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- - - - s-r- ss VWL.XXI PICKENS, S. C., THURSDAY, JANUARY 5, 1893. 4p. THE DISPENSARY BILL. THE LAW ON THE WHISKEY QUES TION RECENTLY PASSED. Full Text ol the Bill 19aualing the 8e1lig of Whiskey In ThIs state am Recently Passed by the LegIslature. The following is the full text of the State liquor dispensary bill as finally passed by the two houses of the General Assembly: A bill to prohibit the manufacture and sale of intoxicating liquors as a bever age within this State, and to prescribe the sale thereof for medical, scienti. fic and sacramental purposes, except as herein permitted. Be it enacted by the Senate and ouse of Representatives of the State of South Carolina, now met and sitting in General Assembly, and by the authority of the same: Section 1. That on and after the first day of May, A. D. 1893, the manufac ture, sale, barter or exchange, or the keeping or offering for sale, barter, trade or exchinge, within this state of any spiritous, malt, vinous, fermented or other Intoxicating liquors, or any compound or mixtures thereof, by whatever name called, which will pro duce intoxivation, by any person, busi ness firm, cor pration or association shall be regulatedand conducted as provided in this act. Sec. 2. The Governor shall within thirty days from the approval of this act, uppoint a commissioner, believed by him to be an abstainer from intoxi Sante, % ho shall, under such rules. and regulations as may.bej.madenby *the State boardkof control, purchase air in loxicating lquors forilawfullsaleiun this State, giving preference to manufac turers Lad brewers in the State, and turnish the same to such persons as may be designated as dispensers there of, to be sold as hereafter prescribed in this act. SAid commissioner shall re side and have his place of business in the city of Columbia in this State, and hold his office two years from appoint at. aL untapother is appointed in itead subject to cemoval for. cause e State board of corifriol. He shall fy and be commissioned the same i 1er officers, and receiving an an nual salary of $1,800, payable at the same time and in the same manner as is provided for the pa) maet of salaries of State officers. He shall be allowed a bookkeeper, who shall be paid in the same manner a salary of $1,200 and such otber assistants as im the opinion of the board of control may be deemed necessary. le shall not sell to the county dispensers any intoxicating or fermented liquors except such as have bn tested by the chemist of the South 104olina College and declared to be re and unadulterated. He shall not Jreceive from said county dispensers for such liquors sold to them more than 50 per cent. above the net cost thereof, and all amounts so received by. him trom said sales shall be by him paid over to the Treasurer of the State inonthly, under such rules as may be tnade by the;State board of control to insure the faithful retuin of the same; :nd.the State Treasurer shall keep a sep4rate account with said lund, from whiL-h the commissioner shall draw, from time to time,upon warrants duly ,,Ippioved by the said board, the am ounts necessary to pay the expenses in etirred in conducting the business of ?aid ageincy. All rules and regulations governing the said commissioner in the purchase of . ,xicating liquors, or in the performance of any of the duties of his otllce, where the same are not provided for by law, shall be prescribed toy a State board of control, composed ot the Governor, the comptroller gen erdil and the attorney general. Hie shall, before entering upon the duties of his oflice, execute a bond to the State treasu.Jer, with sufficient suretiles, t,o be approved by the attorney general, in the penal sum of $10,000 for the faith fni performanace' of the duties of his 001ice. In all purchases or sales of in toxicating liquors made by said com missioner, as contemplated in this act, the eommissioner shall cause a certini cate to be attached to each and every ~package containing said liquors, when the samne is shipped to him from the place of purchase, or by him to the county dispensers, certified by his oif tal si gnature and sea, w hich certlil cate shall state that the liquors con ined in said package have been purchased by him for sale within the State of South Carolina, or to be ship ped out pf the State, under the laws of said State, and without such certificate any package containIng liquors whbich shall be brought into the State or ship ped from place to place within the 8tate by any railroad, express company or other common carrier shall be re garded as intended for unlawful sale, and upon conviction thereof such com mon carrier shall be liable in a penalty of500 for ee'ch offense, to be recovered gainst said common carrier in any ourt of competent jurisdiction by complaint proceedings to be instituted by the solicitor for any circuit, with whom evidence of the violat,ion may be lodged by any citizen having knowf edge or iniormationi of the violation; and any person knowingly attaching or using such certificate v ithout the authority of the commissioner, or any counterfeit certificate for the purpose of securing the transportation of any intoxicating liquors into, out of or with in this. St ate in violation of law, s,hall upon conviction thereof be punished by a One of not less than $B(60 and im prisonment in the penitentiary for not less than one year for each offense. Said commissioner shalh make a printed quarterly statemnent under oath, com mencing August 