Greenfield Evening Republican, Greenfield, Hancock County, 13 March 1895 — Page 3

Compilation of the Acts of the Fiftyninth General Assembly.

SIXTY DAYS OF LEGISLATION

Synopsis of Xcw and Ami'iulod Statutes. Notable Volitieal measures Which Were I'asseil Over the Governor's Veto—lull!

Text of the Famous Nicholson l»ill. New Congressional Districts.

Sixty days of legislative work was completed Monday night- March 11,1 with a result of many addiul and amended laws, a synopsis ol' all of which are appended. Something,- like 1,500 measures wero proposed during the session, but many of these met discouragement and defeat in one branch or the other. Notable among tlie political measures were those providing tor new eongres-| sional and legislative apportionment*, the constitutionally of which will doubtless be tested in the courts the bill ousting the trustees of the north and south prison boards: the bill reorganize ing the benevolent institutions the fee and salary law and a tew other*, all of which were passed over the governor's veto. I

ACTS AND Til Kill TIXLICS.

New Measures Which Will Stand oil the Statutes I ntil Kepealed. The following measures, passed by both houses and approved by the governor, have been iiled witii the secretary of state:

The first act passed was that appropriating $1 00,000 for the expenses of the legislature.

The second bill passed (enrolled bill No. 4, house) appropriated money to meet the expenditures of the governor for the support and transportation of the militia to enforce the laws, mainly during the Debs strike.

House enrolled bill No. 25!) became a law Jan. 28. It fixed the number of employes in the house, creating a doorkeeper, a cloakroom custodian and eight assistant doorkeepers at $.j per day, and four janitors at $•'! per day, four pages at $2 a day, 17 clerks at and a folding clerk at j, six committee clerks at

Enrolled bill of the house No. 107 appropriates money for the salaries of the office of the clerk of the supreme court, which act was necessary because the salary law of 1N!)1 relating to that office went into effect when the new clerk came in, in December, and the last .legislature had made no appropriations.

Enrolled bill No. 00, house, approved Feb. 10, provides for the opening, vacating and change of highways provides that the auditors of counties shall require sheriffs to notify the viewers of proposed roads, for their location or discontinuance, who shall, after being 6worn, proceed to that duty. Highways of public utilily shall be laid out on the best ground, but shall not run through any person's inclosure of one year's standing without the owner's consent, unless a good way cannot otherwise be had. Whore roads are laid out on the dividing lines of individuals, each shall give half the road.

Senate enrolled bill No. 104, which became a law by the approval of the governor Feb. 10, provides that the sinking fund commissioners shall be selected from the two parties casting the greatest number of votes at the previous election, and shall be chosen by the city council, and shall give bonds of §100,000.

House enrolled bill No. 08. approved Feb. 10, defines the course to be pursued by churches, benevolent institutions and educational societies to attain property by gift or purchase by the agency of trustees.

An act was approved Feb. 10 which ^'provides that boards of county commissioners in counties where contracts were let and courthouses begun before January, 18!)f, may issue bonds not exceeding 1 per cent of the assessed valuation of the taxable property of said counties, in addition to any loan for such purpose for which bonds may have been previously issued.

Senate enrolled bill No. 120, approved Feb. 18, forbids the running of railway tracks through cemeteries, and it has an emergency clause.

Enrolled act No. 22, Senate, approved Feb. 2 5, provides that when gravel roads have been built by order of county commissioners, and the viewers shall depart from the line of such highway and construct portions upon a new line, the abandoned portions shall be deemed vacated, and shall revert to the owner. Emergency.

Enrolled act 124, house, legalizes the acts of notaries who, acting in good faith, harl 110 commissions when papers were certified, or who are ineligible for any cause. Emergency. It was approved Feb. 2:3.

Enrolled act No. 125, senate, provides that cemetery property shall not be taxed except tho corporation derives a pecuniary benefit or profit therefrom. Approved Feb 25.

Tho house bill of Mr. Leedy, providing for the pensioning of wornout firemen after 25 years' service, at a rate not to exceed $50 a month, and those disabled in the service according to their disability, and the widows and orphans of those killed in the line of duty. It may apply to several cities besides Indianapolis.

