The Idaho Republican. [volume] (Blackfoot, Idaho) 1904-1932, 1909-02-26

sec. y. NO person shall be per
: mitted to vote at special election
called under this act, unless he i
duly registered as required by law
I Provided. However, That all voter
who were registered In the county fol
the last preceding general election
, need not register again for the spe
l cial election, but the registration list.
for such general election shall b.
, used. and persons who were not ther
registered may register for the spe
cial election according to the statutes
relating to registration, for which
purpose the registrars appointed fol
such general election shall act. In
case registrar in any precinct fails
to act or the office become vacant
the county auditor shall fill such va
cancy by appointment.
n Sec. 10. In all elections hereun-
der the qualification of voters shall
be the same as In general elections,
and in all matters and proceedings
! not herein otherwise specified, all the
\, provisions, including those relating
4 to penalties, of the general election
1 laws of the state shall apply and be
observed, as far as the same are APP
/ plicable, and all expenses of such
election shall be paid in the same
manner and out of the same fund as
4 IN the case OF general elections held
In the county.
sec. II. whenever an election has
been held under the provisions of this
a t, no subsequent election shall be
he'd hereunder until the expiration
oi two years from the last preceding
election so held.
Sec. IL. In any complaint, infor-
I nation or indictment for selling or
disposing of intoxicating liquors
without license In prohibition dis
trict, 1t shall not be necessary to set
forth, neither shall 1t be necessary to-
prove upon the hearing or trial, the
facts showing that the required num-
Der of voters petitiOned for the cleo
tion, that the election was held or
that majority voted in favor Of
prohibiting the sale as herein pro-
vided, nor shall it be necessary to al
lege or prove that the defendant did
not have license lawfully permitting
him to sell or dispose Of intoxicating
| liquors, but the burden shall be on
the defendant to show that he held
such a license at the time of the COM
mission of the act complained Of
Sec. 10. An election held under
the provisions Of this act may be CON
tested by any elector of the county in
which the election is held, in the
manner provided by law for the con-
test of the election of person to
county office. In such contest the
county shall be the contestee and the
prosecuting attorney of such county
shall appear In defense Of the result
of the election as announced by the
board of county commissioners.
Sec. IA. If majority of the legal
votes cast in any county at any cleo
tion held under the provisions Of this
act shall be against the proposition so
submitted it shall not affect, change
or alter the power now conferred by
law upon the boards of county COM
missioners to refuse a license to sell
or dispose of intoxicating liquors; nor
The power now COnIGrTGO Dy law uDOH
the council or board of trustees or
other governing authorities of any
incorporated city, town or village in
this state to prohibit the selling or
giving away of any intoxicating
liquors; nor shall such vote against
the proposition affect, change or alter
any ordinance which NAV haye been
in force In any city, town or village
of this state at the time said vote
was taken.
Thn
act snall not be SO construed as to
prohibit the sale of denatured and
wool alcohol, or the sale in prohibit
ton districts of pure alcohol for
medicinal, mechanical, manufacture
.o.ux&setn ,,,rnncna ~ r,,fonc |