Rensselaer Republican, Volume 27, Number 30, Rensselaer, Jasper County, 21 March 1895 — THE NICHOLSON BILL. [ARTICLE]

THE NICHOLSON BILL.

The following is the substance of the Nicholson bill, as finally amended, and as it became a law. There is no emergency clause, and it therefore will uot go into effect until the laws are published, about July Ist. .—See. I 'contains the enacting clause, and proviifijS fur the specific 1 description of the room in which it is desired to sell liquors. It also yr.pvides that no license shall be graute i to other than a male person of good moral character, over the "age of 21 years. It also declares that no applicant shall be deemed of good moral character, if, within two years of the time of application, he shall have been, for the second time, found guilty of violating any of the provisions of this act.

Sec. 2. Provides that all liquors must be sold iu a room separate from any other business of any kind and no devices for amusement or music of any kind sha'l be permitted in such room. But the law is not to be construed as'prohibiting the sale of cigars and tobacco; and it is further provided that if the applicant for license desires to carry on any other or different business he shall state the same in his application for and the same may be granted or refused,by the Board of CorhmissionPrs hearing such application and such permission shall be stated in the license, if granted. Sec. 3 provides that the room where liquors are sold shall be securely closed and locked on days and hours when sale of liquors is prohibited, and the fact that any person other than the proprietor or his family is permitted to enter such room at such time is prima facia evidence of guilt upon a trial for the violation of the law prohibiting sales at such times. Sec. 4 provides that the room where liquors are sold shall be upon the ground floor and fronting the street or highway, and shall be arranged with window or glass door so that the whole of said room shall be in view of the street, and no screen or other device shall be arranged so as to obstruct said view during the days or hours when sales are prohibited. The following is the exact wording of the latter half of this section: “Upon conviction for the violation of this or either of the foregoing sections of this act the defendant •hall be fined in any sum not less than 110 nor more than 9100, to which may be added imprisonment in tna{coanty jail not exceeding sts sty days, and, la ease of csarietieß ler the assond •£•

sense, either upon a plea of guilty or conviction upon trial thereof, in any Circuit, Supreme, Criminal Justice or Police Court of as apart of the judgement the court may make an order revoking the license of the person convicted, Whi oh gaid jndgpjnent 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 oh plea of guilty entered, the court rendering judgement 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 liquor, who allows minors about his saloon or place of business shall be fined not less than $lO nor more than $100; and a jail sentence of not more than 90 days may be added. Sec. 6 [entire] Whoever, directly or indirectly, sells or delivers any spirituous, vinous, malt or other intoxicating liquors to any person under the age of twentone 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 added imprisonment in the county jail not exceeding ninety days. Sec. 7 [entire] It is hereby made the duty of all peace officeis, to-wit: 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 provides that the owner or proprietor of the business shall take out license in his own name, and must be a bonafide resident, and no. more than one license can be granted to any one person. This is designed to prevent one man owning different saloons at the same time and putting them in charge of agents. Section 9 is the “local option” section. We give it entire: Sec. 9 If, three da_ys 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 the I i eejise to any applicant for the sale of spirituous, vinous, malFor 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 tlie date of the filing of such remonstrance. If any such license should be grant* ed 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 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 office at the last election proceeding the filing of such remonstrance.

Sec. 9|. It shall be unlawful for any spirituous, vinous or malt liquor to be sold or given away iu any drug store in any quantity less than a quart at a time except upon the written prescription of a reputable practicing physician. Any person violating any of the provisions of this section shall be fined for the first offense the sum of §25, and for the second offense in any sum not Itss than §25 nor more than §2OO, to which not exceeding six months’ imprisonment may be added. sec. 10 provides that this act shall apply to all persons whether selling under government or state license.