1, 1893, of all liquors sold byi hm, enumnerating the different kinds and quantity of each kind, the price paid and the terms of payment Aand to whom sold. Also, the namei of the parties from whom the liquei (w as purchaesed, and their place of busi ness and date of purchase, which state mIient shall be flied with the St ate board Soc 13.o'be State commissioners shall jbefore shipping any liquor to count) dispensers cause the same to be Pu into packages of not less than one-hall a pint nor mo're than five gallons, and so cturely seal the same, and it shall bi tfui for the county dispenser t< juct pakSg ~ o~ the premises; provided this section shall not apply to malt liquors, ship ped in cases or bottles thereof or ship ped in barrels. Sec. 4. It shall be the duty ' of the State board of control to appoint a county board of control composed of three persons, believed by said board not to be addicted to the use of intoxi cating liquors, who shall hold their of fce for a term of two years, and until their successors are appointed. Said county board of control shall be sub ject to removal for cause by the State board of control. Said county board shall make such rules as will be con ducive to the best management of the sale of intoxicating liquors in their respective counties: Provided, all such rules shall be submitted to the State board and approved by them be fore adoption. Said county b>ard ot control shall qualify and be commis sioned the same as other officers with out fees therefor. Sec. 5. If any county dispenser, or his clerk, shall purchase any intoxicat ing liquors from any other person or persons except the State Commission er, or if he or they, or any person or persons in his or their employ, or by his or their direction, shall sell or offer for sale any liquors other than such as have been purchased from the State Commissioner, or shall adulterate ur cause to be adulterated iny intoxicat ing, spirituous or malt liquors which he or they may keep for sale under this act., by mixing with the same any col oring matter or any drug or ingredient whatever, shall mix the same with other liquors of different kind or quali ty, or with water, or shall sell or ex pose for sale such liquors so adulter ated, knowing it to be such, he or they shall be guilty of a misdemeanor and be lined in a sum of not less than two hundred dollars or imprisoned in the county jail for not less than six months. Sec. 6. That on and af ter the first day of July, 1893, no person, firm, associa tion or corporation shall manufacture foA sale, sell or keep for sale, exchange, barter or dispense any intoxicating liquors for any pur pose whatever, otherwise than es pro vided in this act. County dispensers as herein provided, shall alone he au thorized to sell oad dispense intoxicat ing liquors, and all permits must be procured, as hef-einafter provided, from the county board of control: Provided, that no license for the sale of spiritous liquors now authorized to be granted by municipal authorities shall be of any force or effect after the 30th day of April, 1893: Provided, further, that manufacturers of distilled malt or vi nous liquors who are doing business in the State shall be allowed to sell to no person in this State except to the State commissioners and to parties outside af the State. Every pickage, barrel or bottle of such liquors shipped beyond the limits of this State shall have thereon the certificate of the State commissioners allowing same, and otherwise it shall be liable to confis cation, and the railroad carrying it shall be punished as in section 2. And provided, that any person shall have the right to make wine for his or her own use from grapes or other fruit. sec. 7. Applications for position of county dispensers shall be by petitions signed and sworn to by the applicant and illed with the county board of con trol at least ten days before the meet ing at which the application is to be considered, which petition shall state the applicant's name, place of residence in what businass engaged, and in what business Le has been engaged two years previous to filling petition; that he is a citizen of the United States and of South Carolina; that he has never been adjudged guilty of violating the law relating to intoxicating liqluors, and is not a licensed dlruggists, a keep er of a hotel, eating house, saloon, res taurant or place of public amusement, and that he is not addicted to the use of intoxicating liquors as a beverage. This permit or renewal thereof shall issue only on condition that the appli cant shall execute to the county treas urer a bond in the penal sum of three hundred dollrrs, with goodt and sufill cient surities, conditioned that he will well and truly ob>ey the laws of the State of South Carolina now or hereinafter in force in relation to the sale of intoxicating liquors, that he will pay all fines, penalties, damages and costs that may be assessed or re covered against him for violation of such laws during the term for which permit or rene wal is granted, and will not sell int-oxicating liquors under his permit at a charge exceeding fif ty per cent. above the cost thereor. Said bond shall be for the use of the county or any person or persons who may be damaged or injured by reason of any violation on the part of the obligator of the law relating to intoxica ing liq uurs purchased or sold during the term for which said permit or t,be re newal thereof is granted. The said bond shall be deposited with the coun ty treasurer, and suit thereon shall be bought .at any time by the solicitor or any person for whose benefit the same is given; and in caee the condi tions thereof, or any of them, shall be violated, the principal and sureties thereon shall also be jointly and severe ally liable for all civil damages, costs, and judgments that may be obtained ngainst the principal in any civil action brought by wife, child, parent, guardi an, employer or other person under the provision of the law. All ather moneys colleoted for breaches of such bond shall go Into the county treasury, Said bond shall be approved by the county board of control under the rules and laws applicable to the ap proval of oflicial bonds. Sec. 8. There may be one county dis penser appointed for each county, whose place of business shall be at the county seat of said county, except the city of Charleston, for the county of Charleston, where there may be ten dispensers appointed, and except for the city of Columbia, for the county of Richland, where there may be three dispensers, whose place of busi ness shall be located in such sections -of said city as will L,e most conven lent for the accommodation of rest dents thereof. At least ten days be fore the first day of the meeting at which the applications for the posl tion of county dispenser are conaider ed, the applicant shall file with the county board of control, and a copy thereof with the clerk of court, in support of the application, such a pe tition, signed by a maority, as is pro vidi6d for in section 7, of the freehold :vtrs *' the tncorpor 44Iowa or sign said pAitiou by life own tri name and signature, and state th each before signing has read said p tion and understands the conten and meaning thereof and is well a personally acquainted with the appl cant: Provided, that in the judgmej of the county board of cortrol oth, dispensers may be established in an county or other towns. Sec. 9. If the application for the p sition of oounty dispenser he grante it shall not issue until the applicai shall make and subscribe on oath b fore the clerk of the county board : control, whicn shall be endorsed upc the bond, to the effect and tenor follov tog: "I - -. do solemnly swei (or effirm) that I will well and trul perform all and singular the conditlot of the wi'hin bond, and keep and pe form-the trust, contidt-d in me to pu chase, k ep and sell intoxicatilg 114 uors. I will not sell, give or furnish I any person any intoxicating liquoi otherwise than is provided by law, a especially, I will not sell or furnish it toxicating liquors to any person who not known to me personally, or dul identified, nor to any minor, intoxici ted person, or persons who are in tQ habit of becoming intoxicated, and will make true, full and accurate ri turns to the county board of contri the Orst Monday of each month .f a certificat.es and requests mie to or r: ceived by me as ro quired by law d urin the preceding month; and such retur: shalt show every sale and uelivery c such liquors made by or for me durin the month embraced therein, and t true signature to every rt quest receii ed and granted; and such returcs sha show all the intoxicating liquors sol or delivered to any and every person a returned." Upon taking said oath an fllig bond as hereinbefore providet the county board of control shall imti to him a permit authorizing him t keep and sell intoxicating liquors, u in this act provided; and every permi so granted shall specify tne buildins Riving street and number, or locatiot in which intoxicating liquors may b sold by virtue of the same, and th length of time in which the same shal be in force, which in no case shall ej ceed tweie snonth8. Permits grante under this act shall be deemed trust reposed in the recipients thereof not a a matter of right, but of contidenct and may be revoked upon sufficiel showing by order of the county noar of control; and upon the removal tj any county dispenser, or upon deman of the county board of control, he sha immediately turn over to the said cout ty board of coutrol all liquors and oti er property in his posa asion belongin to the State or county. Said count boat d of control shall be charged wit the duty of prosecuting the county dii ptnser, or any of his tmployes, wi' may violate any of the provisions c this act. Sec. 10. The county board of contr( shall use as their otflce the office of tb county commissioners of their respecl lve counties and the clerk of the boar of county commissioners shall serve a their clerk. They shall preserv'e, a part of the records and flies of their of [ice, all petitions, bonds and other pa ers pertaining to the granting or reyc ation of permits, and keep suitabl books in which bonds and permits shal be recorded. The books shall be fur ished by the county like other publii records. The county board of cont rn ihall designate or provide a suitabil place in which to sell the liquors, an: ihall furnish or grant permits to pur hase from the State commissione iuch liquors as shall be necessary. Th, members of the county board of eon brol shall meet once a month, or 01 tene n the call of the chairman, and fo heir service they shall each receive i per diem of $2, and r cents mileag ach way, and their clerk shall receiv 12 per day for the days actually emr played as such, but they shail not rc ~eive compensation for more than thin y days in one year. They shall, up ii .he approval ot the State board of lor .rol. em ploy such assistants for th euunty dliapenser as may be necessar3 The county dispenser and his associate .hall receive such compensition as