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h m in The Carey-Cothran] Measure As Adopted PROVIDES FOR COUNTY OPTION y . ' Fb& Text of the Measure as it Passed the General Assembly and Signed by Governor Ansel. i A bill to declare the law in reference to, and to regulate the manufacture, sale, use, consumption, possession, disposition and transportation of alcoholic liquors and beverag^ within this State, and to police the same. Be it enaeted by the general assembly of the State of South CaroJiua: "Sec. 1. That, all alcoholic liquor ainH beverages, xphother mamifactur . ed within this State orr elsewwhere, not having been tested and found to be pare and free from poisonous and deleterious matters as hereinafter provided^ are hereby declared to be $1 detrimental; and their use and consumption to be against the morals, \ good health and safety of the State, and contraband. . , "On and after the anoroval of this act, the manufacture, sale, barter, . exchange, receipt or acceptance for unlawful use delivery, storing and keeping in possesion in this State of any spirituous, malt, vinous, ferment* ed, brewed (whether lager or rice beer) or other liquors and beverages, or a^y compound or mixture thereof which may contain alcohol and is used as a beverage, is hereby prohibited, except in incorporated cities, ijft' and towns of this State, in counties wherein the same may be permitted as hereinafter provided. Any person convicted o? violating this section shall be punished by imprisonment at hard labor for a period not less than three months nor more than sis months, or by a fine of not less than $100 nor more than $500. " O Tlifl miocfinn wlioffior v k/VL tiV/ll JL JL1V/ VjUV?-?Vivn ft uvvuv* tbe liquor and beverages mentioned in section 1 of this act may be sold in any county in this State shall be determined at a special election to be held in such county on the first -Tuesday following the first Monday . an November of any year in which a general election for State and coun. ty officers is appointed by law to be held, and at such elections there shall also be submitted the question whether one-third of the license fees and dispensary profits as hereinafter provided for shall be paid to the county treasurer, ^o be applied to . the county school fund or to the roads and bridges. Such election shall be ordered by the county supervisor of such county upon there being filed with him before the first day of May of such year, a petition in writing praying for such election signed by one-fourth of the qualified voters of such county. Except in the county of Colleton, where the petition shall be signed by onesixth.' He shall give 30 days notice bv advertisement of such election, J- X " and the same shall be held and conducted by the same officers and under the rules and regulations provided by Ipw for general State elections. Successive elections under this section is permitted, but they shall not be held in any one countv upon the same question oftener than once in four years: Provided, That during the year 1907 such election may be .held upon such a day as may be appointed by the county supervisor, upon similyar petition and notice in the same "manner and by the same officers: Provided, further, That in counties that have heretofore voted upon the question of dispensary or no dispensary under existing laws, such election shall not be held prior to the first general election held after four years from, the date said counties voted upon the question, except that in the counties of Union, Horry, Darlington, Marion and Newberry such elecby the county supervisor upon similar petition and notice in the same manner and by, the same offioc ?iV?nvo nrovided: Provided, VV/1 ?J UW ??W ? w ? - - ? _ That any county in which a dispensary is now located may have the right to vote on the question of the removal of the dispensary in the manner provided in this act: Provided, further, That any county voting in a dispensary shall have the right to vote out said dispensary, at any general election occurring four years or more after its establishment, in the same manner in which itrwas voted in: Provided, That the counties of Laurnes and Edgefield may vote npen the question of dispensary7 or no dispensary at the general election in the year 1908, in the mode herein prescribed. "Seetion 3. At such election the election commissioners for such county shall at each voting precinct therein provide two ballot boxes in which the ballots must be cast. Any person who is a qualified elector of such county may voteN in such election. Every voter who may be in favor of the sale of liquor and beverage in such county shall cast a ballot in a box provided therefor on