Senate enrolled act No. 1 created a state soldiers' home at Lafayette, appropriating $75,000 for administrative buildings and the fitting up of the grounds and provides for a commandant and adjutant and a board of trustees to serve without pay. It also provides for tho support of any veteran and his wife actually at tho home. Approved Feb. 25.

Enrolled act No. 136, house, appropriates $9,032.27 for street paving in front ofpublic buildings and lots. Approved Feb. 25. j. Enrolled act No. 58, senate, establishes a superior court in Madison county, the judge to have the salary of the other superior court judges. Approved

Feb. 25. Enrolled act No. 20, senate, is a reso- $ -lution authorizing R. S. Hatcher to investigate all matters relative to the ^state seal and report to the next senate.

Approved Feb. 27. Enrolled act No. 184, house, relates to the cutting of hedge and other livo

fences along dividing lines. It provides that hedges shall be trimmed to five feet in liight and three feet in width each year, and when complaint is made by one of the parties in interest that the other fails to comply with the law the townshin trustee, after duo notice, shall cause the hedge to be trimmed and begin a suit against the owners of the pronertv. Approved Feb. 28.

House enrolled act No. 312 establishes board of public parks in Indianapolis to be appointed by the mayor, to serve without compensation. The board has extensive powers, but is subject to the citv council. Approved March 1.

House enrolled act No. 28 prohibits the landing and beaching of family shanties or flat-boats 011 shore for a longer period than ten hours without the consent of the owner. A penalty not less than *5 and 110 more than £"J0 is provided. Approved Feb. 28.

House enrolled act o. 3-1.1 relates to taxation, being an amendment of sections 11, 11 1, 11."), 125 and 12!) of the act of March 0. IMU. It defines specifically when properly .--hall bo taxed, provides for county boards of review, composed of auditor. asse.sMr and treasurer and two free-holders, and define?* its powers and extends the session of the state board of review. Approved March 1.

Senate enrolled act No. 100 legalizes th" appointment ol' townlup trutees by counts' commissioners where the predecessors of such trustees are ot unbound mind. house enrolled act No. 01 regulate* tobacco warehouses. It was approved Maivh 2.

Semite enrolled, act No. Is. approved March 2, calls for an accounting of tho proceeds of the .swamp land fund by the treasurer ot state.

Senate enrolled act No. -18 extends the jurisdiction of the police judge of Indianapolis and increases his .salary to 500. Approved March 2.

Senate enrolled act No. 54 legalizes the sale of forfeited school land ^y countv auditors. Approved .March 2.

Senate enrolled act No. 207 materially changes the old law regarding the publication of libels in newspapers. The new law requires the aggrieved party to serve a notice on the publisher, giving the statements which he claims to be defamatory. 11' after suit shall be brought it appears upon trial that the article was published in good faith, that its falsity was due to mistake and that a full and fair retraction was published within three days, if a daily, and 10 days if a weekly paper, in conspicuous place and type the plaintiff shall receive only actual damages. This was approved March 2 and had an emergency clause.

Senate enrolled act No. 252 requires insurance companies to add cash to their capital until it shall be equal to $100,000. Approved March 2.

Senate enrolled act No. 128 authorizes cities to rotund their indebtedness. It was approved March 2.

Senate enrolled act No. 12!) defines the manner of paying drain and sewer assessments and all'ords the privilege of paying the same by installments.

Senate enrolled act No. 112, approved March 2, authorizes circuit courts, to employ clerical assistance for probate commissioners, and fixing the manner of their compensation. Emergency.

House enrolled act No. 57 is the revised code for the government of the militia, its distinctive feature is that 111 cases where officers are compelled to fire 011 a 1110b their action shall be considered by a military rather than a civil court, it was approved March 5. Emergency.

House enrolled act Ino. 101 amends the existing law regulating the organizing of benevolent, seientilio and improvement associations. Approved March 5. Emergency.