th State board of control may determine All profits after paying all ex penses a .he county dispensary shall be paid ont half to the county troasuly and ont half to the muinicipal corporation 11 which it may be located, such settih ments to be monthly. Sec. 11. Before selling or deliverie: any intoxicati,g liquors to any persor request must be presented to th rounty dispeniser, printed or written ii Ink, dated of t he true date, stating th ge and resIdence of the signer, fc whose use the liquor is required, th rjuantity and kind reques .ed, and hi >r her true name and residence, anc where numoered, by street and num ber, if in a city, and t,he request shal be signed by the applicant in his owl true name and signature, attested b. the count y dispenser or his clerk wah receives and tiles the request, in his o wi true name -and signature and in hi own handwriting. But the reques shall be refused if the count y dispense filling it personally knows the persol applying is a minor, that he is intoxl cated, or that he is in the habi*, of nabi intoxicating liquors to an excess; or I the applicant Is n at so personall known to sa'd county dispenser befor tilling said order or delhvering said lie uor, he shall r.quire identitilcatio& ana the statfument of a relIab)le an trustworthy person of good characta and habits, known personally to hin that the applicant is not a minor, an is Lot in the habit, of using into,xicl tmg liquors to an excess. Sec. 12. Ret quests for the purchase c liquor shall be made upon blanks fui nihsed by the county auditor, in pad ages of one hundred each, to the cour ty dlispensers from time to time as th same shall be needied, and shall t numbered consecutively by the and tor. The blanks aforesaid shall be fui nished to the county audItor by th State board of control in unifori books like bank check,2, and the dat.e C delivery shall be1enr'orsed by the coum ty auditor on each book, an I recelj taken therefor and p reserved in his o flee. The county dispenser shall pre serve the application in t he origini form and book, except the filing of thi blanks therein, until returned to th county auditor. When return theret is made, the auditor shall endort t,hereon the date of return, and file an pree've the same, to be used in tto quarterly settlements between th county dIspenser and the county tre& urer. All unused4or n:atilated blana shall be reitiuned or accounted for t: fore other blanmks are issued to suc onnlt3 dispenemf. to of each month, each county dispenser it shall make full ieturns to the county e- auditor of all requests filled by him and ts his clerks during the preceding month d upon blanks to be furnished by the 1- State board of control for the purpose, it and accompany the same with an oath, )r duly taken and subscribed before the ty county auditor or a notary public, which shall be in the following form, . to wit: I, - , being duly sworn, d, state on oath that the requests for liq it uor herewith returned are all that were - received and tilled at my place of busi >f ness under my p,trmit during the month n of - 18-; that I have carefully pre r- serve8 the same, and that. they were ir Olled up, signed and attested at the date y shown thereon, as provided by law; is that said requests were tilled by deliv r- ering the quantity and kind of liquors r- rt quired, and that no liquors have been I- sold or dispensed under my permit du a ring said month except as shown by 's the requests herewit h returned, and d that I have faithfully observ:l and I- complied with the provisions of my a bond and oath taken by me, thereon y endorsed, and with all the laws rela i- ting to my duties in the premises. e Sec. 14. Upon failure of any county I dispenser to make the returns to the )- auditor as herein required, it shall betne i duty of said auditor to report such fail. I ure to the couAty board of control, and i- the said board of control, shall immedi 'ately summon said delinq".ent county s dispenser to appear before them and f show cause why his permit should not i he revoked; and if the cause shall not e be shown to the satisfaction of the county board of control, they shati im I mediately annul said permit and give I public notice thereof; and the solicitor 8 shall proceed to enforce the penalties I prescribed in this act for stich violation I, ugainat aaid county dispenser at the e next succeeding trm of court of the r county in which such petmir. 1- held, s and any county dispenstr who shall sell t or dispense any intoxicating liquors af r, ter his permit shall have beii revoked i, shall, upon conviction thereof, be fined e not less than $500, and be imprisoned e in the rounty jail for six months. I See. 15. Every county dispenser shall keep a strict account of all liquors re I ceived by him from the State commis a sioner, in a nook kept for that purpose, s which snall be subiject at all tines to ; tho inspection of the circuit solicitor. a and peace ollicer or grand jury of the I county or of any citiz-n, and vtch bok f shall show the amount, an-I kind or I liquo)rs proc,-red the date of receipt I and amount sol<d, the atuount on hand of each kin I ior each mofth. Such book shall be pro(luced by the party r keeping the satie, to be used as evi y dence on trial of any prosecution Li against him, on notice duly served that i- the same will be required as evidence. o See. Il. L'he payment of the United f States special tax as a liquor seller, or nui ice of aay kind in any place of resort. I or in any store or shop, indic iting that e intoxicating