which shall be printed the words, *For saie' and every voter opposed shall cast a ballot upon which shall V printed the words,-1 Against sale.' Every voter who ma" be in favor of the application of one-third of th dispensary profits to the count; school fund dia!i Cast a bai! ?t in ; box furnished therefor, upon whicl shall be printed the word 'For school fund;' and every vote opposed thereto, but in favor of it appplication to roads and bridges shall cast a ballot upon which shal be printed the words 'For roads an< bridges.' "Section 4. If a majority of th< ballots cast in such election be 'Fo sale/ it shall be lawful for sucl liquors to be sold in said county a hereinafter provided until the resul of such election be reversed by j subsequent election. "Section 5. If the sale of aleo holic liquors and beverages be au thorized by such election, the gov emor, upon recommendation of tin county board of education of sucl county, if the result of the electioi as to application of profits be ii favor of county school fund, or th< county board of commissioners, i: such results be in favor of roads an< bridges, the mayor or intendant o: the city or town within which a dis pensarv may be located and the sen ator and members of the House o: Representatives of such county shal appoint three qualified electors o: the eounty who shall be known as "county dispensary board," an< whose term of office shall be 2 years bject to removal by the governo for cause. One member of tin board shall be recommended by eacl of the bodies above named, whicl shall also have the power to fill air vacancy, a majority thereof in eacl instance controlling. If there b< more than one city or town in sucl county tfcithin which a dispensary may be located, then, and in sucl case a majority of the mayors or in tendants of such cities and town: shall control in their recommenda tion;and if there should be a failur< on their part for any reason to agree then the appointment of any membe to be recommended by them shall b< made by the delegation: Provided That in the counties of Dorchester Berkeley, Fairfield, Orangeburg, Uni on, Newberry, Kershaw, Lee, Lex ington, Barnwell, Marion, Marlboro Sumter and Oonee, said board shal be appointed ur?on the recommenda tion of the members of the genera assembly from said counties, or j majority |of the respective delega tions; except in the county of Abbe ville, where one member shall be re 1 1.1. - *x__ ' 1 cuinmeuaea oy me cuy council o Abbeville, and two by the delegatioi in the general assembly; in the coun ty of Aiken, where one member shal be recommended by the city counci of Aiken, and two members by th< delegation in the general assembly in 1 the county of Chesterfield, wher< one member shall be recommendet by the county treasurer, the count} superintendent of education and tin county supervisor, one member b} the town of Cheraw and one mem ber by the delegation in the genera assembly; in the county of George town, where one member shall be re commended by the city council o: Georgetown, one member * by th< county board of education and on< member by the delegation in the gen eral assemly; in the county of Lan cacter, where one member shall b< recommended by the town council o: Lancaster and two members by tin delegation in the general assembly Each member of the board shall be fore entering upon his duties ente: into a good an sufficient bond in tin sum of $5,000 with a surety com pany, the fee therefor to be paid ou of the profits of the dispensary, ii the form prescribed by section 5S4 volume 1, code of laws, 1902. Th< ' board shall organize by the eleetioi of a chairman and a secretary fron among: their number. Each membe: of ^ the board for his sendees slial receive $3 per day for not "exceedim 10 days in each month, and mileage five cents per mile each way, travel ing in the most direct route. Saic board shall have the power and i hereby required to make from timi to time, rules and regulations fo the government of any dispensar under its control. The said board ii hereby authorized and required t< establish a dispensary or dispensarie: as said board may deem proper, fo the sale of alcoholic liquors and bev erages as herein provided, 'and hut close any dispensary so establishe< except the dispensary located at tin county seat when in their judgmen the public good requires it: Provid ed, That in the county of Abbevilh no dispensary shall ever be locate< outside of the city of Abbeville. The said board shall elect a dispense for each dispensary, who shall hav< eliavge of same, under the sunervi sion of said board; and who slial hold his position for 12 months, un less removed by the board in th exercise of its discretion; the