The Monte Vista journal., 1912-11-02

or constable, II he has personal Infor-
mat Ion that intoxicating liquors are
hent win intention TO sell, barter. use
OF give away the same In violation of
any law Of the State. In any public
place, except dwelling house, when
such dwelling house is not a place OF
PUBIC resort, shall search such suspect
ed place without a warrant and With
out any affidavit being filed and shall
seize any such liquor or implements
and any person or persons In charge
and shall return them to the court 10
which he Is amenable and proceedings
shall then be had as IL warrant had
been issued.
Sec. 10. Liquors and Implements that
are seized by virtue of this Act shall
not be taken from the custody of the
officer by any writ OF replevin or by
any other process while the proceed
lngs under this Act are pending. and
the final Judgment on conviction in
proceedings under this Act shall in all
cases be bar to all suits for the re-
covery of any liquors seized or the
value of same, or for damages slleged
detention thereof.
Sec, L.. The legislative authorities
of Municipality, City Commissioners.
CITY Councils OF cities or cities and
counties, and Boards of Trustees of in
corporated towns may by resolution
provide for the destruction of any in
toNicating liquors illegally kept with
In said town, and such commissions
boards and councils are hereby author
lied to use and appropriate any part
of the funds collected for the viola
ton of any law prohibiting the sale.
barter, use or giving away of int oxi-
eating liquors in this state, for the
hiring of detectives or other officers
to secure the enforcement of any such
laws.
Sec. II. Nothing in this act shall be
held to repeal. amend or in anywise
alter any, law or ordinance now in
force In the State of Colorado regulat-
Ing or prohibiting the sale use barter
or giving away of Intoxicating liquors.
Sec. Is. Any person resisting any
officer engaged in the performance of
duties under this Act shall be guilty
of violating the provisions Of this Act
and shall be subject to fine of not
less than twenty-five nor more than
one hundred dollars for each offense.
Sec. 10. All the provisions of this
Act shall apply to the enforcement OF
may be made before Police Magis
trate In like manner as before the
judges named in this Act. but such
complaint, warrant, action and pro-
ceedings generally as are had before
the Police Magistrate shall apply only
to the enforcement of municipal ordi-
nances and to the search and seizure
of liquors. which are held kept, used
or sold, exchanged, or given away in
violation of such ordinances and ali pa
pers and process shall be modified to
apply to the procedure before Police
Magistrates. This section shall also
apply to all cities existing under spe-
cial charters.
sec. ~. ANY Justice OF the peace,
or any Judge of any County Court. or
any Judge of any District Court in this
State with whom an affidavit is filed
charging the violation as aforesaid of
said statute or statutes of this state
when the offense is alleged to have
been committed in the county or dis
trict, respectively in which said Judge
or justice Of the peace is sitting. shall
have Jurisdiction to try such case upon
affidavit. and In any case under this
Act it shall not be necessary that any
INF f,Y.ff1 ion ha 1al ltrn a tut,a
torney or that an indictment shall be
found by grand jury.
Sec 81. All acts or parts of acss In
conflict with this Act are hereby re-
pealed.
Sec. 90. The keeping of intoxicating
liquors for sale, barter, exchange or
giving away in violation of law, or the
sale, barter, exchange or giving away
of Intoxicating liquors in violation OF
law shall be deemed violation of the
provisions of this act. Any person who
shall, by means of search and seizure,
as herein provided, be found guilty OF
violating any statute or statutes of the
state of Colorado prohibiting the sale
barter, exchange or giving away of In
toNicatlng liquors, or the keeping Of
Intoxicating liquors for sale. barter.
exchange or giving away: or any per-
son who shall violate any of the pro-
visions Of this act shall be fined a
sum not less than 100000 nor more
than 100000 and Imprisonment In the
county jail not less than 90 days: or for
the second and every successive offense
any person found guilty under this Act.
snail be deemed guilty of felony and
shall be punished by imprisonment in
the penitentiary not to exceed two
years and not less than one year, and
the court before whom any such con-
viction may be had, shall In every in
stance also order all the property
seized by the officer as aforesaid to
be publicly destroyed and the same
shall be destroyed publicly Provided
that nothing in this act shall be con-
strued to repeal any other law Of the
state providing for prosecuting or pun
ishment for the violation OF any statute
or statutes of the state Of Colorado
prohibiting the sale, bartering. ~
changing or giving away of intoNicat-
Ing liquors.
election at which this proposed law
shall be submitted and DESTROYS Of vot-
Ing for or against said law shall de-
wherein shall be printed or written the
words:
FOR
seizure OF laws prohibiting
the sale of Intoxicating liquors.
AGAINST
seizure of laws prohibiting the
sale Of Intoxicating liquors,
And shall indicate his or her APP
proyal or rejection Of the proposed law
by placing cross tAJ after one OF
Tho votes cast for the adoption or
rcjcCti ion OF said law shall be CanYaHscd
and tho result determined by the laws
OF the State OF Colorado for the can
vnssing of votes for Representatives In
Congress.
IN WITNESS WHEREOF, have
hereunto set my hand ana affixed the
Great Seal OF the state OF Colorado, at
the city OF Denver. this First day OF
October, a. ID. 1912, ...,...,.-,,
JAMES II. PEARCE,
(SEAI.) Secretary OF state.
PROPOSED LAW OF TiIE STATE OF
COLORADO. INITIATED m pErI-
TION UNDER IliE INITIATIVE