Greenfield Republican, Greenfield, Hancock County, 14 March 1895 — Page 5

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INDIANA'S NEW LAWS

Compilation of the Acts of the fiftyninth General Assembly.

SIXTY DAYS OF LEGISLATION

Synopsis of New and Amended Statutes. Notable Political Measures Which Were Passed Over the Governor's Veto—Full

Text of the Famous Nicholson Bill. New Congressional Districts.

Sixty days of legislative work was completed Monday night March 11, with a result of many added and amended laws, a synopsis of all of which are appended. Something like 1,200 measures were proposed during the session, but many of these met discouragement and defeat in one branch or the other. Notable among the political measures ^were those providing for new congressional and legislative apportionments, the constitutionalty of which will doubtless be tested in the courts the bill ousting the trustees of the north and south prison boards the bill reorganizing the benevolent institutions the fee and salary law and a few others, all of which were passed over the governor's veto.

ACTS AND Til EI It TITLES.

Jfew Measures Which Will Stand on the Statutes Until Repealed.

The following measures, passed by both houses and approved by the governor, have been filed with the secretary of state:

The first act passed was that appropriating $100,000 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. 259 became a law Jan. 23. It fixed the number of employes in the house, creating a doorkeeper, a cloakroom custodian and eight assistant doorkeepers at $5 per day, and four janitors at $3 per day, four pages at $2 a day, 17 clerks at $5 and a folding clerk at $3, six committee clerks at $o.

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 1891 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. 66, house, approved Feb. 16, 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 sworn, 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. Where 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. 16, 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. 93, approved Feb. 16, 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. 16 which provides that boards of county commissioners in counties where contracts were let and courthouses begun before January, 1895, may issue bonds not exceeding 1 per cent of the assessed valuation of the taxable property of said counties, in addition to any loan /or 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. 28, 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 aots of notaries who, acting in good faith, ha«l no commissions when papers •were certified, or who are ineligible for any cause. Emergency. It was approved Feb. 23.

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

The 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 the support of any veteran and his wife actually at the home. Approved Feb. 95.

Enrolled act No. 186, house, appro* priates $0,033.27 for street paving in nont of public buildings and lots. Approved Feb. 86.

Enrolled act No. 58, senate, establishes a superior court in Madison county, the judge to have the salary of the other superior court judges. Auproved Feb. 25. HJ

Enrolled act Mo. 20, senate, is a resolution authorizing B. S. Hatcher to in* vestigate. all matters relative to the state sasl'and report to the next senate.

Ffeb. 27. iot Ko. 18& houi^,relfrt!&6 to a of hedge and other) live

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fences along dividing lines. It provides that hedges shall be trimmed to. five feet in hight 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 township trustee, after due notice, shall cause the hedge to be trimmed and begin a suit against the owners of the proDerty. Approved Feb. 28.

House enrolled act No. 312 establishes aboard 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 flatboats on shore for a longer period than ten hours without the consent of the owner. A penalty not less than $5 and no more than $.20 is provided. Approved Feb. 2S.

House enrolled act No. 341 relates to taxation, being an amendment of sections 11, 114, 115, 125 and 129 of the act of March 6, 1S91. It defines specifically when property shall be taxed, provides for comity boards of review, composed of auditor, assessor and treasurer and two freeholders, and defines its powers and extends the session of the state board of review. Approved March 1.

Senate enrolled act No. 106 legalizes the appointment oi' township trustees by county commissioners where the predecessors of such trustees are of unsound mind.

House enrolled act No. 61 regulates tobacco warehouses. It was approved March 2.

Senate enrolled act No. 18, approved March 2, calls for an accounting of the proceeds of the swamp land fund by the treasurer of state.

Senate enrolled act No. 48 extends the jurisdiction of the police judge of Indianapolis and increases his salary to $2,500. Approved March 2.

Senate enrolled act No. 54 legalizes the sale of forfeited school land by county 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. If 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 tne plaintiff shall receive only actual damages. This was approved March 2 and had an emergency Cl«iUS6

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

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

Senate enrolled act No. 129 defines the manner of paying drain and sewer assessments and affords the privilege of paying the same by installments.

Senate enrolled act No. 142, 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 in cases where officers are compelled to fire on a mob their action shall be considered by a military rather than civil court. It was approved March 5. Emergency.

House enrolled act No. 101 amends the existing law regulating the organizing of benevolent, scientific and improvement associations. Approved March 5. Emergency.

House enrolled act No. 306 legalizes the incorporation of the town of Middleton, Henry county. Approved March 5.

House enrolled act No. 525 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 the 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 payment of interest on bonds and for a sinking fund. Emergency. Approved March 2.