sai< board may employ such clerks an* assistants as may in their judgmen | be necessary and pay tnem, incnunn< j the dispenser, such salary as the sai< board may fix: Provided, no salar; or compensation shall be reflated o be made dependent upon the amoun of sales. Said dispenser shall giv bond in the sum of $5,000 in the forn prescribed by section 584, volume 1 code of laws, 1902: Provided, sai< bond shall be given in a surety com pany, or such personal bond as th< law now allows. "See. 0. The members of the sai< county dispensary board are hereb; declared to be county officers, am are hereby authorized and enmower ed under the authority and in tli name of this State to buy in an; market alul retail within the Stab liquors and beverages as nrovide< herein: Provided, That the Stab shall not be liable upon any contrac e for the purchase thereof beyond tl y actual assets of the dispensary f( a which the purchase is made. Tl h members of the county dispensai s board and all dispensaries shall I r persons of known moral charach s. and not directly or indirectly appl cants for appointment. 1 "Sec. 7. The said board shall a< I vertise in two or more daily papei in this State, and one weekly pap< e of the county, for bids to supply tl r kinds and quantities of liquor an i beer to be bought. Such bids sha s be only for the liquor and beer 1 t be furnished during the three montl i following, and the kind and quant I shall be designated. The bic - shall be sealed and there shall be e - ngn or mark upon the envlope ind _ eating: the name of the bidder. A a bids must be sent by express or h i registered mail to the county trea: i urer within 30-*days after the fin j advertisement therefor. The count a treasurer shall keep such bids witl ? out'inspection orpermittinginspectio \ until the expiration of said 30 day ? when they shall be opened in publ _ by said board and the contra< _ awarded to the lowest tresponsibl ? bidder of each kind; the board r< I serving the light to rejei ? any bid: Provided, no bi ? shall be opened until at least or 1 week's notice of the time and pla( thereof shall be given in some new: J . r paper published in the county, an 2 said bid shall then be opened. Sai 2 award shall be forthwith publishe 3 once in a newspaper published in tl f county. Said publised statemer 2 shall include the grade of goods pu a chased,quantity purchased from who] 2 purchased, price per gallon, or doze Y packages, and the retail price < 2 which the same is to be sold: Pr< _ vided, however, r.o purchases herei 5 mentioned or contemplated shall 1 made from any person, firm or co: a poration residing without the limi' of this State. p "Sec. 8. It shall be the duty ( 2 the said board to cause an analys of the liquors in stock to be made" b . some person competent to determir I whether any of said liquors are adu _ terated or impure, to the end tin no impure liquors shall be sold b i dispenseries. If upon analysis * shall be determined that such liquoi I are adulterated or impure, the count j dispensary board may retain tt price thereof from the seller, or : they have been paid for, the sai board shall not allow said liquors 1 j? be sold, and may, in the name of tt j State, institute an action against tl: seller for the recovery of the amour I so paid. x I "See. ^9. The county dispensar 3 board shall, during- the first week c I each month, make a sworn statemer 3 of the receipts, expenditures and lis j bilities of each dispensary for tt , preceeding month, and cause tt 3 same to be published once in son newspaper published in the count during that week. I "Sec. 10. Each dispenser shall t a qualified elector of this State an a resident of the county in which tt ? dispensary is located, who lias neve 3 pleaded guilty or been adjudge 3 guilty of violating any law relatin ~ to intoxicating liquors, who is lie a keeper of a restaurant or pac 3 of public amusement, and is not ae f dieted to the use of intoxicatin 3 liquors as a beverage. ' "Sec. 11. Each dispenser slia daily deposit, to the credit of tt L. county board, in a bank designate 3 by the board, all monies received b _ him from sales. ^ "Sec. 12. The county dispensar j board, before permitting any dispei ser to offer any liquors for sale sha I cause the same to be put into pacl 1 ages of not less than one-half pir j nor more than five gallons and se; v the same. The dispenser shall se I by the package only, and no perso r shall open the same or drink any c the contents' on the premises. I "Sec. 13. All sales shall be fc j cash and at a profit to be determine s by the board. B "See. 14. No sale or delivery pe. r mitted under this act shall be mac 7 on Sunday, on a general or primal s election clay, 011 a legal holiday, c 0 between sunset and sunrise of an s day, nor shall it be lawful for di r pensers to ship liquors or beverag< . into a county where there is 110 di; y pensary, nor shall any common ea | rier tansport such liquors or beve g ages from a county having a di: { pensary into a county having 110 di . pensary. e " Sec. 15. No sale or delivery sha | be made if the dispenser knows c > has reason to believe that the pu i* chaser is a monor, or is intoxicatei e of is in the habit of using intoxica . ing liquors to excess, or if the pa 1 ent, husband, wife, committee < . guardian has made written reque: e that 110 sale or delivery be made \ 1 such purchaser. 