The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1909-03-25

impanelled Before said jury the
evidence shall be adduced as in other
cases and the court shall charge the
Jury upon the law and II a verdict
is rendered against the defendant,
then the court shall order that said
place be abated as public nuisance.
And whoever, being the proprietor
of a place which has been abated un-
der this section, either for himself
or as a partner, agent, or employe,
engages In or carries on the business
of selling intoxicating liquors as q
beverage, shall upon indictment ana
conviction be fined not less than two
hundred nor more than one thousand
| collars, or imprisoned not less than
six months or more than two years,
or 10th. %
The complaining taxpayers referred
| TO must be qualified voters of the
municipal corporation, in case said
| place is situated in a municipal cor
poration, and must have resided for
| twelve months prior to their COM
| plant within one thousand feet of
the place complained of; and in
case said place is situated without a
municipal corporation, then said com
| planning taxpayers must within twelve
! months before the complaint have re-
sided without the municipal corpora
tion and within one-half mile Of the
| place complained of.
| AT a trial referred to in this sec
| tion, an affirmative answer to any of
| the questions referred to, which ans
wer is made one year from the pas
sage of this act, shall be conclusive
! proof that the place where such bus
| mess is carried on is conducted in a
| disorderly and disreputable manner.
From any conviction or judgment
or order of abatement error may be
! prosecuted or appeal taken as in 9th
| er cases.
Sec. SC. Whoever exhibits, or per-
mits to be exhibited, in or in con-
nection with a place where intoXicat-
ing liquors are sold as q beverage
any lewd, lascivious or improper pic
lures or devices, shall be fined not
| less than twenty-five nor more than
one hundred dollars, or imprisoned
not more than thirty days, or both.
Sec. sd. Should any of the provi-
siops of this act be held, for any rea-
son, to be invalid or void, the same
shall not be construed or held to in
validate any other provision herein
contained or any act to which this
act is amendatory.
Section 2. That section of the
act entitled, "An act providing against
the evils resulting from the traffic in
intoxicating liquors." passed May IA,
1886, as amended March %, 1906, be
and the same is hereby repealed.
Section 3. Any prosecuting attor-
ney in any county in which the sale
of intoxicating liquor as a beverage
is prohibited may appoint a secret
service officer, or officers, to aid in
discovering evidence to be used at
the trial of cases for violation of
local option laws prohibiting the sale
of intoxicating liquor Such appoint
ment shall be made for such term
as the prosecuting attorney may deem
advisable and subject to termination
| at any time by such prosecuting at
! torney Such secret service officer,
OF officers, shall not receive for any
! one month a total amount of more
| than one hundred and twenty-five
| dollars. Such compensation shall be
| paid out of the county fund upon the
warrant of the county prosecutor
If the prosecuting attorney fails to
appoint such secret service officer, or
officers, under the provisions of this
section, within three months after
March IL, 1909, or within three
months after the date on which such
| prosecuting attorney enters upon the
duties of such office, then the probate
| Judge of such county may appoint
such secret service officer, or officers,
as herein provided, and the compen-
sation shall be paid out of the county
! fund upon the warrant of the probate
! judge.
Section 4. Any person, or persons
firm, or any officer of any corporation
who directly on indirectly, after April
Is, 1909, solicit orders for intoxicating
liquor in any county or territory
where the sale of such liquor as a
beverage is prohibited shall be sub
ject to fine of not less than one
hundred and fifty dollars nor more
than four hundred dollars for the frs
offense, and for the second offenst
not less than four hundred dollars
nor more than eight hundred dollars