 At
the annual municipal election held in
any township, town or city in this state
for general municipal purposes, the ques-
ton of granting permits to sell intox-
icating liquors within the corporate
Of such township, town or city
shall be submitted to the legal voters
thereof upon petition signed by twenty
five (25) legal freebooter voters of such
township, town or city, to be filed with
the clerk or auditor of such township,
town or city thirty days before election.
Which petition shall state that a vote
is desired upon "a question. The
question shall be submitted upon a Sc
parate ballot conforming with the gen.
eral election laws Of the state. upon
which ballot there shall be printed the
words: Shall permits be granted to
sell intoxicating liQuOrs?' before which
words there shall be printed the words
Yes and NO" and any voter in
favor of the sale Of such liquors shall
the .trpT1 ''Npg' with = cross IN)
and any voter opposed to such sale shall
mark the word mo with a cross (X),
and if a majority Of the voters Of such
township, town or city shall vote in
Of such sale of intoxicating Ii
the corporate authorities shall
grant permits for such sale for the en-
suing year. commencing on the first
day of July thereafter in accordance
with the provisions Of this act, but
if a majority of the voters shall not
shall be granted.
Provided. however, that at any regu-
lar general election held in this state
as provided for in section 1Sel of the
Revised Political Code of 1903, the ques-
ton of whether permits to sell intOXi-
the corporate limits Of any organized
county, may be submitted to the legal
voters thereof upon a petition signed
by not less gthan ten per cent of the
pualIleu electors OF Sucn county,. Sdlu
petition shall be filed with the county
at least sixty days before the
election and shall state hat a county
vote is desired upon the question: Shall
intoxicating liquors be sold in..........
naming the county, County," And
also that the SigncTS of said petition
are legal voters of the county, together
with their occupation and post office
addresses. 1t shall be the duty of the
county commissioners of the county
wherein such petition has been filed to
determine the suffiCienCy of such petit
ton and if fOund sufficient, to order a
vote to be taken upon such question.
Notice of such vote shall be given in
the same manner and form as notice
of general elections as now provided
for by law. The question shall be
submitted upon a separate ballot and
manner and form as near as may
be applicable, as .the same is hereinbe-
fore provided for the submission of said
question to the electors of n township,
or city and under the general
election laws of the state except as
herein otherwise provided. If a ma
jOrity of the votes cast upon said Ques-
ton at said election shall be against the
sale of intoxicating liquors in such
county no permits for the sale of the
shall he granted anywhere within
such county nCr in any township, town
or city therein from and after the first
day of July neX following such election.
If a majority of the votes cast upon
said question shall be in favor of the
sale of intoxicating liquors within
such county, then and in that case
nothing in this act shall be so con-
strued as to prevent sale question of
selling Intoxicating liquors from being
to the electors of any town
ship, town or city at the annual NUM-
cipal election thereof rs ~hereinbefore
nInNInpnH for tho nnNt nnclinU tuyn
years, and annual permits ma be
in those townships. towns and
cities that shall cast a majority vote
in favor thereof at the regular annual
municipal elections. But it shall not
be lawful 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 I'M
at the next general election q vote
shall have been had in accordance with
the provisions of this act and a ma
jority of the votes cast Upon such
shall have been in favor of
such permits.
Provided TURNER; that at any time
before the general election to be held in
the year 1910 said question of selling
Intoxicating liquors may be submitted
to the electors at a special election
called for that purpose when a petit
ton signed by at least twenty per cent
OF the qualified electors of said county
shall be filed with the county auditor.
Said election shall be conducted in man.
ner and form as near as may be as the
is hereinbefore provided for the
submission of said question to the cleo
tors OF any county at any general cleo
ton. II a majority of the votes cast
at such special election shall be against
the sale of intoxicating liquors within
such county no permits for such sale
shall be granted i'm such county nor In
any precinct, township, town or city
therein from and after the first day
of July next following said election. II
special election shall be I'm favor OF tn.
sale of Intoxicating liquors within such
county. it shall be lawful until the mex
general election to grant permits FOL
the sale of intoxicating liquors only IN
those precincts. townships, towns ant
cities that shall cast a majority vot,
in favor thereof at their regular an.
nual municipal elections as provided II
this act.
Sec. 2. In determining whether sucl
petition asking for a county vote OF
the question of granting permits TO
the sale of intoxicating liquors In an,
county. contains the requisite per cen
tage of legal voters as signers. sal,
per centage shall be based upon the to
tai vote for governor at the last pre-
ceding general election.
Sec. 8. Nothing in this act shall b
so construed as to prohibit the sale b
qualified pharmacists as now desig
mated by law, of pure alcohol for scien
tifc and manufacturing purposes, q
| wines to church officials for sacramen
tai purposes. nor alcoholic stimulant
as medicine in cases of actual sickness
but such stimulants shall be sold onl
upon the written prescription of a reg
ular practicing physician, dated an
signed by him, and certified, on hi
honor. hat he, the physician. has per