Rensselaer Semi-Weekly Republican, Volume 41, Number 6, Rensselaer, Jasper County, 29 September 1908 — GIST OF COX OPTION BILL [ARTICLE]

GIST OF COX OPTION BILL

SECTION L—Election on county local option may be demanded by petition. SECTION 2. —Form of petition to be filed with auditor prescribed. SECTION 3. —Petition must contain names of 20 per cent of voters at .ts v 1 ‘ last election. f. . ! SECTION 4. —Form of ballot prescribed. “Yes” and “No” vote determmined upon. SECTION 5. —Election commissioners. Auditor and two free holders. Duties. SECTION 6.—Election commissioners appoint a “wet” and “dry” judge and clerk. SECTION 7. —How election returns are made. If vote is “dry” no license issued. SECTION B.'—lf election is held no other can be held for two years afterward. SECTION 9.—ls vote is “wet” all licenses expire ninety days after election. SECTION 10. —Township' and ward remonstrance in effect if election gees “wet." SECTION 11.—General election laws apply to county local option elections. SECTION 12. —Act does not amend or repeal other acts affecting liquor traffic. , SECTION 13. —Act shall be liberally construed.

Following is the text of the county option bill passed Saturday at special session of the legislature, and which is expected to make nearly all of the state dry: Whenever a petition has been signed and filed with the county auditor praying the board o$ commissioners Of any county for the privilege of determining by ballot whether the sale of intoxicating liquors as a beverage shall be prohibited wittnn th’ limits of such county, such board of commissioners, at its next regular session, shall order a special election to be held in not less than 20 nor more than 30 days. Such election spall be held at the Usual places for holding general elections, and ten days’ notice thereof shaii be given in the same manner now provided by law for the notice of gpneral elections. The petit* on 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 such county equal to nrt less than 20 per cent of the aggregate vote cast in such county foi secretary of state at the last general election, which fact shall he veilfied by affidavit in writing by one or more of the petitioners who’ are freeholders. No voter can sign his name to such petition After it is filed, nor withdraw his name from such a petition after it is filed, and in any indictment, affidavit, or information for selling intoxicating liquors as a beverage without license, it shall not be necessary to set forth the facts showbig that the required number of v Oters ft the county petitioned for the elections, and that the election was held, or that a majority voted in iavor of prohibiting the sale, but it shall be sufficient to state that the act complained of was then and there prohibited and unlawful. The board of election commissioners shall consist of county nu*'Uor, a*id two resident freeholders of the county, one known to be in favor of prohibiting the sale of intoxicating liquo-s as a beverage in such county and one against prohibiting such a sale, both to be appointed by the board of commissioners of such county at the time of ordering said election. A ny two members of such com.jnisSiOn shall have full power to act in all matters enjoined upon sueh commission by this act The hoard of commissioners when

possible, shall appoint on the election board of each precinct one judee arid one clerk known to be in favor of prohibiting the sale of intoxicating liquors as a beverage in such county rind one Judge and one j cleric opposed to prohibiting such sate. Whenever an election has been held under the provisions of this act, no subsequent election shall be held thereunder until the expiration of at least two years from the last preceding election. L If a majority of the legal votes cr-st at said election shall be in favor of prohibiting the sale of intoxicating' liquors as a beverage in said county, then after 90 days from the date o| holding said election, all licenses for the sale of intoxicating liquors granted in said county after the passage of this act shall te 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 oi such void license shall surrender the same within 90 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 eunexpired 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. If a majority of the local votes cast in any county at an election held under the provisions of this act shall be against prohibiting the sale of intoxicating liquors as a beverage in such county, 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 of any city or town to grant a license for the sale of intoxicating liquors in any particular township, city ward or residence district or to any person, but such order, judgment, remonstrance or ordinance shall remain in full force and effect according to the provisions of the statute under which said remonstrance was filed or such ordinance was enacted; and in such case 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.