The Miller press. [volume] (Miller, S.D.) 190?-current, 1908-10-22

the year 1908. Certified copies Of said
petition having been transmitted to the
senate and the house of representatives
by the Secretary of State.
Be it Enacted by the Legislature of the
State of South Dakota:
Section /. That the following act be
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 Q66) of the Session Laws
of 1903, being an act to amend section
1856 of the Revised Political Code 1903,
being section 23 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 and in
toXicating liquors.
Be it Enacted by the People of South
Dakota:
Section /. That section one "a of
chapter one hundred sixty-six Q66) 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 l66, Session laws 1909 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
limits 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 such 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
Yes" and NO" and any voter in
favor of the sale of such liquors shall
mark the word Yes" with a cross CX),
and any voter opposed to such sale shall
mark the word No" with a cross CX(,
and if a majority of the voters Of such
township, town or city shall vote in
favor of such sale of Intoxicating Ii
quOrS 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
vote in favor of such sale no permits
shall be granted.
lar general election held in this state
as provided for in section 1864 of the
Revised Political Code Of 1903, the ques-
ton of whether permits to sell intoXi-
| CdlllS liquors sinai De granted WlInln
the corporate limits of any organized
county, may be submitted to the legal
voters thereof upon a petition signed
by not less than ten per cent of the
qualified electors of such county. Said
petition shall be filed with the county
auditor at least sixty days before the
election and shall state that a county
vote is desired upon the question: Shall
intoxicating liquors be sold in..........
(naming the county, County," And
| alCn fhaf tho Sionnrc nf sold natitinn
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 apo such question.
Notice of such vote shall be given in
the same manner and form as notice
of general elections as nov provided
for by law. The question shall be
submitted upon a separate ballot and
said election shall be conducted in the
same 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 a township.
town or city and under the general
election laws Of the state except as
herein otherwise provided. If a ma
ton at said election shall be against the
sale of intoxicating liquors ir such
county no permits for the sale f the
same shall be granted anywhere within
such county nor in any township, town
or city therein from and after the first
day of July next following such election.
If n 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 said question of
selling Intoxicating liquors from being
submitted to the electors of any town
ship. tow or city at the annual NUM-
cipal election thereof as hereinbefore
provided, for the next ensuing two
years, and annua permits may be
granted 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
less at the next general election a vote
shall have been had in accordance with
the provisions of this act and a ma
jOrity of the votes cast upon such
question shall have been in favor of
granting such permits.
Provided %TurUner; 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
III W. NlioN pun pOSt liz al Dtll-
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
same is hereinbefore provided for the
submission of said question to the cleo
tors of any county at any general cleo
ton. If 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 in such county nor in
any precinct, township. town or city
therein from and after the first day
Of July next following said election. If
a majority of the votes cast at such
special election shall be in favor Of the
sale of intoxicating liquors within such
general election to grant permits for
the sale of Intoxicating liquors only in
those precincts. townships. towns and
cities that shall cast a majority vote
in favor thereof at their regular an
nual municipal elections as provided In
this act.
Sec. 2. In determining whether such
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 signers. said
per .centage shall be based upon the to-
tai vote for governor at the last pre-
ceding general election.
Sec. 3. Nothing in this act shall be
so construed as to prohibit the sale by
qualified pharmacists as now desig-
tifc and manufacturing purposes, or
wines to church officials for sacrament
tai purposes. nor alcoholic stimulants
as medicine in cases of actual sickness,