1 "Sec. 16. The dispenser shall se t only in a room fronting a publ r street, without pictures, mirrors < 3 any ornamentations whatever, ii y side or outside, and without an r screen, curtain or other device f< 4 'nvnvoiit-imr Clio niMino' rvnklirt -fVni I V T IUV XIV'J e fully viewing1 what raav be transpi n ing within; nor shall any restauran , pool or billiard room or any otlit \ form of public amusement be run ( . conducted in the building in whit 0 said room is situated, nor shall an opening communicating with such 1. 1 permitted. y "See. 17. The governor, count \ dispensary board, mayor or intent - ent of any city or town within whic e a dispensary may be located, ai y hereby given the power and author 0 ty to cause the places where sales ai 1 permitted by this act to be tempo: e arily be closed as often and for sue t time as the public good may demam ie "Sec. 18. On the first day >r January, April, July and October ie every year, the county dispensa -y board shall file with the clerk >e court a sworn statement of the pr sr fits of each dispensary in the coun i- for the three months preceding sa dates respectively, which shall 1 1- recorded by him in a book kept f rs that purpose, and published fort ?r with by said board, once in a new ie paper published within, the count d Tiie board shall file a copy there 11 with each of the following officer ;o the county treasurer, the county su is ervisor, mayor or intendent whe i- the dispensary is located, and t] Is county superintendent of educatio; 10 and upon the said days shall divi< i- the profits into three equal part 11 one-third to be paid to the coun >y treasurer for ordinary county expe s- ses; one-third to the county trea st urer for the county school fund, y for roads and bridges ^s may be d i- termined by the election provided f >n in section 3 of this act and one-thi: s, to the treasurer of the municipali ic in which said dispensary is locate it for ordinary expenses, except in tl le counties of Abbeville, Union, Ne1 e- berry and Lancaster, where the pr it fits shall be equally divided betwe< 4 i the counties for ordinary county pu ie poses and the town or city where ie dispensary is located for municip s- purposes; and in the county < 4 Georgtown, where one-tenth shall i 4 to the public schools and the balan 4 shall be equally divided between tl ie county for ordinary county purpos it and the city of Georgetown for mur r- cipal purposes; and in the county n Orangeburg, where one-half of t n profits shall go to the municipali it where such dispensary is located {ii > the balance to be equally divided b 11 tween the public schools of the cou >e ty and the county for ordinary cou r- ty purposes; and in the counties < ts Lee Bamberg, Fairfield, Richlan and Florence, here one-fiftli shall j >f to the public schools in the sa is counties and the balance to be eq iy ally divided between the town or ci ie where the dispensary is located ai 1- the county for ordinary county pu it poses; and in the county'of Sumt y 10 per cent of the entire profits d it rived in the said county from all di rs pensaries located therein shall go y the general school fund; of the pr te fits that remain one-half there' if that arise from each and every di 4 pensary in said county shall go :o the county for ordinary purposes, ai ie the town or city in which a dispe ie sary may be located shall retain tl it other one-half for ordinary purpose and in the county of Charlesto y where one-half shall go to the ci >f ane one-tenth to the school fund, on it fifth' to general county fund and on iv fifth to sanitary, drainage commi ie sion of Charleston county for drai ie age purposes and working the pu ie lie roads; and in the county of Ham -L - 1 1. - 1.C ?