The Plymouth tribune. (Plymouth, Ind.) 1901-1911, 1909-02-18

sions OF any act OF the general as
sembly entitled An act to better reg
ulate, restrict and control the sale OF
intoxicating liquors and providing
for local option elect Approved
September &c, 1905; Provided, that
the election and result OF the vote
in any such county shall be effective
only for the period of two years from
the time of such election"
Section 10 repeats the county To-
cal option law and was the point of
attack by the Republican minority
Refunding of License Money.
Section II provides for refunding
part OF the fee paid by holder OF a
license in case such license is ter1nin-
ated by an election held under the
provisions of the act in which il is
voted to discontinue saloons in
specified territory. The section reads
III a majority OF the legal votes
cast in any election held under the
provision of this act shall be in favor
OF prohibiting the sale of Intoxicating
liquors as a beverage in such terri
tory then after ninety 600 days from
the holding of said election al. IL
censes for the sale OF Intoxicating
liquors granted in such territory are:
the passage OF this act shall be nul:
and void and the holder thereof shall
be liable for any sale OF liquors made
by him thereafter the same as if a IL
cense had never been issued to him:
ii the holder OF such void license shall
surrender the same within ninety
600 days from the date OF holding
said election, the county, city or in
corporated town issuing said license
sail refund 70 the holder an amount
proportionate to the unexpired time
for which the license fee shall have
been paid. Provided, however. that
no license issued prior to the pas
sage OF thi act shall be terminated
by virtue OF this act or any vo.e
hereunder"
Against Brewery Ownership.
Section IS is designated to prol;bi;
breweries from holding interests in
licensed saloons and for revocation of |
license in case Il is determined that |
an applicant has misrepresented facts |
covered b this provision OF the pro-
posed law when making application
for license. The section reads:
Before license to sci intoxica-
ting liquors be granted to any appli
cant, he shall make affidavit and file
same with the board of commission
ers stating that he is the only person
pecuniaray interested in tie business
for watch the license is asked: that
he has neither received nor will re-
ceive, directly or indirectly, from any
person, firm or corporation engaged |
in the manufacture or sale OF any ar
ticle or articles sold or handled in
the applicants business, any loan.
gift or any support, either in the
shape OF none or saloon fixtures or
furniture or ayment OF license fee.
and that the property in which the
business is TO be conducted, if not
owned By him is neither owned nor
leased directly or indirectly by any
such person firm or corporation. If
at anv time verified charges are filed
with the proper authorities against
any liquor dealer who sells liquor
during hours during which the sale
Of such liquors is prohibited; or who |
shall fail 70 have such room so ar
ranged that the same may be securely |
closed and locked and admission
thereto prevented and persons ex-
cluded therefrom during the hours in
which the sale OF Intoxicating liquors
is prohibited by law, shall on the
first conviction for the violation OF |
any OF the provisions thereof be fined |
in any sum not less than twenty-five
dollars, nor more than one hundred |
dollars, and the said license of such |
person shall be suspended for a per-
iod OF not less than ten. days nor
more than thirty days; and upon =
second conviction for the violation
OF any OF the provisions hereof, such
person shall be fined in any sum not
less than twenty-five dollars nor more
than one hundred dollars, TO which |
may be added imprisonment in the
county jail for not less than ten day
nor more than sixty days and the Ii
cense OF such persons shall be can
celed and revoked. and said person.
so convicted shall thereafter be rem
dered incapable OF holding any license
for the sale OF such liquors for a |
period of two years from the date of
such second conviction; and it shall |
be the duty Of the court in all cases
OF second conviction TO suspend or
revoke the license OF such person in
accordance with the provisions of this
act"
Suspension of Licenses.
Section 10 provides for the closing
OF saloons temporarily for violations
of the law. 1t reads as follows:
Whenever upon the first convic-
tion the court shall order the license |
suspended for a period OF days as
provided for in the foregoing ection,