Washington standard. [volume] (Olympia, Wash. Territory) 1860-1921, 1909-03-26
WHOLE NUMBER 2.3I3

"l' Hpt expressly neld To be ynIn or
unconstitutional shall continue I'm
ful! force and effect.
sec. ~. Prosecutions FOR viola
u"hs OF this act may be BY informa-
ton or indictment. In any surh
prosecution 1t shall not be necessary
TO state the kind OF intoxicating
'iq"or soid. nor to describe the placp
"nere sold, nor to show the knowl-
cage OF the principal in order 10 con-
'ict Tor the acts Of any agent or
servant. nor 10 state the name az
any person to whom such liuuor is
SOFA. ner to set forth the evidence
showing that the required number ~
qudllhed electors petitioned for rho
submission to the electors Of tho
question whether Intoxicating Uouor
should be sold in the unit where mo
violation Is alleged TO have occurred
nor that a majority Of the qualified
electors voted against the sale OF
llquor within such uni. but in all
cases II shall be sufficient to state
'hat the act complained of was com
hllteu In unit in which the sale
OF Intoxicating liquor was prohibi-
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 anv
person as Il retail dealer in intoxIcat-
ing liquor at any place within a unIt
III which at the time of m. i.cu-
aAee thereof the sal" of intoxi .ating
nquor WAS forbidden. shall b, ,rim,,
iaclr evidence OF the sale OF intoxi-
eating liquor by such person at such
pace or at any place of business of
sucn person within the unit whore
such stamp or receipt is posted If
AT the time. the stamp or recent is
IN force and effect: Provided. That
TINS section shall not apply to whole
saIerS, manufacturers or druggists
a copy Of any such stamn or q,
the records OF the United States in.
terhal revenue Oii.te. certified 10 by
any United States internal r.vnnua
ofhcer, or assistant. having charge of
9i'h I'corus or stamps. which shows
that the United States special liouor
'aN mas bcen paid by any person
charged with selling. giving away or
otherwlSe disposing of intoxicating
hquor In violation of this act In anv
unit in which. at the time of issu-
ance OF said special liquor tax stamp
the sale of liquor was prohibited
snail 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. 2l. Any city or town which
under the provisions of its charter
may possess the power to vote upon
the question of the issuance of H.
cenSes for the sale of Intoxicating
liquor within its limits NAV 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. 22. 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
Ming bond for costs in penalty
to be fiXed by the presiding Judge.
and with 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
81
with issue from such court, signed
by 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 its discretion to appear
In person or by attorney. In any
such contested election case. in de-
Tense OF the validity OF such cleo
tion.
Sec. 23. Nothing in this act shall
be construed to repeal or affect the
operation OF any existing laws OF the
State of Washington. whereby the
licensing and sale OF Intoxicating
liquor is prohibited within certain
specified areas surrounding certain
state institutions and also within one
mile outside OF each Incorporated
city or town In the state. but said
laws shall continue in
full force and effect.
Passed by the Senate February IS,
1909.
Passed by the House March (.
1907.
Approved by the Governor March
II, 1902