-C J1.A ;y ion, wnere one-nan ux me piuu shall go to the general county fun >e one-fourth to the town or municipal d ty in which said dispensary is loca ie ed for the ordinary expenses of tl ?r town and due-fourth to the coun d treasurer for the county school fun ig "Sec. 19. Licensed druggists co )t ducting drug stores and manufactu ;e ers of proprietary medicines, a 1- hereby authorized to purchase ale tg hoi for the purpose of eompoundii medicine tinctures and extracts th 11 eonnot be used as a beverage, ie "Sec. 20. Any parent, husban d wife, committee or "iiardian givii >y the notice or request provided for this act shall have a right of actic y against any dispenser violating su< l- notice or request, and may sue f 11 and recover damages therefor on tl i- bond required of such dispenser, it "Sec. 21. All alcoholic liquors al possession of any person for unla-* II ful use shall be seized without wa 'ii rant, and if no action to recov >f same is begun, within 30 davs fro such seizure, or if such action be b >r gun and the judgment of the con d be adverse to the plaintiff, then sin liquors shall be forfeited to the con r- ty in which same is seized, if the le be a dispensary in said county, ai y disposed of as the county dispensa >r board may deem best; but if the iy be no dispensary therein, such liq s- ors shall be destroyed publicly 1 is the sheriff of the county, s- "Sec. 22. Upon affidavit, whi< r- mflv ho on information and belief. r- the affect that countraband liquor s- being unlawfully concealed, kept 5- stored in any place, a search warra may be issued by any magistrate 11 the county empowering: any officer >r person who may be deputized r- enter the said place by day or nig and to search the said premises f t- the purpose of seizing the said co i*- traband liquors therein conceale ,r kt*pt or stored, which said liquc s* when seized, shall be disposed of 0 hereinbefore provided for the di position of unlawful liquors; Provi 11 ed, That no dwelling liQjise shall : ic searched in the night time. >r "See. 23. Any person detected ii- the act of violating any of the pi ly visions of this act shall be liable )r arrest without warrant: Provided, m warrant shall be procured within r- reasonable time thereafter, t, "Sec. 24. Every person who di noses or rescues from a constable < II - >r other officer, or attempts so to d h any alcoholic Jiquorp 01* beverages ta! iy en or detained by such officer char >e cd with the enforcement of this la shall, upon conviction, be punish y by imprisonment not less than tlir 1- months nor more than 12 months, < h by fine of not less than #100 n e more than $500. i- ''See. 25. Any person handlii e contraband liquor in the niirht tin r- or delivering the same shall be jyuil' h of a misdemeanor, and ou convicti( j. shall be punished by imprisonrae: of for not less than three months nor si in ntoie than 12 months, or by a fine of n: ry rot less than $100 or more than $500. ii of "Sec. 2C?. Any wagon, cart, boat it o- or any other conveyance, together p ty with horses, mules or other animals e id and harness accompanying the same, be transporting liquors or beverages at P' or night, other than regular passenger v h- or freight steamers and railway cars, tl 'S- shall be liable to seizure and con- u ;y. fiseation, and the same to be duly n of advertised and sold and the proceeds p s: sent to the county dispensary board, ir p- to be applied as hereinbefore direct- tl re ed as to the profits. . % f< be "Sec. 27. Any common carrier, or p n iis ne-ent or servants, or anv oerson si ie who shall carry or transport alcohol- tl s; ic liquors or beverages for unlawful p ty use to any place or county where a n- manufacture or sale of alcoholic ii ,s- liquors is prohibited, shall be deem- p or ed guilty of a misdemeanor, and upe on conviction, shall be fined not less p or than $100 and not more than $500, ii rd or be imprisoned at hard labor for h ty not less than 30 days or more than h d, two years, or by both, in the discre- q he tion of the court. s; iv- "Sec. 28. Any person who shall Ci o- in this State offer for saleu or solicit lc gn the purchase of any of the liquors ir [r- or beverages mentioned in section 1 ti a of this act, other than for personal si al use, whether for present or future ir of delivery, shall be deemed guilty of s< ?o misdemeanor, and upon conviction b ce in a court of competent jurisdiction u he shall be punished by fine of not less t< es than $100, or imprisonment for not si ii- less than three months. ei of "See. 20. All places where per- fi he sons are permitted to resort for the d ty* purposes of drinking alcoholic liqu- fi id ors or beverages are hereby declared d ?e- nuisances, and the keeper or manager f n- of such places, upon conviction shall # n- be punished as provided in section 2' of 1 of this act. a: d, "Sec. 30. Every person who shall b jo directly or indirectly, keep or main- b id tain by himself or by associating or ir u- combining with others, or who