Year: 1876

AN AIT


To prohibit the sale, exchange or gift of
Intoxicating hquor in any county, JUS


tees precint, city or town in this State


that may so elect; prescribing the mode


of election, and affixing a punishment
for its violation.


SECTION /. BE it enacted By tile Legisla-
tire Of the State Of 1erds, That it shall be
the duty of the commissioners court of
each county in the State, upon the written
petition of fifty qualified voters of said
county, or upon such petition hy twenty
Qualified voters of any Justices precinct,
town or city therein, to order an election
to be held by the qualified voters of said
county, Justices precinct, town or city, as
the case may be, to determine whether the
sale of Intoxicating liquors and medicated
bitters producing intoxication shall be pro-
hibited In such county, Justices precinct,
iowa or city, or not; prOUided, that nothing
herein contained shall be construed to pro-
hibit the sale o: wines for sacramental pur-
poses, nor alcoholic stlmuant as medicines
in case of actual sickness when sold upon
the written prescription of regular practis-
ing physician, certified upon honor that the
same is actually necessary as medicine.


SEC. .. 1t shall be the duty of such
court at Its first session after the filing of
such petition with the clerk thereof, to
order an election to be held at the regular
voting place or places within the proposed
and prescribed limits upon day not ex-
ceeding thirty days from the date of said
order, and said order shall express the OBJ
ject of said election. The clerk shall post
or cause to be posted at least five copies of
said order at different public places in each
Justices precinct, town or city in which
such election shall be held, for at least
twenty days prior to the day of election.
Said court shall appoint and qualify the
proper officers under existing laws. At said
election, those who favor the prohibition of
the sale of Intoxicating liquors within the
prescribed limits, shall have written or
printed on their tickets the words ''for
prohibition" and those who oppose it shall
endorse on their tickets the words, "against
prohibition" The officers holding said
election shell, in all respects not here
specified, conform to the existing laws reg
ulating elections, and after the polls are
closed they shall proceed to count the votes,
and they shall within ten days thereafter
make due report of the said election to the
aforesaid court.


Sec. 3. Said court shall hold special
session on the eleventh day after the hold
ing of the aforesaid election, or as soon
thereafter as practicable, for the purpose of
opening the polls and counting the votes,
and if ma jority of the votes cast are ''for
prohibition" said court shall Immediately
make an order declaring the result Of said
vote, and absolutely prohibiting the sale OF
intoxicating liquors within the prescribed
bounds Except for the purposes specified in
section one of this act) until such time as
the qualified voters therein may, at a legal
e ection held for the purpose, by majority
vote decide otherwise, and said order OF
court so declaring the result Of election and
prohibiting the sale of intoxicating liquors
shall be published for four successive weeks
in the newspaper having the largest circu-
lation in the county, and in such counties
as shall have no newspaper, by posting said
order at three public places within the pre-
scribed limits But if q majority voting at
said election vote "against prohibition"
the court shall make an order declaring the
result and have the same entered of record
in the Office of the clerk of said court.


SEC. T. No election under the foregoing
sections shall be held within the same pre-
scribed limits in less than twelve months
after an election under this act has been
held therein; but failure to carry prohibit
ton in a county shall not prevent such cleo
ton being Immediately thereafter held In a
JUSTICES precinct, town or city Of said
county, nor shall the failure 10 carry prohi-
bition in tswn or city prevent an election
being Immediately thereafter held in the
same Justices precinct, nor shall the hold
ing of such election in any Justices precinct
in any way prevent the holding Of an cleo
ton for the eutire county Immediately
thereafter.


SEC. 8. When any such election has
been held, and has resulted in favor Of pro-
hibition and the aforesaid court has made
the order declaring the result and the order
of prohibition, and has caused the same TO
be published as aforesaid, any person or
persons who shall thereafter within the
prescribed bounds Of prohibition sell, ex-
change or give away, with the purpose OF
evadIng the provisions OF this act, any in
toxicating liquors whatsoever, or in any way
violate any Of the provisions Of this act,
shall be subject TO prosecution by informa-
ton or Indictment, and shall be fined in
sum not less than twenty-five no more than
two hundred dollars for each and every
violation Of any Of the provisions OF this
act.


SEC. O. II is hereby made the duty Of
the district judges 70 give this act IN charge
10 the grand jaries and 10 IL made the
especial duty Of the county attorneys and
county judges and all justices of the peace
having jurisdiction IN the premises to see
that this act Is rigidly enforced. An officer
failing 70 discbar ye his duties under this
act in any respecs shall be subject 10 Indict-
ment, and, If convicted, shall be fined not
less than one hundred nor more than one
thousand dollars. All fines collected under
this act shall be paid into the county treas