The Brownsville daily herald. [volume] (Brownsville, Tex.) 1897-1910, 1909-04-23
THE NEW LIQUOR LAW.
Summary of Main Points as Com
pared Wsth Observation-Disclosures Law.


Here is a summary of the points
OF difference between the new liquor
law now in force in Texas and the
Baslzin-McGrego law which the new
law amends:
l. In order TO secure q license
under the present law the applicant
is required to file his application with
the Comptroller, under oath. stating
his residence. and that he is not dis
qualified from pursuing the occupa-
ton of a liquor dealer; while under
the Robertson-Fitzhugh law he is re-
quired to make application to the
Comptroller under oath for permits
sion to apply for q license, stating
in his application, among other
things his residence and business
for the past two years; that no other
person or corporation is Interested, or
to be interested in the business to be
conducted under the license applied
for: that he has not since the first
of May, 1909, as proprietor.
agent or bartender of any
saloonkeeper, violated any laws
of this state regulating the sale
of liquor; that if the license applied
for is granted to him he will not, dur
ing the term for which it is granted,
violate any of the laws of this state
regulating the sale of liquor and
that he agrees, in case he does yio-
late any such laws. that the Comp
troller or the county judge may, in
the manner provided by this act. for
felt his license and that he will for
felt to the state. county and city all
moneys paid therefor; and that IN
case said license is forfeited and he
contests in court his saloon shall re-
main closed until the termination
Of the litigation.
2 1t prohibits the county judge
issuing a license to sell liquor in
any part of city where, under its
special charter said city has by or
dinance prohibited the sale Of liquor
3. It fixes the penalty for viola
ton of the provisions of the bill, in
addition to the FORGETTING of the Ii
cense. at fine not less than $500 nor
more than $1,000. and by imprison-
ment in the county Jail for a period
not to exceed six months; whereas
the penalty under the present law is
fine of not less than $50 nor more
than $500. or by Imprisonment, or
both such fine and Imprisonment.
4. The present law only author
ICES the forfeiture of licenses by the
county Judge for the violation of two
or three provisions of the statutes,
while the new law authorizes the
county Judge or Comptroller, either,
to forfeit the license for the violation
of any one of the various provisions
of the law controlling the sale of in
toxicatjng liquors.
5. The present law gives any pei
son residing in the block in which the
saloon is to be opened the right to
object and under this law it is posi-
HE to coloniZe people in tents in the
block to get permission to open the
saloon; while the Robertson-FitZ-
hugh bill requires permit from the
majority of the citizens who have re-
sided for six months in the block, or
within 900 feet of the block, giving
persons on the opposite side of the
street the same right to object to the
saloon as those have who live in the
block where the saloon is to be 10
Gated.
G. Under the present law saloon
can be opened near a church or a
school while the Observation-Disclosures
law prohibits the location of a sa-
loon within 800 feet of church o.
school
Z. The Bobertson-Fitzhugh law
adds as one of the conditions of the
liquor dealers bond, any violation
of the Sunday laws of this state,
which was never before a condition
of such a bond.
s. The present law authorizes the
sale of liquor TO a minor upon the
written permission of a parent or
guardian while the Robertson-Fitz-
hugh law denies the right to sell TO
minor upon the consent of the guar
dian or parent.
3 The Observation-Disclosures law
gives power to the county Judge and
to the comptroller of state to forfeit
the license of a retail liquor dealer
for any violation of its provisions,
while the present law authorizes the
county Judge to forfeit for violation
of a part of its provisions only
10. Under the present law there
is no limit on the number OF saloons
that NAV be licensed. but under the
Robertson-FitZhugh law not more
than one to each 500 inhabitants may
be established.
II. As the code of criminal proce-
dure fixes the venue for the prOsecu-
ton of perjury and false swearing at
the place and in the county where the
oath is made or where the affidavit
is used an applicant for license, on
swearing, ii his application to the
comptroller, that he has not violated
the law since the first day of May,
1909. as provided in the Robertson
Fitzhugh law, may, if he swear false
", be prosecuted for perjury in
Travis county. as the affidavit will be
nsed in that county.