shall ri ty in any manner aid, assist or abet in b id keeping or maintaining any club | w ir- room or other places in which o: er any alcoholic liquors or beverages 1' e- are received or kept for unlawful 2' s- use, barter or sale as a beverage, or f< to for distribution or division among r< o- the members of any club or associa- si of tion by any means whatever, and tl is- every person who shall receive, bart- >si to er, sell, assist, or abet another in tl id receiving, bartering or selling any ti 11- alcoholic liquors or beverages so re- b lie ceived or kept, shall be deemed ns; guilty of a misdemeanor, and upon si n, conviction thereof, shall be punish- c< ty ed by a fine of not less than $100 or T e- more than $500, or by imprisonment a: e- for a term of not less than three 01 s- months nor more than 12 months. si n- "Sec. 31. It shall be unlawful ti b- for any club, company, association t* p- or corporation, of any chartered si ts company now in existence, or here- P1 d, after to be incorporated, for social, e< li- literary, or other purposes, within a] it- this State, to buy, sell, keen for sale, ? lie exchange, barter any liquor, wine, oi ty beer, bitters or other intoxicating ci d. spirits for any purpose whatever, t* n- either to members or to other per- si r- sons or members, and any member fi re knoingly belonging to any club,- e: o- company, association or corporation tl ig which receives and dispenses intoxi- si at eating Spirits contrary to the provis- si ions of this section, shall be deemed si d, guilty of a misdemeanor, and upon p ig conviction thereof before a magis- tl in trate, shall be fined in a s#m not less c< m than $30 nor more than $50, or im- p oli nvicfinmOtlt 111 tl p eountv iail not I nn i. 11 J-'X lOV/iiiiiVii V v ?>, ^ ^ y or exceeding 30 days, for each and b be every offense. - c< "Sec. 32. The payment of the u in United States special tax as a liquor s< v- seller, or notice of any kind in any ej r- place of resort or in any store or d er shop, indicating that alcoholic liqn- cs m ors are there sold, kept or given oi e- away, shall be held to be prima facie b rt evidence that the person or persons eh paying said tax and the parties dis- o n- playing such notiees are acting in g< re violation of this act, unless said per- v: id son or parties are selling under ap- f< rv pointment as prescribed by this act, o. re they shall be punished by a tine of h u- not less than $100 nor more than ii ay $500 or by imprisonment for a term ir of not less than three months, nor rr eh more than 12 months. Conviction in ir to the United States court of illicit is sales of liquor shall be taken as h or prima facie evidence of violation of ii nt the provisions of this act. and any tl of distiller or manufacturer of liquors ti or containing alcohol so convicted in vi to the United States court shall, by ti ht reason of such conviction, forfeit the ti or permit or license granted him herein, p< n- in addition to the other penalties ai d, herein provided. o: >r, "Sec. 33. Upon conviction of any w as person for the violation of any pro- o 1 vision of this act, where punishment m (]- is not provided for, such person shall ai be be fined or imprisoned at hard labor 1< in the discretion of the court: Pro- *j in vided, the fine shall not be less than o- $100, and the imprisonment not less tl to than three months. ti a "See. 34. In anv countv in this ai a State in which the dispensary has not v been voted out by and under exist- d is- injr law, and until an election is held tl or in such county as provided in this ai lo, act, any dispensary now established p< k- therein shall be continuel as a dis- d< <r- pensary in said county under this si w act. There shall be appointed by the \( ed governor as soon after the op- d ce proval of this act as practicable, a n or county dispensary board in such <v or county in the same manner as is pro- v, vided hereinbefore for appointment 1; iu* of such boards, whose duties and auie i thority shall be the same as herein- a ty' before provided for such boards; ci mfsaid board is authorized to purchase a| nt from the proper State authorities the p< :oek 011 hand or so much thereof as iay be necessary. The profits arisig from the operation as heretofore i?