House enrolled act No. 300 legalizes the incorporation of the town of Middleton, Henry coun ty. Approved March 5. llouse enrolled act o. 52.j authorizes and specifies the term upon which the governor, auditor and treasurer of state may issue and sell bonds. Approved March 5. Emergency.

Enrolled act No. 128 of tho senate authorizes cities and towns to sell bonds for the purpose of funding or refunding the same. It also requires city councils and boards of trustees to levy taxes for the uayment of interest 011 bonds and for a sinking fund. Emergency. Approved March 2.

Mouse enrolled act No. 11. compels railroad companies to maintain suitable waitingrooms and closets in cities and towns of more than 100 population. Approved March 5.

Senate enrolled act No. 303 is the celebrated Roby bill, it prohibits racing on any track from Nov. 15 to April 15, for purse or prize, in the presence of 50 persons. It prohibits the calling of any race meeting on any one track oftener than three times a year. The penalty for winter racing is a fine of from $100 to $500 and not more than six months' imprisonment. Emergency. Approved March 5.

Senate enrolled act No. 371 relieves certain township trustees in Vigo county 011 the payment of certain funds deposited in a bank that failed. Approved March 5.

Senate enrolled act No. 124 changes the name of the Mutual Life and Endowment association of Indiana to the Mutual Life Insurance company of Indiana. Emergency. Approved March 7.

Senate enrolled act No. 392 extends the provisions of the act of 1893, which authorized city councils to sell bonds and raise money for organized water works in which cities may be part owners. Emergency. Approved March 7.

Senate enrolled act No. 300 amends the act of 1851 incorporating the town of Vernon, Jennings county. Approved March 0.

Senate enrolled act No. 262 appropriates $10,000 annually for premiums to be awarded by the State Agricultural society. Emergency. Approved March 7.

Senate enrolled act No. 205 is along law changing the old law relative to the construction of free gravel, stone and other roads. No abstract can convey an idea of the contents of the seven sections of the bill. Emergency. Approved March 7.

Senate enrolled act No. 13 defines the duties, fixes the salaries and penalties for nonperformance of duty of county commissioners in counties having over 65,000 inhabitants and not less than 20 townships. Emergency. Approved March 7.

House enrolled act No. 97 abolishes the 80 per cent clause in insurance policies and places further power in the hands of the auditor over insurance companies. Emergency. Approved March 0.

Senate enrolled act No. 103 provides for the enumeration of school children. Approved March 5.

Senate enrolled act No. 460 fixes the time fo* holding the courts in the Forty

(ixtli judicial circuit and regarding other matters relating thereto. Apjroved Marcn 7.

Semite enrolled act No. 372 contains Hie important provision under which part of school tuition of the state shall be withheld equal to the amount of the previous year which was unexpended. Emergency. Approved March 7.

Senate enrolled act No. 211 relates to the management of waterworks in cities and towns of 5,000 inhabitants. Emergency. Approved March 7.

Senate enrolled act No. 153 repeals the existing law fixing the rules of evidence in cases where employes receive injury from railroads and other incorporations. Emergency. Approved March 7.

Senate enrolled act No. 0 fixes the number and compensation of the senate employes. Approved ^ch 20.

Senate enrolled act No. 180 requires township trustees to keep a register of orders and warrants issued and an account of all indebtedness of townships and publish tho same. Approved March 7

House enrolled act No. 040 authorizes cities with more than 2,000 and less than 2,200 inhabitants to grant and convey any market square or piece of land to a corporation which will devote it to a public purpose. Emergency. Approved March 7

House enrolled act No. 101 defines fraudulent marriages, it provides that any man who, while under prosecution for seduction or bastardy, shall marry the woman to escape prosecution and shall desert her or treat her cruelly within two years of the date of the marriage, shall 'be liable for a penalty not less than $200. Approved March 8.

House enrolled act No. 28'.) is an act concerning the purchase of toll roads and providing for the maintenance of the same as gravel roads. It provides that the cost of such roads shall be assessed upon the property in the township voting to purchase, and further that if the commissioners deem best one-third can be paid for (jut of the general fund. Approved March 8.