liquors are there s-ld, kept or given away, shall be held to be prima n wie evidence that the person or per s sans paying said tax and the parties are s sellers of intoxicating liquors, and un less said person or parties are selling - under permit as prescribed by this act they shall be punished as proviAed for I by this act. I Sec. 17. Licensed druggists ccnduct - ing drug stores and not holding permits, anl manufacturers of proprietary med i icines, are hereby authorized to pur a chase of county dispensers of the coun I ties of their reisidence intoxicating l1q. -nors (not including malt) for the pur- t r pose of compounding medicines, tinct. i ures an-I extract.) that cannot be used - as a beverage. Such permit holders r shall not charge such licensed druggists t r over 10 per cent. net profits for liquors, a so sold Such purchaser shall keep a A record of the uses to which the same are devoted, giving the kind and quan tity so used, and on or before the tentht of each calendar month they shall make -and (lIe with the county auditor, and a with the county board of control, s wornt reports ot the pre-ceed4ing calendar e a month, giving a lull and true state- a .ment of the quantity and kinds of such r Sliquors purcnased and used, the uses to a which tha same have been devoted, and .giving the names of county dlispenser a f from whom the same was purchased, -together with an invoice of each kind -still in stock and kept for such com-. poundings If saidl licensed druggistt sell, barter, give away or exch age, or int any manner dispose of, said hqours, or use the same for any purpose othert ,than authorized in this sect,to., he shall B upon conviction before any Court of u General Sessions, forfe lt his license and a be liable to all pen tie;, prosecutions r ana proceeding at law and in equity pro a vided against persona selling without a permit, un'i upon such convictions the , clerk or court shall, wvithin ten days - after such judgment or order, transnmit I to the board of pharmaceutical exami i ners the certifled record thereof, upon y receipt of which the said board shall ) strikethe name of thesaid druggist from i thelist of pharmacists anidcancei his cet s tificate; Provided, That nothing herein t contained shall be construed to author r ize the mnanufacture or sale of any prep i aration or compound, under any name, -form or device, which may be uised as a beverage which is intoxicating in its f character. v Sec. 18. That the som of fifty thou n sand dollars, if so much be necessary, .is hereby appropriated for the purpose ,of purchasing and of supplying liquor's I to be distributed to county dispensers r under the provisions of this act, to be I ra expended by the State Treasurer upon I the requiisition of the State commis sinner with the approval af t.he State hoard of control: P'rovided, That the f amounts advanced to each county dis - penser shall he considered loans to be -.refunded out of the prollts drived from - the sales of liquors by the county dis e -penser therein. d Sec. 19. If shy person shall make any 1- false or fictitious, signature, or signt .any name other thani his or her own to e tny paper required to be signed by this n~ act, without being authorIzed so to do, f or niake any fale statement in any pa a- per, request or applicatilon signed to, it procure liquors tunder this act, ie per-. r. so'n so offending shall be guilty of 't s. misdemeanor, and upon crvlction a) theretor shall be punished by a fine of e not less t.han one hundred doi'ars nor e more than live hundred dollars' and I if coist of prosecution, or be imprisoned e not less than thirty days nor more thani d six monthsa. - e Sec. 20. If ainy county dispenser or e his clerk shall make false oath toucbing a a- any mnatter required to be sworo to un s der tbe ronos of this ace, the per-1 t- son e- dilig shall upon convictioni h th is lbe as provided by - ~ f any conaytI pa-n Wshall pw sof procure any intoxicating liquors other person than the State con stoner, or make any faise return t county auditor, or use any reques liquors for more than one sale, ic such case he shall be ueemed gull a misdemeanor, and upon convi ptinished by a fine of not 1-si $100 nor more than $500, and i1 soned in the county jail for not than ninetv days nor more thai year for each offense. Se,. 21. Every pers n who sha rectly or indire sty, keep or main by himself or by associating or con lug with others, or who shall ic manner aid, assait. or abet in kee or maintaining any club room or ( place in which any intoxicating liq are received or kept for tho purpo harter or sale as a beveraire, or fo tribution or divi-ion among the r bers of any club association by means whatever, and every person shall barter, sell, or aesist or abet other in batering or selling, any in cating liquors so received or kept, be deemed guilty ot a mi d meanor tbereof, for the firat offense, be punt by a line of not less than one hut Jtollars nor morethan five hundred lars, and by imprisonment in the < ty jail not le-s t.han ninety days more than one year. Sec. 22. All places where intox Ing liquors are sold, bartered or g %way in violation of thii act., or w persons are permitted t) resort fo purpost- of drinking intoxicatin luors as a beverige, or where irtox ing liquors are kept for Sale, bart leiivery %in violation of this act, iereby declared to be cowmon tuces; and if v.he existence of such i ince t,e established, either in a crI )r *quit.able action, upon the ju nent of a court, or judge having j liction, finding