People's Pilot, Volume 4, Number 40, Rensselaer, Jasper County, 23 March 1895 — NICHOLSON BILL. [ARTICLE]

NICHOLSON BILL.

Full Text, of th« Measure as Finally Sent to tlie 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 rhe 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 commissioner-.. under the existing law of the state of Indiana, to sell spirituous, vin ous, malt or other intoxicating liquors, i 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 rhe 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, vim nalt or other intoxicating liquors in le>.- 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 he 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 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 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 days and hours when the sale ■ of such liquors is prohibited by law. i 1 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 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 where 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 $lO nor more than SIOO, 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 set 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 $lO nor more than SIOO, 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 SIOO nor less than S2O, to which may be idded imprisonment in the county jail not exceeding 90 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 in which any saloon may 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 i 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 therej after for such board of commissioners to I grant such license to such applicant ' therefor during the period of two years from the date of the filing of such re- ■ monstrance. If any such license should j be granted by said board during said , period, the same shall be null and void, j 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 a i majority of voters herein referred to ■ shall be determined by the aggregate i vote cast in said township, or city ward, ! for candidates for the highest office at I the last election preceding the filing of j such remonstrance. j Sec. It shall be unlawful for any I 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 phy- ; sician. Any person violating any |of the provisions of this section shall be fined for the first ofI ense the sum of $25, and for the second offense in any sum not less than $25 nor more than S2OO, to which not exceeding six months’ imprisonment may be added. j 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 sales of such liquors to be used as a beverage, or by virtue of any law of the United States, except as to the provu ions 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 any I drugs or medicines, or to any perso® r-llfog the aaxu®, ;

Real Estate Transfers. Chas E Martin toWm G Baker, Feb 26, n|se, tie sw, 27 29-5, 120 acres, Hanging Grove, $4,320. Jos ’F Iliff to John W McConhay. Feb 19, Its 16, 17, bl 30, Weston’s Add, Rensselaer, SBOO. George Peters to George F. Peters. March 5, It 7. bl 2,Hogan, It 2, Schmidt’s Add,Hogan,sl2oo. Sarah J Knight to James Snell. Apr 6, ’93, Its 3,4, bl 9, Remington, $1,200. James Snell to Wm. C. Kirk, Feb 27, same as above, $1,200. Charles H and Geo F Shaull to Andrew Peller to John Klinzeman, March 2, sw, s end nw 2827- Carpenter, 184 acres, $1399. William C Kirk to William E Seymour, March 1, Its 4,5, 6, 10, 11, 12, bl 2, Bartoo’s Add, Remington, $550. ChasG Austin toAmosFShester, Mar. 1, pt nl ne, 31-27-7, 80 acres, Carpenter, $4,400. Benj. Van Dusen to Clarence E Sigler, Feb 19, frac sw nw 30-32-6, Wheatfield, SBOO. Clara Frame to Clarence E Sigler, Feb 19, ne corner nw 30-32-6, 5 acres, Wheatfield, S3OO. JohnWKeen to Hippolyte Conrad, F 25, sw se 30-28 7, 40 acres, Jordan, SI,BOO. Huffman Keen to Hippolyte Conrad, Feb 25, el frac sw, nw se, 30-28-7, Jordan, $4,000. James Maloy to Frank Maloy, March 4, I's j. l.i, 11, 12, 13, 14. 15. bl 2G. 1..> 7, 10, bl 39, Weston’s Ado, itoasselaer, $2. FrankMaloy to James and Anna Maloy, March 4, same as above, $2. Elizabeth A Duvall to George B and Mary L Switzer, March 2, el se 18-30-6, 80 acres,Union,sl,ooo. James F Martin to J B Pope, Oct 10, sw se 22-31-5, 40 acres, Gillam, SIOO. James C 'McColly to Samuel F Mercer, March 4, Its 14, 15, bl 32, Weston’s Add, Rensselaer, sl. Asa A Brown to Benj J Gifford ‘March 1, ne nw 33-31-6, Walker, S4OO. Charles D Nowels to William Freeman, March 1, w| w| 1-29-7, 292 acres, Marion, $13,455. Cornell and Forest Merrill, to Wm Birkett, Sept. 14. ’94, s| nw, nA- sw 32-27-6, 160 acres, Carpenter, $8,960. Enoch B McCashen to John P Johnson, March 2, nl se 26-28-6, nw sw 25-28-6, Milroy, $4,200. James M McDonald to John C Fisher, Feb 21, e side ne ne 1928- nw nw 20-28-5, 70 acres, Milroy, $2,100. Richard A Edward to Daniel Warner, Feb 15, w| ne, el nw 34-29-5,160 acres, Hanging Grove, $4,960. Fritz Zard to Geo Ziegler, Feb