Hou.^e enrolled act No. 442 fixes the time of holding courts in Vanderburg, Uibson and Posey counties. Vanderburg is a district by itself and courts begin the first Monday of March, June, September and December. I11 Gibson county the term begins the first Monday of October, .January, April and July.

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Posey the courts begin the Monday succeeding the terms in Gibson. Approved March 8.

Senate enrolled act No. 11 requires street railway companies to so construct their cars that drivers and motormen shall be protected from the inclemency of the weather. Approved March 8.

Senate enrolled act No. 4!) amends existing laws relating to the organization and perpetuity of voluntary associations. It provides for the organization of orphan asylums, live stock associations, women's exchanges, etc. Emergency. Approved March 8.

Senate enrolled act No. 130 amends all laws authorizing city councils to divide cities into wards—said wards to contain as nearly an equal number of voters as possible and

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changes of lines to be

made oftener than once in two years. Emergency. Approved March 8. Senate enrolled act No. 11 authorizes cities of 10,000 population or more to provide for police matron who shall be not less than 35 years of age, to be recommended by not less than 20 women and five nu in writing. This act is not compulsory. Emergency. Approved March 7.

House enrolled act No. 384 lays a tax of 1-0 of a mill

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House enrolled act No. 023 authorizes the county commissioners of Vigo to add $520 to the salary of the circuit judge.

The, following acts legalizing the incorporation and acts of towns were passed with emergency clauses: Wheatland, Jasper county, approved Jan. 23 Albany, Delaware county, approved Feb. 10 legalizing issue of school bonds issued by the town of Shoals, approved Feb. 10 legalizing the incorporation of Alton, Crawford county, approved Feb. 18 legalizing the incorporation of the town of Grandview, Spencer county, approved Feb. 25 legalizing the incorporation of Greenville, Floyd county, approved Feb. 28 legalizing the town of Crandall, Harrison county, approved Feb. 28 legalizing the incorporation of the town of Broad Ripple, Marion county, approved Feb. 28 legalizing the incorporation of Ossian, Wells county, approved March 5.

Senate enrolled act No. 3(59 makes the stockholders of state banks responsible for double the par value of their stock and requires that any impairment of capital shall be made good. Approved March 9.

Senate enrolled act No. 292 provides that two trustees of Purdue shall be named by the board of agriculture, one by the board of horticulture and six by the governor. Approved March 9.

Senate enrolled act No. 290 authorizes counties or townships to construct or aid in the construction of bridges over streams forming the boundary line between townships, whether in the same county or not. Emergency. Approved March 9.

Senate enrolled act No. 215 appropriates money to pay the claim of T. T. Shehan for brick paving Washington street (Indianapolis). Approved March 9.

Senate enrolled act No. 238 provides for the change rf venue from justices of the peace in certain cases. Approved March 9.

Senate enrolled act No. 359 specifies how sewers may be ordered in cities of less than 35,000 population. Approved March 9.

Senate enrolled act No. 15 authorizes the refunding of damages into the treasury of Bartholomew county. Approved March 9.

Senate enrolled act No. 195 pays R. T. Overman $1,419 for extra work on a contract in building soldiers' home. Approved March 9.

Senate enrolled act No. 05 authorizes county commissioners to purchase toll roads. Approved March 9.

House enrolled act No. 298 authorizes the transfer of insane persons from the state prisons to the asylums. Emergency. Approved March 9.

House enrolled act No. 46 is an important law amending all previous laws relative to the incorporation of cities. Approved March 9.

House enrolled act No. 325 repeals the law providing for the enrollment of veterans of the late war. Emergency. Approved March 9.

Senate enrolled act No. 193 relates to the appointment of shorthand reporters in courts of record in counties containing a population of 70,000 and more. It

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every $1 of taxable

property in the state for the support of the Normal school, Purdue and the State University. The State University gets 1-15 of a miil and the other two 1-20 each. Emergency. Approved March 8.

fixes the price of copying and the judges appoint. Emergency. Approved March 11.

Senate enrolled act No. 181 authorizes the taking of depositions to probate wills. Approved March 11.