such plce to be a i incla, the aneriff, his deputy, or :onsW1:e of the proper county or ,here the sime is located. sha lirected to shut up and abate i >lace by taking possession t.bereof, ias not already done so, undr provisions of this act; aud by ta prssession of all such intoxicatin luors found therein, tigether wit ngos, screens, bars, bottles, glassie )ther property used in keeping tUaintaining such nuitsance; andI p4rsona' prtperty so taken posiei if sh,l, after jtidgement, against ieltendant, be lorth with conliscatt the St..e, and the owner or ke 'hereof shall, upon conviction, bt idged guilty of maintaining a mon nuisavw-, and shilil for the )ftense. I,, punished by a Ine of no han $100 iior more thau $L1O., inpris minent in the county jail o .han ninety days nor more than year, and for each suc:essive often punished by imprisonment in penitentiary for a p.-riod not excee 'wo years nor lees ,han one year. Sec. 23. The Attorney General, 3ircuit solicitor, or any citizen 01 .ounty where such nuisance exist .s kept, or maintained, may maiu in action in the name of the St.a tabate and perpetually enjoin -the s 'he injunction shall be granted al :ommencemnent, of the action in isual mnanne-r of granting injuncti ixcept thal the Wildavit *r complh or both, may be made by tte Attoi v-neral, his assistant or t,he solic if the circuit, upon information or lef, and no bond mnall be required; f an affidavit shalt be presented to ourt or judge, stating or shov hat intoxicating liquors, particul Lescribing the same, are kept for a >r are sold, bartered or given awa: he premises, particularly descrit he same where such nuisance is lo d. contrary to law, the court or j -i nust at tb time of granting the utnctionu Issue his orders, comman( he oflilcer serving the writ of inji ion, at the time of such service,4 ent.ly search the premises and c ully to in voice all the articles to herein, used in or about the carri ni of t,he unlawful business, for wi earch and invoicing sid olliser s eceive the fees now allowed by or serving an Injunction, if such cer upon such search shall find1 u itch premises any intoxicating liq1 r liquors of any kind, in quantit,y ng to show it was for putrpose of in barter, lhe shall turn the samne< o the shertiff of the cou.nty to ali he hinatl judgment of the court in .ction (t,he expenses for holding ti axed as part of the costs of the ion); and such ofieer shall also 1 Ind nold posiession of all persi mroperty found on such premises. Inding of such intoxicat,ing liquor itch premises, with satisfactory lence that the same was being dispi f contrary to this act, shall be pr. 'wic evidence of the nuisance c >lained of. Liquors seized as het Jefore pro?lded, and the vessels aining them, shall not tne taken f he custody of the oflicen in posses >f the same by any writ of neplevi >ther process while the proceed aerein provialed are pendling; and I ud gment in such proceedings in ft if the plaintiff, shall, in all cases, >ar to all suits against such oflicc dflcers for recovery of' any itql |eized, or the value of the samie, oi lamages alleged to arise by reaso he sure and detention thereof. erson violating the t.,rms of an3 unction granted in such proceed hall be punished for contempt, fon rst, offense. t)y a line of not less t wo hundred dollars nor more than houdand dollars, and by imprisonoi n the c.unty jail not lees than ni lays nor more than one year. in< udgment is rendered in favor of pl iff in any action brought tinder )rovislins of this section, the coul udge rendiering the same shall also ler judgment for a reasonable al mey's fee in such action in favor of >daintiff, and against the defend. herein, which attorney's fee shal axed and collected as the other c herein, and when collected an.i I o the attorney or attorneys of >daintiY therein: P'rovided, if attorney be the St,ate's attorney ol icitor, such attorney's fee shall bei nto the county treasury. In coute >roceediingsi arising out of the v ions of aniy injuction granted ui he provisions of this act, the couri n vacation, the judge thereof, 8 iave the power to try summarily unilsh the party (or parties guilt; equired by law. The af11davits ; vlhich the attachment for cointemi iues shall make a prima facie cas< he State. The accused may plet ,be same manner as to an indicti h so ar asthe sfjme is applic be r from rogatives, either written or oral, as ir imis I the discretion of the court or judgc o the may seem proper; the defendant shal t for not necessarily be discharged upon hii i any denial of the facts stted in the mov ty of ing papers. The clerk of the court ution shall, upon the application of eithe1 than party, issue sibpaaas for witnesses npti- and except as above set fortla the pra less tice in such' contempt proceeding shal one conform as nearly as may to the prac tice in the court of Co mmon Pleas. i, di. Sec. 24 It shall be the duty of sher tain. iffs, deputy sheriffs and constables hav lbin- Ing notice of the violation of any o: I any the provisions of this act to notify thc 'ping circuit solcitor of the fact of such vio )ther lation, and to furnish him the name; tuord of any witnesses wit.hin their know se of ledge by whom such violation can bt dis- proven. If any such olicer shall wil jem. tully fail to comply with the provi any sions of this section, he shall, upon con who viction, be lined in a sum not less that aa- one hundred dollars nor more than fivi toxi. hindred dollars; and such conviclioi shall tion shall be a forfeiture of the ollic, , an(i held by