Jasper County Democrat, Volume 13, Number 84, Rensselaer, Jasper County, 4 February 1911 — LOCAL OPTION BILL IN FULL [ARTICLE]

LOCAL OPTION BILL IN FULL

Provisions o( Measure to Regulate Liquor Traffic. IT AMENDS THE PRESENT LAW • • - ■ ••• / .. - New Measure Substitutes For County Option, the Units of Incorporated City, Township Not Containing an Incorporated City, and the Territory Embraced Within a Township, but Exclusive‘of an Incorporated City. 9 Because of the widespread interest in the new local option liquor measure which has been passed by the legislature, this paper herewith presents the bill In full: - A bill for an act to amend Secs, one (1), two (2), three <*>. four (4), live (5), six (6), seven (7). nine (9), ten (10), eleven (11). and twelve (12) of an act to better regulate, restrict and control the sale of intoxicating liquors and providing for local option election, approved Sept 26, 1908. Sec. 1. Be it enacted by the General Assembly of the state of Indiana, That Sec. (1), of an act entitled "An act to better regulate, Restrict and control the sale of intoxicating liquors and providing for local option elections." approved Sept. 26, 1908. be amended to read as follows: Sec. 1. That whenever a petition has been signed and filed with the county auditor, as hereinafter provided, praying the board of county commissioners of any county for the privilege of determining by ballot whether the sale of intoxicating liquors as a beverage shall be prohibited within the limits of any incorporated city in said county, or in any township in said county not containing an incorporated city, or the territory embraced within any township in said county outside of and exclusive of the territorial limits of all incorporated cities in such township, such board 1 of commissioners; at its next regular session, shall order a special election to be held in the territory designated in such petition in not less than twenty (20) nor more than thirty (30) days thereafter. Such elections shall be held at the usual places for holding general elections, and ten days’ notice thereof shall be given in the same manner new provided by law ior notice of general elections. Sec. 2. That Section two (2» of the above entiled act be amended to read as follows: * Sec. 2. Such petition shall be addressed to, and filed with, the board of commissioners of the county in which said election is sought to be held, is situated. The form of petition shall be substantially as follows: PETITION FOR LOCAL OPTION ELECTION. To the Board of Commissioners of the County of. _ We the undersigned legal voters of (designate the territory for which election is petitioned) County, state of Indiana, would respectfully petition that an election be held to determine whether the sale of intoxicating liquors as a beverage shall be prohibited in said (designating the territory for which-said election is petitioned!. Name..,..,..., Address. „■....... No person shall he entitled to sign such petition except he be a bona fide legal voter in the territory in which such election is sought to be held The county auditor upon receipt of such petition, shall immediately file the same in his office. Sec. 3. That Sec. (3) three of the above entitled act be amended to read as follows:, Sec. 3. The petition for an election provided for in Sec. 1 of this act shall be deemed sufficient, and the commissioners 'shall order such an election when the petition is signed by a number of the qualified electors of the territory in which such election is petitioned for equal to not less than 20 per cent of the aggregate vote cast in the territory in w hich such election is sought to be held: Ip townships, 20 per cent of the aggregate vote cast for secretary of state at the last general election; in cities 20 per cent of the vote cast for mayor at the last elec tion, which fact shall be verified by affidavit in writing by one or more ol the petitioners who are freeholders After said petition is filed, no voter shall be permitted to sign his name thereto, or to withdraw his name therefrom. In any indictment, affida vlt or information for selling'intoxicating liquors as a beverage without li cense in such territory, it qhall not be necessary to set forth the facts show Ing that the required number of voters In such territory petitioned for the election, and that the election was held, or that a majority voted in favor of prohibiting the sale as herein provided, but It shall be sufficient tp allege that the act complained of was then and there prohibited and unlawful. Sec. 4. That Sec. four (4) of the 1 above entitled act be amended to read as follows: Sec. 4. The ballots in a special election held under the provisions of this act shall be in the, following form: Shall the sale of intoxicating (YES), liquors as a beverage be prohibited (here inserting the (NO) particular territory in which such election is held(? ,