13, 316 acres in 6-31-29-s,Hanging Grove, $11,700. George E Streeter to John and Fred Klinzman, Mar 2, sw, n| se 17 27-6, 240 acres, Carpenter, $1,200. Rebecca Scott to Arthur D Wooden,March 1, eptne 28-27-6, 80 acres, Carpenter, $4,350. Sarah A Thompson to Alpheus Elmore. March 2, Its 1. 2, bl 17, Remington, $1,600. Mary E Pool to Julia Hart,Feb 26, n| 4,5, bl 16,Remington,$900. Elmei’ F Emery to John M Ott. Feb 25, Its 4,4, 5. 6,7, 8, 9. bl 9 and pt ofWebber st.Bruell’s Add, Remington, S7OO. Abraham Leopold to James N. Tanner. March 6, Its 11. 14, bl 11, Leopold’s Add, Rensselaer, $735. James F Watson t® William W Frances,Marcn 6, pt nw nw 2-28-b, ne ne, e side nw ne 3-28-6. e side se 34-29-6. pt wl sw 35-29-6, 213 acres, Marion, $9,622. S C Brockus to S B Moffit,Mar 4, It 3 bl 7, Fair Oaks,Trust deed, $56. Cora Hayes to Samuel Remley, Mar 2, pt Its 5. 6, bl 1, Bentley’s Add. Wheatfield, $540. John M Schultz, assignee, to Wm B Austin, March 4, se se 32-31-6, sw sw 33-31-6, 80 acres. Walker, $435. James G Francis to Albert W Wooden, Feb 28, s| se, si nl se 21-27-6, 120 acres, Carpenter, $6,720. Geo G Prevo and Jesse L Prevo. to Wm H Piper, March 6, nw ne 14-30-5, sw se 11-30-4, 89 acres, Gillam, $2,880. ■'Etna Life Ins. Co., to Robt M Eyestone, March 5, se se 24-29-5, 600 acres. Hanging Grove, and 45 acres in Pulaski county, $9,000. Reason L P Massey to Geo J Freshour, Feb 28, w| nw 11-30-5, 80 acres, Gillam. $2,800. Andrew J Emery to Amos G Pumphrey, Nov 3, ’54, si nw, 1-28-8, 80 acres, s| el nw 33-29-7, 40 acres. $1,300. Jesse F Smith to Christiana Zea, March 4. w| sw, sw nw, 9-28-6, 220 acres, Marion, $7,000.

'John S. Moorhead to Sall in P 4 Hinds and Fred E Bowman. Feb 27, It 1 bl 18, Remington. S9OO. John Wolff to Elisha F. Shot*, Sept 10, ’94. sA nw 25 28 7. se ne 26-28-6, 120 acres, Jordan, $b,300. GeoW. Foulks lo John Wolff. Oct 20, pt n| ne 22-28-6, 80 acres, Milroy, $1,6u0. Charles C Fish to Joseph F Iliff, Feb 20, ne nw 9-30 6. 40 acres, Barkley, $425. Joseph F. Iliff to Frances E. Marion. Feb 20, sama as above, quit-claim $425. Andrew Faris to Elizabeth Eberle, Feb 9, s| se 1-30-5, ne ne 12-30 5, 120 acres, Gillam $3,360. Huldah Mallett to ChasE Harlacher, Feb 14, und | w 4 It 5 bl 8, Remington. $75. Asa A Brown to Benj J Gifford. Feb 18, si sw 27-31-6, Walker ’ SBOO. Jacob M Troxell to David S Alter, Feb 12,’94, nw 26-31-7, 169 acres, quit-claim, Union, sl. G K Rollingvwortji to Elizabeth Simpson, Feb 23, wA of pt j Its 10, 11-14, bl 37, Weston’s Add, Rensselaer. SBOO. Geo W Reigle to. Joseph Osborne Feb 20, pt Its 5,6, bl 8, I Remington, SBSO. Daniel McNabb to James B I Foley, Feb 26, ne 34-10 5, 160 j acres, Gillam, $3,200. 1 Same to same Sept 20,’94, es se 25-30-5, 80 acres, Gillam, quitclaim, SBOO. Herman Bollman to Christoph- I er Schroeder, Feb 20. s pt se sw I 8 31-6, Walker, $3lO. Joseph Mitchell to .L;ives Me- I Mannis, March 1, sw . J-6, 164 I acres, Marion, $7,000. I Judson H Perkins to Edgar L. I Bruce, March - sw 33-29-6, I 80 acres, Marion. $3,200. I James C Whitaker to Larkin H j Whitaker, Feb 3, ’94, wl sw 34 I 30-5, 20 acres, Gillam $5,000. I Samuel J Hunter to Thomas I Adamson, Feb 12, 100 acres in 1 22-23-29 5, Hanging Grove $25. I Wellington A Traugh to Olive I Foster, Feb 20, pt n| nw 30-27-6,1 Carpenter, $1,300. I