House enrolled act No. 11 compels railroad companies to maintain suitable waitmgrooms 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 on 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. 892 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. 360 amends the act of 1851 incorporating the town of Vernon, Jennings county. Approved March 6.

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 oontents of the seven sections of the bilL Emergenoy. 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 6.

Senate enrolled act No. 163 provides for the enumeration of school children. Approved March 5.

Senate enrolled act No. 466 fixes *the time fo* holding the oorotointheFortyr

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GREENFIELD REPUBLICAN, THURSDAY, MARCH 14,1895.

•uxth judicial circuit and regarding other matters relating ^thereto. Approved March 7.

Senate 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. 6 fixes the number and compensation of the senate employes. Approved Mf^ch 26.

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 the same. Approved March 7.

House enrolled act No. 646 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. 107 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. 289 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 out of the general fund. Approved March 8.

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enrolled act No. 442 fixes the

time of holding courts in Vanderburg, Gibson and Posey counties. Vanderburg is a district by itself and courts begin the first Monday of March, June, September and December. In Gibson county the term begins the first Monday of October, January, April and July. In 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. 49 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. 138 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 no 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 men in writing. This act is not compulsory. Emergency. Approved March 7.

House enrolled act No. 384 lays a tax of 1-6 of a mill on 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 mill and the other two 1-20 each. Emergency. Approved March 8.

House enrolled act No. 623 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. 16 legalizing issue of school bonds issued by the town of Shoals, approved Feb. 16 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 Hippie, Marion county, approved Feb. 28 legalizing the incorporation of Ossian, Wells county, approved March 5.

Senate enrolled act No. 369 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 ba named by the board of agriculture, one by the board of horticulture and six by the governor. Approved March 9.

Senate enrolled act No. 296 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 Maroh 9.

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

Senate enrolled act No. 859 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. 65 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. 825 repeals the law providing for the enrollment of. veterans of the late war. Emergenoy. Approved March 9.

Senate enrolled act No. 193 relates to the appointment of, shorthand reporters ip courts of recojfd in cdtinties containing a population pf'70*000 and more. It

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' salos of real estate without an appraisement of the rents and profits. Approved March 11.

House enrolled act No. 591 makes it incumbent on sheriffs to see that convicts in the prisons are taken back to the counties from which they were sent. Approved March 9.

House enrolled act No. 89 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. 618 declares that all persons, companies, corporations and associations desiring to incorporate under the laws oi: Indiana must file with the secretary of state duplicate copies of the articles of incorporation. Emergency. Approved March 11.

House enrolled act No. 651 legalizes the incorporation of the town of Brooks, Newton county. Emergency. Approved March 11.

House enrolled act No. 630 is the same as a previous act authorizing county commissioners to borrow money equal to one-fourth of 1 per cent to complete conrthouses contracted for prior to Feb. 1, 1895.

House enrolled act No. 106 appropriates $600 for the publication of the reports of the Indiana Academy of Science and furnishes it a room' in the statehouse. Emergency. Approved March 11.

Senate enrolled act No. 276 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 in Indiana between April 1 and June 15 under penalty of not less than $10 nor more than $100. Emergency. Approved March 11.

Senate enrolled act No. 465 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 distriot and four at large to consider the master of a centennial industrial exposition, to serve without pay. Approved March 11.

House em-olled act No. 548 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 commissioners 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 stolen goods. Emergency. Approved March 11.

House enrolled act No. 583 provides for a Chickamauga commission of veterans who served in that campaign, to serve without other compensation than expenses, to locate and contract l'or monuments marking the positions of Indiana regiments on that field. It appropriates $40,000, but no contract shall bo 'made without the approval of the governor. Emergency. Approved March 11.

House enrolled act No. 637 increases the salary of the criminal judge of Marion 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 cents 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. 536 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. 266 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 eacl 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 prohibit* 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 fine not less tnan $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. 893 gives Russell Harrison's electric company authority to supply power and light. Approved March 0.

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

Senate enrolled act No. 809 empower* lodges to transfer stock held by them in corporations. Emergency. Approved March 11.

Senate enrolled act No. 852 legalize* the records of certain superior and circuit courts. Emergency. Approved March 11.

Senate enrolled act No. 4 makes the salary of the ooroner of Marion county $3,000 a year. Emergency. Approved March 11.

Senate enrolled act No. 413 fixes the time of holding the circuit oourts in Harrison and Crawford counties. Emer genoy. Approved Maroh 0.

Senate enrolled act No. 186 exempt? persona who .are too feeble and too pooi

to pay highway taxes therefrom. Emergency. Approved March 11. Enrolled act No. 165 is the famous Nicholson bill, printed in full. Approved March 11, but no emergency.