Senate enrolled act No. 38 legalizes sheriffs' sales of real estate without an appraisement of the rents and profits. Approved March 11.

House enrolled act No. 591 makes it incumbent- on shorui's to see that convicts in the orisons are taken back to the counties from which they were sent. Approved March !.

House enrolled act No. 8!) prescribes the manner of taking appeals to supreme and appellate courts when the appeal is taken by part of the co-parties in the suit.

House enrolled act No. 018 declares that all persons, companies, corporations and associations d- siring to incorporate under the laws of Indiana must file with the secivtarv of stare duplicate copies of tlie articles of incorporation. Emergency. Approved March 1.1.

House enrolled act No. (551 legalizes the incorporation of the town of l.5rooks, Newton county. Emergency. Approved March 11.

House enrolled act No. O.'JO is the same as a previous act authorizing county commissioners to borrow money equal to one-fourth of 1 per cent to complete courthouses contracted lor prior to Feb. 1, IS!).").

House enrolled act No. 100 appropriates $(00 for the publication of the reports of the .I ndiana Academy of Science and furnishes it a room 111 the statehouse. Emergency. Approved March 11.

Senate, enrolled act No. 27(5 provides that the box containing the list of names for jurors shall be in possession of the clerk and that the only key shall be in possession of the commissioner of the opposite party from the clerk.

Senate enrolled act No. 297 makes it unlawful to take fish in any lake 111 Indiana between April 1 and June blunder penalty of not less than $10 nor more than $100. Emergency. Approved March 11.

Senate enrolled act No. 4(55 changes the name of .Jacksonville, Fountain county, to Wallace. Emergency. Approved March 11.

Senate concurrent resolution No. 21 provides for a commission of two from erch congressional district and four at large to consider the matter of a centennial industrial exposition, to serve without pay. Approved March 11.

House enrolled act No. 518 amends the law in regard to appeals from circuit to the supreme or appellate courts. Emergency. Approved March 11.

House enrolled act No. 373 provides that stolen property captured by the police shall be turned over to police comI missioners and if not claimed within six months shall be sold and the proceeds turned into the city treasury, but the owner, within a year after such sale, shall be able to recover the money, if he furnishes evidence of ownership of the I stolen goods. Emergency. Approved,

March 11. I House enrolled act No. 583 provides I for a Chickamauga commission of vetevans who served 111 that campaign, to serve without other compensation than expenses, to locate and contract for monuments marking the positions of indiana regiments on that field. It appropriates $40,000, but 110 contract shall be made without, the approval of the governor. Emergency. Approved

March 11. I House enrolled act No. (537 increases I the salary of the criminal judge of Marlon county to $3,200. Emergency. Approved March 11.

House enrolled act No. 432 lays the state tax for the next- two years as follows Nine cenls per $100 for the general fund, 5 cents for the benevolent fund, 11 cents for a school tuition fund and 3 cents for a sinking fund. Emergency. Approved March 11.

House enrolled act No. 53(5 authorizes the bureau of statistics to collect and publish from time to time agricultural and other timely statistics. Emergency. Approved March 11.

House enrolled act No. 335 is an important measure relating to gravel roads and their maintenance. Its purpose seems to be to hold officials to closer responsibility. Emergency. Approved March 11.

House enrolled act No. 2(5(5 legalizes all ordinances of the council of Indianapolis in making additions and in improvements in such additions. Emergency. Approved March 11.

Senate enrolled act No. 480 is known as the "benevolent institutions bill," which gives half of the trustees to each party and establishes the merit system. Emergency. Approved March 11.

Senate enrolled act No. 327 rests the management of the state library in the board of education. It contains stringent provisions regarding the care of the books, etc. Approved March 11.

Senate enrolled act No. 331 subjects any railroad company or other corporation, or their agents, to exemplary damages if any discharged employe shall be blacklisted. Emergency. Approved March 11.

Senate enrolled act No. 337 provides that when a charge is made that a person is of unsound mind and incapable of attending to his business, the matter shall be determined in court, and contains other regulations about guardians. Approved March 11.

