The Leavenworth echo. [volume] (Leavenworth, Wash.) 1904-current, 1909-03-26

no-license unit, nor the delivery OF
the same.
1t is further expressly provided
that no provision of this section is
intended or shall be construed to
violate or be in conflict with any
provision of the constitution and
laws of the United States respecting
interstate commerce, but this sec
ton and all parts of the same are in
tended to prohibit the acceptance, re-
ceiving, carrying, transferring,
handling, delivery or distribution, as
herein provided, of intoxicating
liquor to such extent only as the
same is not expressly permitted I'M
der the constitution and laws of the
United States.
shall be held to be void or uncon-
stitutional, 1t is hereby provided that
all other portions of the same which
are not expressly held to be void or
unconstitutional shall continue in
full force and effect.
Sec. 10. Prosecutions for viola
lions of this act may be by informa-
ton or indictment. In any such
prosecution IL. shall not be necessary
to state the kind of intoxicating
liquor sold, nor to describe the place
where sold, nor to show the knowl-
edge of the principal in order to con-
Wet for the acts of any agent or
servant, nor to state the name of
any person to whom such liquor is
sold, nor to set forth the evidence
showing that the required number of
qualified electors petitioned for the
submission to the electors of the
question whether intoxicating liquor
should be sold in the unit where the
violation is alleged to have occurred,
nor that majority of the qualified
electors voted against the sale of
liquor within such unit, but in all
cases it shall be sufficient to state
that the act complained of was COM
mited in a unit in which the sale
of intoxicating liquor was prohibit
ted, and that such act was then and
there prohibited and unlawful.
Sec. 20. The issuance of an in
ternal revenue special tax stamp or
receipt by the United States to any
person as retail dealer in intoxicat-
ing liquor at any place within a unit
in which at the time of the issu-
ance thereof the sale of intoxicating
liquor was forbidden, shall be prima
facie evidence of the sale of intoxi-
eating liquor by such person at such
place, or at any place of business of
such person within the unit where
such stamp or receipt Is posted IL,
at the time, the stamp or receipt Is
in force and effect Provided, That
this section shall not apply to whole
salers, manufacturers or druggists.
A copy of any such stamp or of
the records of the United States in
ternal revenue office, certified to by
any United States internal revenue
officer, or assistant, having charge of
such records or stamps, which shows
that the United States special liquor
tax has been paid by any person
| charged with selling, giving away or
otherwise dispesing of Intoxicating
| liquor in violation of this act in any
unit in which, at the time of issu-
ance of said special liquor tax stamp,
| the sale of liquor was prohibited,
shall be competent and prima facie
evidence that the person whose name
appears on said records or stamp, as
| shown by said certified copy, has paid
| the special liquor tax for the time
| stated therein.
Sec. 81. Any city or town which,
under the provisions of it's charter,
may possess the power to vote upon
| the question of the issuance of IL
| censes for the sale of intoxicating
| liquor within It's limits may proceed
| to secure such vote and the results
| thereof under the provisions of such
| charter, or may apply the provisions
of this act, as the petitioners in any
such city may elect.
Sec. %. That any five qualified
electors of any unit in which an
| election shall have been held as pro-
vided for in this act may, within
| ten days after the canvass of the
| returns of such election and upon
| filing a bond for costs in a penalty
| to be fixed by the presiding judge,
and with a surety or sureties to be
approved by him, contest the validity
of such election by filing a verified
| petition in the superior court for the
| proper county in which such unit is
! situated, setting forth the ground
| for the contest. Upon the filing of
such petition summons shall forth
with issue from such court, signed
! by a judge thereof, and shall be
served by the sheriff or his deputy
! of the county in which said unit is
| situated, addressed to the city or
town clerk or county auditor with
whom the petition for such election
is filed, notifying such clerk or au-
ditor of the filing of such petition
and directing him to appear in such
court on behalf of such unit at the
| time named in the summons, which
time shall be not less than five nor
more than fifteen days after the filing
of such petition. The procedure in
such cases shall be the same as that
provided by law for contesting an
election to a public Office, so far as
the same is applicable. The said
court shall have final jurisdiction to
hear and determine the merits of
such cases. Any qualified elector in
the unit in which such election shall
have been held may be permitted by
the court in it's discretion to appear
| in person or by attorney, in any
such contested election case, In de-
Tense of the validity of such cleo
ton.
Sec 23. Nothing in this act shall
be construed to repeal or affect the