American Falls press. [volume] (American Falls, Idaho) 1907-1937, 1909-02-13

cast at such election shall be in favor
OF the proposition submitted, it shall
thereafter be unlawful for the board of
county commissioners of the county to
grant to any person, firm, association,
corporation or club license to sell or dis
pose of Intoxicating, spirituous, malt or
fermented liquors or wines, within said
county, until at subsequent election
held under the provisions of this Act
majority of the legal voters of the
county, voting at such subsequent cleo
ton, shall vote against prohibiting the
sale or disposal of Intoxicating liquors.
Sec. 8. If majority of the votes
cast at any election held under the pro-
visions of this Act shall be in favor of
the proposition so submitted, then after
ninety days from the date of said cleo
ton. all licenses for the sale of intoxi-
eating liquors granted in the county
after the passage of this Act, shall
become void and be of no force or
validity, and the holder thereof shall be
liable for any sale of liquors made by
him the same as though no such license
had been issued, and there shall be re-
funded to him of the amount paid for
such license, sum proportionate with
the unexpired time for which the
license fee shall have been paid, out of
the several funds to which it has been
apportioned.
No license issued prior to the passage
of this Act shall be terminated or in any
manner affected by this Act or by any
election held hereunder.
Sec. 9. No person shall be permitted
to vote at special election called under
this Act unless he is, duly registered as
required by law; Provided, however,
That all voters who were registered in
the county for the last preceding gen.
eral election need not register again for
the special election, but the registration
lists for such general election shall be
used, and persons who were not then
registered may register for the special
election according to the statutes relat-
ing to registration, for which purpose
the registrars appointed for such gen.
eral election shall act. In case regis
trar in any precinct fails to act or the
office becomes vacant, the county aud
itor shall fill such vacancy by appoint
ment. .o-,
Sec. 10. In all elections hereunder
the qualification of voters shall be the
same as in general elections, and in all
matters and proceedings not herein
otherwise specified, all the provisions,
including those relating to penalties, of
the general election laws of the state
shall apply and be observed, as far as
the same are applicable, and all ex-
penses of such election shall be paid in
the same manner and out of the same
fund as in the case of general elections
held in the county.
Sec. IL. Whenever an election has
been held under the provisions of this
Act, no subsequent election shall be
held Hereunder until the expiration of
two years from the last preceding elec-
tion so held.
Sec. II. In any complaint, informa-
tion or indictment for selling intoxicat-
ing liquors without license in prohibi-
tion district, it shall not be necessary
to set forth, neither shall it be neces-
sary to prove upon the hearing or trial,
the facts showing that the required
number of voters petitioned for the
election, that the election was held or
that majority voted in favor of pro-
hibiting the sale as herein provided, nor
shall it be necessary to allege or prove
that the defendant did not have license
lawfully permitting him to sell or dis
pose of intoxicating liquors, but the
burden shall be on the defendant to
show that he held such license at the
time of the commission of the act COM
planned of.
Sec. 13. An election held under the
provisions of this Act may be contested
by any elector of the county in which
the election is held, in the manner pro-
vided by law for the contest of the
election of person to a county office.
In such contest the county shall be the
contestee and the prosecuting attorney
of such county shall appear in defense
of the result of the election as an
nounced by the board of county COM
missioners.
Sec. Ia. If majority of the legal
votes cast in any county at any election
held under the provisions of this Act
shall be against the proposition so sub
mitted it shall not affect, change or
alter the power now conferred by law
upon the boards of county commission
ers to refuse a license to sell intoxi-
eating liquors; nor the power now