Senate enrolled act No. 350 prohibits the sale or giving away of any book, paper or picture giving the chief features of the commission of crime, the acts and pictures of criminals or of men or women in lewd and unbecoming positions or improper dress. Penalty is a fine not less than $10 nor more than $200. Approved March 11.

Senate enrolled bill No. 474 creates boards of control for the prisons to be appointed by state officers. Vetoed, but passed over veto.

Senate enrolled act No. 393 gives Russell Harrison's electric company authority to supply power and light. Approved March 9.

Senate enrolled act No. 421 enables persons, meaning Mrs. May, to bring suit against tne state. Approved March 11.

Senate enrolled act No. 399 empowers lodges to transfer stock held by them in corporations. Emergency. Approved March 11.

Senate enrolled act No. 852 legalizes the records of certain superior and circuit courts. Emergency. Approved Marcli 11.

Senate enrolled act No. 4 makes the salary of tlie coroner of Marion county $8,000 a year. Emergency. Approved March 11.

Senate enrolled act No. 418 fixes tho time of holding the circuit courts in Harrison and Crawford counties. Emergency. Approved March 9.

Senate enrolled aet No. 186 exempts persons who are too feeble and too poor

to pay highway taxes therefrom. Emergency. Approved .March 11. Enrolled act No. 105 is the famous Nicholson bill, printed in full. Approved March 11, but 110 emergency.

Senate enrolled act No. 213 amends charter of Torre Haute. Approved March 11.

Late Monday night these acts were returned with the approval of the governor: Senate act No. 2!), relative to railroad companies No. 57, relating to money or property donated for benevolent purposes: No. 99, establishing meridian line-: No. 118, concerning proceedings in civil cases: No. 148, concerning tlie construction of water works No. 149, providing free peddling license for exUmon soldiers No. 177. concerning proceedings civil cases: No. 22i5 concerning persons receiving aid from public funds No. 200. relating to the incorporation of cities No. 33b, concerning proceedings in criminal cases No. 372, legalizing proceedings of the town of Warren No. 44 1. providing for appropriation of grounds for cemeteries.

House bill No. 23!). known as the fee and salary bill. Approved March 11, but accompanied with protest against alleged inequalities.

House enrolled act No. 58b. General appropria ions bi 11. About 25 unimportant measures were still in the hands of the governor Tuesday night. sasM

Vetoed hskI .subsequent ly IJ iss('d. House enrolled act No. 5s7 is the socalled regency act for the soldiers' monument. Vetoed. Passed over veto.

House enrolled act No. 1"h is a legislative apportionment law. Vetoed. Passed over veto.

House enrolled act No. 150 repeals the apportionment act of 1893 011 the ground that the courts have practically declared it unconstitutional. Vetoed. Passed over veto.

House enrolled act No. 474 provides for the appointment of boards of control for the state prisons, the board to be appointed by the governor, secretary of state, auditor, treasurer and attorneygeneral. Emergency. Vetoed March 7. Passed over veto.

Senate enrolled bill No. 158 is designed to curb assessors. Vetoed but passed over veto.

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House enrolled act No. 622 provides for congressional apportionment. Vetoed but passed over veto.

Senate enrolled act No. 119 provides for the change of county seat in Jackson county. Vetoed and passed over veto.

House enrolled act No. 330 postpones tin election of cotnty school superintendents until after the township trustees elected last fall come into office. Vetoed but passed over veto.

House enrolled bill No. 128 provides for a superior court in Lake. Porter and Laporte counties. Vetoed but passed over veto.

Act to oust the statehouse custodian. This is the measure that precipitated the final row of the session.

Congressional Districts^

First Posey, Gibson, Vanderburg, Pike, Warrick, Spencer. Second—Knox, Daviess, Martin, Lawrence, Munroe, Owen, Green, Sullivan.

Third Dubois, Perry. Crawford, Orange, Washington, Harrison, Floyd, Clarke, Scott.

Fourth—Brown, Bartholomew, Jackson, Jennings, .lefferson, Switzerland, Ohio. Dearborn, Ripley, Decatur.