AIT ballots marked with a b. oss in the square containing the word “Yes" Shall be counted in favor of prohibiting the sale of intoxicating liquors as a beverage in such territory, and all ballots marked with a cross in the square containing the word “No" shall be counted opposed to prohibiting such sales therein. Sec. 5. That Sec. five (5) of the above entitled act be amended to read as follows: Sec. 5. The Board of Election Commissioners for said election, held under this act, shall consist of the county auditor and two resident freeholders of the territory in which such election is to be held, one known to be in favor of prohibiting the sale of intoxicating liquors as a beverage in such particular territory, and one opposed to prohibiting such sale therein, both to be appointed by the board of commissioners of such County at the time of ordering said election. Any two members of such commission shall have full power to act in all matters enjoined upon such commission by this act. Said election commissioners shall prepare and distribute the ballots, and shall, on the day after said election, at 10 o’clock a. m.. meet at the auditor's office in the court house of said county and canvass the returns of said election and certify the result to the board of commissioners of said county. Sec. 6. That Sec. six (6) of the above entitled act be amended to read as follows: Sec. 6. The beard of commissioners, when possible, shall appoint on the election board of each precinct, one judge and one clerk known to be in favor of prohibiting the sale of intoxicating liquors as a beverage in the territory in which such election is to be held and one judge and one clerk opposed to prohibiting such sale therein. Sec. 7. That Section seven (7) of the above entitled act be amended to read as follows: Sec. 7. The certificate of said election commissioners shall be filed with the auditor of said county not later than five days after said election, and the board of commissioners of said county shall make and enter an order of the next regular session declaring the result of such an election. If a majority of the legal votes cast at said election shall he in favor of prohibiting the sale of intoxicating liquors as a beverage in the territory in which said election was held tinder this act. it shall thereafter be unlawful for said commissioners or any court to grant a license to any person for the sale of intoxicating liquors in such territory, and the board of commissioners thereafter shall have no power or jurisdiction to hear or conisder applications for license to sell intoxicating liquors nor to grant such license to any person in such territory until at a subsequent election held under this act a majority of the legal voters of such territory, voting at such subsequent election, shall vote against prohibiting the sale cf intoxicating liquors as a beverage. <* Sec. 8. That Section nine (9) of the above entitled act be amended to read as follows: Sec. 9. If a majority of the legal votes cast at said election shall he in favor of prohibiting the sale of intoxicating liquors as a beverage in such territory, then, after ninety days from the date of holding said election, all licenses for the sale of intoxicating liquors, granted in said territory after the passage of this act. shall be null and void, and the holder thereof shall be liable for any sale of liquors made by him thereafter, the same as if a license had never been issued to him. If the holder of such void license shall surrender the same within ninety days from the date of holding said election, the county, town or city issuing said license shall refund to the holder an amount proportionate with the unexpired time for which the license fee shall have been paid: Provided, however, that no license issued prior to the passage of this act shall be terminated by virtue of this act or any vote thereunder. Sec. 9. That Section ten HO) of the above entitled act be amended to read as follows:See. 10.. If a majority of the legal votes cast in any territory at an elec tion held under the provisions of this act shall be against prohibiting the sale of intoxicating liquors as a beverage in such territory, such vote shall not affect, change, or alter the legal effect of any order, judgment, ordinance, remonstrance or action making it unlawful for the board, of commissioners, or any city or town, to grant a license for the sale of intoxicating liquors in any particular township, city ward, residence district or to any person, but such order, judgment, re monstrance or ordinance shall remaifi in full force and effect according to the provisions of the statute under which said remonstrance was filed, or 0 such ordinance enacted. And in such cases the legal voters of any township or ward may remonstrate against the granting of a license to sell intoxicating liquors as now provided by law the same as If no election had been held. Sec. 10. That Sec. eleven (11) of the above entitled act be amended to read as follows: Sec. 11. In all elections hereunder, and in all matters and proceedings not herein otherwise specified, all the provisions, including penalties, of the general election laws of the state shall apply as far as the same are applicable. When an election is held under the provision of this act in any incorporated city all expenses of such elec-1 tion shall be paid by such incorporated City; when an election is held under the provisions of this act in any township outside of any incorporated city

or cities therein, all expenses of such election shall be paid by such township. The auditor of the county in which the petition for such election was filed shall file with the clerk or controller of such incorporated city, or with the township trustee of such township, as the case may be, an itemized statement of the expenses of such election, setting forth the names of each person to whom the game are payable, and such expenses shall be paid out cf the general fund of such efty or township, as the case may be, without any specific appropriation being made therefor. Sec. 11. That Sec. twelve (12) of the above entitled act be amended to read a 8 follows: Sec. 12. Nothing contained in the provisions of this act shall affect, amend, repeal, cr alter in any way the act entitled ‘An act to better regulate and restrict the sale of intoxicating, spirituous, vinous and malt liquors, providing penalties for the violation of the same, providing for the enforcement thereof, and providing for remonstrance against the granting of license for the sale of the same, and conferring jurisdiction upon police courts and justices of the peace in cases of violation of the provisions of this act and other laws of the state on the subject of selling intoxicating liquors,” approved March, 1 Irh. 1895,1 commonly known as “The Nicholson Law,” nor the act to amend section nine of the above entitled act approved February 15th, 1895. commonly known as “The Moore Remonstrance Law,” nor any law or ordinance which prohibits throughout any township, ward or residence district the sale of intoxicating liquors, but this act shall be deemed additional and supplemental thereto. Nothing in this act shall in any manner affect any remonstrance which has already been filed, or order made thereon against the granting of license ! to sell intoxicating liquors in any ward or township in this state, or against any particular applicant for license, nor shall this act in any manner affect the result of the vote of any county in i this sta*e obtained at any election held prior to January Ist, 1911, pursuant to I the provisions of the act of which this is amendgtory: Provided, That the result of the vote of any such election in any county shall be effective ana operative for the period of two years only from the date of such election. Sec. 12. Whereas, an emergency exists for this act; the same shall be in full force from and after its passage.