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

Late Monday night these acts were returned with the approval of the governor: Senate act No. 29, 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 the construction of water works No. 149, providing free peddling license for exUnion soldiers No. 177, concerning proceedings in civil cases No. 226 concerning persons receiving aid from public funds No. 286, relating to the incorporation of cities No. 338, concerning proceedings in criminal cases No. 372, legalizing proceedings of the town of Warren No. 444, providing for appropriation of grounds for cemeteries.

House bill No. 239, known as the fee and salary bili. Approved March 11, but accompanied with protest against alleged inequalities.

House enrolled act No. 588. General appropriations bill. About 25 unimportant measures were still in the hands of the governor Tuesday night.

Vetoed and Subsequently Passed.

House enrolled act No. 587 is the socalled regency act for the soldiers' monument. Vetoed. Passed over veto.

House enrolled act No. 157 is a legislative apportionment law. Vetoed. Passed over veto.

House enrolled act No. 156 repeals the apportionment act of 1893 on 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.

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 the 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, Jefferson. .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.

Ninth—Fountain, Montgomery, Tipton, Boone, Hamilton, Clinton, Carroll. Tenth—Lake, Porter, Laporte, Newton, Jasper, White, Benton, Warren, Tippecanoe. I

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

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

NICHOLSON BILL.

Full Text of the Measure as Finally Sent to the Governor.

The following is the Nicholson bill as finally uassed: 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 other intoxicating liquors in less quantities than a quart at a time shall provide for the sale of suoh 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 •hall be permitted in such room. And provided, further, that if such applicant for lioense desires to carry on any other or different business he shall state the f»n.ma in his application for lioense and the same may be granted or refused bv the board of commissioners hearing such application and suoh permission shall be stated in the license, if granted.

Sec. 3. Any room where 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 looked and admission thereto prevented and all persons excluded therefrom upon all days and hours upon which the sale of suoh 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 otljeathan him-: self and 'family to gp into such room and plaoewhere in toxioating liquors Me sud

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upon such days and hours when the sale 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 wheu the sales of such 1? qnors are prohibited by law shall be prima facie evidence of guilt upon the trial of a cause charging the proprietor of such room with violating the law in the sale of such liquors upon such days or hours.

Sec. 4. Any room where intoxicating liquors are sold by virtue of a license issued under the laws of the state of Indiana for the sale of spirituous, vinous, malt or other intoxicating liquors in less quantities than a quart at a time, with permission to drink the same on the premises, shall be situated upon the ground floor or basement of the building wiiore the same are sold and in a room fronting the street or highway upon which said building is situated, and said room shall be so arranged, either with window or glass door, as that the whole of said room may be in view of the street or highway, and no blinds, screens or obstructions to the view shall be arranged, erected, or placed so as to prevent 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. Upon conviction for the violation of this or either of the foregoing sections of this act the defendant shall be fined in any sum not less than $10 nor more than $100, to which may be added imprisonment in the county jail not exceeding 90 days, and, in case of conviction for the second offense, either upon a plea of guilty or conviction upon trial thereof, in any circuit, superior, criminal, justice or police court of Indiana, as a part 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 upon the third conviction or plea of guilty entered the court rendering judgment thereon shall annul and sot aside such license and all privileges and rights under the same.

Sec. 5. Any person engaged in the sale of spirituous, vinous, malt or any other intoxicating liquors to be drunk as a 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 90 days.

Sec. 6. 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 any other person whomsoever, shall be fined in any sum not more than $100 nor less than $20, to which may be added imprisonment in the county jail not exceeding 90 days.

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

Sec. 8. No more than one license shall be granted or issued to any one person, and in no case to any person other than the actual owner and proprietor of said business, who must apply in his own name and be a continuous resident of the township in which the application for license is made at least 90 days' time prior to the time of application, and no license shall be granted or issued to any person who, in 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 in case 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, on the order of the board of the commissioners of the county or council 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. 9. 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 ward in any city 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 the state of Indiana, with the privilege of allowing the same to be drunk on the premises where sold, within the limits of said township, or 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 years 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 lioense. The number to constitute a majority of voters herein referred to shall be determined by the aggregate vote cast in said township, or city ward, for candidates for the highest offioe at the last election preceding the filing of such remonstrance.

Sec. 9£. 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 seoond 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 sales of spirituous, vinous, malt and other intoxicating liquors, whether conducted under the law of the state of Indiana, licensing, regulating and restricting the. Bales of such liquors to be used as a beverage, or by virtue of any law of the United States, except as to the protfa* ions for obtaining, revoking and remonstrating against license, which apply only to proceedings under the laws the state of .Indiana.

Provided, that this seotion shall apply to persons who hold a presoriptic from a roputable physician for medicines, or to

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