Fifth—Vigo, Vermillion, Parke, Clay, Putnam, Hendricks, Morgan. Sixth—Hancock, Shelby, Rush, Henry, Wayne, Fayette, Union, Franklin.

Seventh—.Marion. Johnson. Eighth Madison, Delaware", Randolph, Jay, Blackford, Wells, Adams.

Nintli—Fountain, Montgomerv, Tipton, Boone, Hamilton, Clinton, Carroll. Tenth—Lake. Porter, Laporte, Newton, Jasper, White, Benton, Warren, Tippecanoe.

Eleventh Cass, Miami, Wabash, Huntington, Grant, Howard. Twelfth—Allen, Whitley, Noble, Do* kalb. Steuben, Lagrange.

Thirteenth—Kosciusko, Elkhart, St. Joseph, Marshall, Fulton, Pulaski, Starke.

NICHOLSON IJILL.

Full Text of t.ho iMoasuro iih Finally Sent to tlie Governor. The following is the Nicholson bill as finally nassod:

An act to better regulate and restrict the sale of intoxicating, spirituous, vinous and malt liquors and providing penalties for violation of the same.

Section 1. Be it enacted by the general assembly of the state of Indiana, that hereafter all persons applying for license before the board of county commissioners. under the existing law of the state of Indiana, to sell spirituous, vinous, malt or other intoxicating liquors, shall, in such application, specifically describe the room in which he desires to sell such liquors, and the exact location of the same, and if there is more than one room in the building in which said liquors are intended to be sold, said applicant shall specifically describe and locate the room in which he desires to sell such liquors in such building.

Provided, that no license shall be granted to any other than a male person over the age of 21 years, and who shall at the time be of good moral character, and provided, further, that no such person shall be deemed of good moral character if within two years of the time when such application is made he shall have been adjudged guilty the second time of violating any of the provisions of this act.

Sec. 2. All persons holding license issued under the law of the state of Indiana authorizing the sale of spirituous, vinous, malt or othor intoxicating liquors in less quantities than a quart at a time shall provide for the sale of such liquors in a room separate from any other business of any kind, and no devices for amusement or music of any kind or character, or partitions of any kind shall be permitted in such room. And provided, further, that if such applicant for license desires to carry on any other or different business he shall state the same in his application for license and the same may be granted or refused by the board of commissioners hearing such application and such permission shall be stated in the license, if granted.

Sec. 3. Any room whore spirituous, vinous, malt or other intoxicating liquors -are sold by virtue of a license under the law of the state of Indiana, shall be so arranged that the same shall be securely closed and locked and admission thereto prevented and all persons excluded therefrom upon all days and hours upon which the sale of such liquors are prohibited by iaw. It is hereby made unlawful for the proprietor of such a place and the business herein contemplated of selling intoxicating liquors to permit any person or persons other than himself and family to go into such room and place where intoxicating liquors are sold

upon such .'lavs ami hours when the Rite of such liquors is prohibited by law. The fact that any person or persons are permitted to be in or go in or out of such room upon any day or hour when the sales of such liquors are prohibited by law shall be prima facie evidence of guilt upon the trial of a cause charging: the proprietor of svc'.i room with violating the law in i- sale of such liquors upon such days or hours.

Sec. 4. Any room where intoxicating1 liquors are sold by virtue of a license issued under the laws ot the state of Indiana for te.e sale of spirituous, vinous, malt or o! her intoxicating liquors in less oi a:it:tic Than a ouart at a time, with, permission to cirink the same 011 the premises, shall be situated upon the ground floor or basement of the building wue lie same are sold and in a room irouting the street, or highway upon winch said building is situated, and ud room shall be so arranged, either with window or glass door, as thai the who] of said room may be in view the street or highway, and m.» blinds, screens or obstructions to the view shall be arranged, elected, or placid so to nrevent the entire view of said room from the street or highway upon which the same is situated, during such days and hours when the sale of such liquors are prohibited by law. L-pon conviction for the violation of this or either of the foregoing sections of this act the oefeno.au!" sliail lie lined in any sum not less than *10 nor more than $100, to which may be added imprisonment in the county jail not 'exceeding 510 days, and, in case of conviction for the second oflense, either upon a plea of guiltv or conviction upon trial thereof, in any circuit, superior, criminal, justice or oolice court of Indiana-, as a pn.rfc of the judgment- the court may make an order revoking the license of the person convicted, which said judgment shall have the effect to completely annul and set aside such license and all privileges and rights under the same. And in ion the third conviction or plea, of guilty entered tin* court rendering judgment thereon shall annul and set aside such license and all privileges and rights under the same.