such person; and the coirt be sheld fore whom such conviction is hat Ared shall, in addition to the imposition o: dol. the fine afores tid, order and adj udgt oin. the forfeiture of his said oflice. nor Sec. 25. No person shah knowingly bring into this State, or knowingiy teat transport from plac,- to p'ace withir iven this State, by wagon, (art or other vi3 here hicle, or any other nans or inode r the of carriage, any intoxicatinig liquorh g It- with the intent to -ell the same in thu icat State in violation of law, or with inten1 er or that the same shall be sold by any other are person, or to aid any other persoTi in utits- such s tie, under a penalty of $50i an uis- costs for each offense, and in additior iinal thereto shall be imprisoned in the dge- county jaii for one year. In defatilt of tris- payment of said line and costs the par iut- ty shall suffer an additional implison any ment for one N ear. Any strvant, agent city or employe of any railroad corporation, I be or of any express company, or of any inch persons. corporations or associatwions, .f he doing business in thisState as common the carriers, who sh,all remove any tritox king icating liquors from any railroad g li- car, veetl or other vux.tilW. h all portation, at W|Iy place other than and the usual and e.tabiislied slat ions and wharves, depots or places of busine:s iuch of such common carriers within 8 >mt sion incorporated city or town, where there said is a dispensary, oar who shall aid in or bd to consent, to such removal, shall be sub eper ject to a penally of *.;i and imprison. ad- int for thirty Jays: Provided. Thal a n- said penalty shall no'. apply to any liq first. nor in transit wien changed trom car less to car to facilitate transportation. All ir by such liquors intended for unlawful salt not in this 6tate may be seizt-d in transit one and proceed#-d against. as it it were uni ;e be lawfully kept and depoMilted in any the place. And any steam boat, sailing ves ding tel, railroad, expresi comp.ny, or oth er corporation, knowingly ;ransporting the or bringing such liquor into the State th.- shall he punished upon convict.ion by a 8, or fine of' live hundred dollars and cost foi tain e4ch offe.-,se. Knowledge on the parl ,e to of any authorized agent of such coin ime. pany shall be deemed kno Aliledge of the the company. the Sec. 26. The Governor shall have ons, power to appoint. cot.stibles, at tihe int, compensatiot' or $2 for each day of ac 'ney tual service, to enforce the provisions itor of this act. be- Sec. 27. No law n ,w in effect prohilb and iting the sale of intoxic ir,ing liquors in the any of the couties or towns of this State Ing is .epealed by this act. irly Sec. 28- All acts or parts of acts in ale, consistent with this act are hereby re on pealed. Ing . The Helan of the Incendiary. dge MILWAUKEE, Dec. 29.-Today two in- more bodies wu re found in the ruins of ing the tannery fire ot yesterday increasing liii- tenm ber o lives lost t o four. Today are- a number of insurance agents represent Land, log leading companies, received orders log to cease writing insurance on mann f'ac mich Luring plants in this city. naIl Thle tirebu~g operating in Milwaukee law has cost the city more than $5,000,000) of- in two motnths. TIhe trouble began on pon the night of October 29, when 3'0 buid ior, ings were destroyecd and $4.000.000 #4 worth of properr.y consumet. WVhile male the conflagration was ra4ing on the yer east side an attemtpt Wats made to b)urn Ide the west side. Trhe week following, the Koch & Ltieier's woo len w are auctioii >lbe store was fire'l. t.hi loss being $75,000. ac- A week later, TV. L. Kelly's diry goods ake was diestroyed; loss $185,000. The Mil nlwaukee Mattress Camnp:mny was burned he out a few days later, with $20)0,000 loss. Oilo The lienreke Company art store anm e evi- next, with a loss of $500,000; the origin >sed of this fire is uncertain. A n attem pt was made to de stroy the gre it Allis Omworks, atid later in the week the Pabst e theat re was fired, withl a loss of $2,u00. 'on- The Kee-an mill was burned at the rom|same time; loss $20,000. '[hen camne sto the fire yesterday, wherEhy $250,000 a or worth of property was consumed, and ng today the car barn tire. nal Themayor this afternoon issuted a ivor proclamation offering $2,500 re ward for e)t a evidence that will leard to the direct,ion r or 01 tne incendiaries. Thie entire policei forcehas been set t,o work, and private dtcveagencies will probably go af ofter the re ward also. One hundred spec n a p lle a~v beeni placod on dutLy and wilrmain for two weeks. ha JENVER, Cal., Dec. 28.-T'he San Juan MmnltLg C.imp h is follo wed the ety precedents of all great mining excite ase ments b>y baptisinig its-if with human aln- blood. A courier arrived early this the :morning and reported ii teu riblte battle t or iyesterday, In which over one hundred ren.: shots were exchanged. Eleven nmen tor.