- from the operation of such disensaries shall be divided as providd in sectioa IS of this act. "See. 35. In the event that a disensary be established under the proisions of this act in any county, and lereafter an election be held lierender resulting in the disestablishlent of the same, the county disensary board in such county shall nmediately -close the dispensaries lerein, dispose of the stock on hand 3r cash to some other county disensary board or to purchasers outide of this State, apply the proceeds iereof, with any other assets, to the ayment of outstanding: obligations, nd divide the net proceeds as herelbefore provided for dispensary rofits. "Sec. 36. Any person, firm or eororation now engaged under license 1 the manufacture and sale of alcoolic liquors or beers, in counties ave not heretofore voted upon the uestion of dispensary or no dispenary, is hereby permitted and liciised upon compliance with the fol>wing provisions, to continue such lanufacture and sale until an elec011 be held as herein provided, reulting in the prohibition of such lanufacture, unless such license be loner revoked by the general assemly. Such license is hereby granted pon payment annually in advance, ) the county dispensary board in ich county of a license fee graduatd as follows: For a distillery using rom three to 50 bushels of grain per ay, $500; for a distillery using rom 50 to 100 bushels of grain per ay ,$1,000; for a distellery using rom 100 to 200 bushels per day, 1,500; for a distillery using from 00 to COO bushels per day, $2,500; nd for a distillery using over 600 ushels per day, $5,000, and for reweries and bottling establishments lanufacturing or bottling lager and ice beer or other alcoholic or malt everages, the 'following 'sums, toit: such establishments using from ne to 10 barrels per day, $500; from D to 20 barrels per day, $1,500; from 0 to 40 barrels per day, $3,000, and 3r those using: more than 40 bards per day, $5,000. Such licensee iall file with said board a bond to le State for the use of county in a im of not less than $5,000 nor more ian $20,000, to be fixed by the coun7 dispensary board, said bonds to be ased upon the size of the establishlents, with good and sufficient .iretv conditioned upon the faithful unpliance with the law: Provided, hat no license is hereby granted to ny person, firm or corporation, ther than those now engaged in ich manufacture and sale in eounes wherein dispensaries are now eslblished and in operation or to the Accessor or successors of any such erson, firm or corporation approv1 by the county dispensary board, tid no license shall hereafter be ranted except in such counties and nlv tr> rrmrmfiiptnrer and sell in one ity therein of at least 20,000 inhabiints: Provided, further, That it lall' not be lawful for such manuicturer to sell such liquors and bevrages except in quantities and in le manner prescribed in the con.itution: Provided, further, That ich manufacturers shall not sell .ich liquors and beverages to any erson, firm or corporation within le limits of this State, except to Dunty dispensary board. In ihe aplication for a permit or license to lanufacture liquors and beverages 01* eer, the applicant shall give the )unty dispensary board full power, pon any violation of this act, to ?ize and take possession of any maiiinery or product on hand at the istillery or place where such appli111 z may manufacture such liquors i' such beers and shall authorize said oard to pay the U. S. government ix upon the same and dispose theret' as provided herein for contraband oods. The license fees herein proided shall be divided as provided ir dispensary profits in sec. 18 & 34 ? this act; and the term manufacirer wherever used in this act, shall lclude bottling establishments for lalt liquors and brewers of beer iav sell to such bottling establishicnts. ''Sec. 37. Any county may proibit the manufacture and saie lierelbefore licensed within its limits in le following manner: Upon the potion of one-fourth of the qualified oters of such county for an elecon upon tlie question of manufacire therein, being filed with the suervisor of said county he shall order ti election submitting the question ? manufacture or no manufacture, liich election shall be petitioned for rdered. and conducted in the same lanner as provided in sections 2, 3, Lid 4 of this act, except that the bal )ts be 'For manufacture,' and \<rainst manufacture.1 "Sec. 38. It shall be the duty of le sheriffs, their deputies, majris ates, constables, rural police, city nd town officials to enforce the proisions of this act. If they fail to o so it is hereby made the duty of le irovernor to enforce the same, nd he is hereby authorized to apoint such deputies, constables and etectives as may be necessary; the ilaries and expenses of such officers > be paid out of the profits of the ispcnsarics m counties wherein they lav be et * ai. usiied and out of the Vijnary county funds in counties herein they have not been estabshed. "Sec. 30. The office of dispensary .idiior is hcitby created. The yov:*nor shall immediately upon the ppi-ovai of this act appoint a cometent poison as dispensary auditor