Sec. "). Any person engaged in the sale of spirituous, vinous, malt or any other intoxicating liquors to be drunk as beverage, who shall allow, suffer or permit any person under the age of 21 years to loiter in the saloon or place of business where said person is engaged in the sale of spirituous, vinous, malt or other intoxicating liquors as aforesaid, shall, upon conviction thereof, be fined in any sum not less than $10 nor more than £100, to which imprisonment in the county jail may be added, not exceeding da vs.

Sec. (. Whoever, directly or indirectly, sells or delivers any spirituous, vinous, malt or other intoxicating liquors to any person under the age of 21 years, either for his own use or for the use of anv other person whomsoever, shall be lined in any sum not more than $100 nor less than $20, to which may be added imprisonment in the county jail not exceeding 1)0 days.

Sec. 7 it is hereby made the duty of all peace officers, towit: Town and city marshals, policemen, sheriffs and constables, residing in the township, town or city 111 which anv saloon may be hereafter located, to enforce the provisions of this act-

Sec. No more than one license shall be granted or issued to any one person, and 111 110 ease to any person other than the aerual owner and proprietor of said business, who must apply in his own name and hi' a continuous resident of the township in which rlie application for license is made at least 5!) days' tiuie prior to the time of application, and no license shall be granted or issued to any person who, 111 his application for the same, is acting as the agent for another, or who proposes to conduct said business as the agent or partner of another person. Provided. that 111 ease of the insanity or death of the person holding a license under the provisions of the law now in force, before the expiration of the year for which the same was granted, the county or city treasurer shall, 011 the order of the board of the commissioners of the county or couueil of such city, refund to the guardian of such insane person, and heirs, executors or administrators of the said decedent or insane person, the proportionate part of the license fees for the unexpired part of said year, which such treasurer has received for such license.

Sec. !). if three days before any regular session of the board of commissioners of any county, a remonstrance in writing, signed by a majority of the legal

voters of

any township or w-ird in

any citv situated in said county, shall be'filed* with the auditor of the county against the granting of a license to any applicant for the sale of spirituous, vinous. malt or other intoxicating liquors under the law of tho state of Indiana, with the privilege of allowing the sameto be drunk on the premises where sold, within the limits of said township, off city ward, it shall be unlawful thereafter for such board of commissioners to grant such license to such applicant therefor during the period of two year* from the date of the filing of such remonstrance. If any such license should be granted by said board during said period, the same shall be null and void, and the holder thereof shall be liable for any sales of liquor made by him, the same as if such sale were made without license. The number to constitute s» majority of voters herein referred to shall be determined by tlie aggregate) vote cast in said township, or city ward, for candidates for tho highest office at the last election preceding the filing of such remonstranco.

Sec. O'W. It shall be unlawful for any spirituous, vinous or malt liquor to be sold or given away in any drug store in any quantity except upon the written prescription of a respectable practicing physician. Any person violating any of the provisions of this section shall be fined for the first ofense the sum of $25, and for the second offense in any sum not less than $25 nor more than $200, to which not exceeding six months' imprisonment may be added.

Sec. 10. All the provisions of this

act

shall apply to persons, places and sale* of spirituous, vinous, malt and other intoxicating liquors, whether conducted under tho law of the state of Indiana* licensing, regulating and restricting the sales of such'liquors to bo used as a beverage, or by virtue of any law of the United States, except as to the provisions for obtaining, revoking and remonstrating against, license, which apply only to proceedings under the laws of the state of Indiana.

Provided, that this section shall not apply to persons who hold a prescription from a reputable physician for aajr drugs or medicines, or to any per** selling the same.