- were kld,andI a large number the wounded. George F~erguison, an old ants jprospector, and ,Jamns Cody, known as ibe ."Blind Jim," one of the best known oas characters in Arizona anti New Mexi. >aid co mining camps, are among the slain, the A private dispat ch this afternooni from iuch Dolores confirms the terrible report ' so The trouble grew out of a dispu te ovex >ald certaIn claims which had beep stake<] mp out. There were over forty~ men en ola. gagedl i'a thme tight. mail GRtEENVILLE, Pa and York and Chicagos in ~, as through here atl' pon four people ye APIIICE4. t is- Y . W hen the in seehat%ISTo noent ered with 1 able. the deadi ', iiN . mnr .a tIC r,'uitN' to -" 11., . Oben l. A TerrMA li - LONo ISLANL, o'clock this rjorni. namite exploded n. for the new East Rivt junction of Jackson an( ues, this city. The exp. to tihe four-story brick bul. ing, and shattered every pa iml the buildings for man. around. At (. o'clock nine bodi reported to have been taken tro. shaft. A score or more persons% i:)jured by falling timnbers, glass, etc. The explosion was so terrific that iearly every building on Jackson aven tie, from FiUt' street to Borden aven tie, was either destroyed or dam:4ged. The stores and postoilce below Jack son street were destroyed, and the ialls are buried beneath tons of ruins. When the exploslont occurred the let ter carriers and the cleiks wtre hurled headlong in the (bris. Some bleeding tenants mnaged to get to the windows and make good their escape. The peo ple k'lled were all in their homes. The explosion occurred in tbe rear of the works of the New Yori and Long Island tiunnel Company, which is buildirg a t unnel between this city and ithe New York Central Depot. A great (lantity of d) namite is used in blast ing, and last night the dynamite froze. 'I'lie men iieeded some this morning, aid placed three barrels of cartridges just. back of the tenements to be thawed out. Then they built a bonfire. The fire burned nearer to the d n-imit.e than was intended and the result was the explosion. All the worknien were engaged in the tunnel when the explo sioit occurred, conseqluentlv 11:11e ot I hem were injured 'rim uttpilla of St. Mtary's llowtan Catholic Church on Vernon avenue was smashed to pieces. So Iar as can be learned tile follow ing were kiltd: Mary Grader, aged 1.1; Mrs. Rocer and Henry O'Brien. All of tnein re--eived fractured skulls and were horribly cut by glass. The in lured, lit teen in number, were also bau Iv cut from the broken windows. Di iectly opposite the scene of the explo ,,on was a row of tenements occupied by n a .very apartment was wrecked and the AngQ lire fromt overturned stoves. Tta acene following the explosion was terrible. Men, women and chil dren, only partially clad, rushe d wildly from every possible exit in the great est excitement,screaming loudly. 'the district where the explosion took plac-. is thie most thickly inhabitet sectit of t he city. For half a mile Jacks and Vernon averaues pres 4nt a pecu' sight Hardly an unbro'en pan glasi can be found within that ra Gray's refrigerator factory on F. street, opposite the scene of the sion, was almost wrecked. A n. of people were at work in the bul at the time, but how many of them were injured is not known. LATER -The explosion caused the death of live persons, fatally injuring two others and wounding twenty more. At least twenty families were ren dered homeles4, most of them losing everything they possessed, except the few things on their backs. The row of l1%ts was owned by James Davren. and he estimates his loss at $25,000. Other losses will aggregate $20,000. One of the workmen in the shaft said the shock felt as though the shaft had col lapsed, An Elephant on Their land. WASHINGTON, Dec. 28.-The $75,000 accepted by this Goveranent from Chill in settlement of all damags in the Ia'tiore riots in Valparaiso is now in the United States treasury awaiting the determination or doubts in the minds of the officials as to their authority to disburse it in any way that would fully and effectually protect the Gxovernmenrt trom the demands of such of the claimants as might be dissatisfl-j ed with their allotment. Secretary Tracy has expressed grave doubts on this subject himself and therefore hesi tates to assume the responsibility nat urally placed on hIm. It was at hi-st th:zght that he would appoint a board of naval oficers to consider all the claims on file in connection with the Baltimore affair, anci to report a plan for an equitable pro rata distribution oif the fund. D)iscuission of such a course developed all sorts of Possible legal complications and technicalities, with the result that it has been temporarily ab.andoned and the Secretary has prac tically concluded to ask the Pres dent to refer the matter to Congress with a view to the enactment of speciIl legis lation which will iusure the dist.ribu tion of thle award In Proper legal form, andl at t.he samre time reduce the pros pects of future litigation in regard thereto to a minimum. There are said to be no precedents to guide-de niavy department in this matter. Lynohed5 Wh es on Etial. HOW LING GRtEEN, Ky., Dec. 28.-Bob hiarper has paid the penalty for his as sault upan Miss Anderson, and the peo ple feel that the terrible crime has been avenged. When the court opened this morning the witnesses were examined, and lion. J. C. Sims had just announced that the Common-wealth would rest, and Judge Dulany had retired to the witness roota to consult with his wit nesses, when a nmob entered the court room, armed with guns, It was just 11:40 o'clock. The mob- leader seized Harper and dragged him from the court room, lie was taken to the fair grounds, a mile distant, and was there lfed to the seat of a wagon and al lowed to make a statemnent, lie stout ly protested his innocence and di game. Tne wagon was pulled from der him at 11-57 o'clock, and I' pronnunced dead ten minutes Notashot was liredJ, and the e, dispersed quietly. The mob was - posed of over 1,000 men. Along streets leading to the fair grounc women rushed to the window' much excitement Y?a ennj tere # Wmet aure laiu , .. are not built that way. Writc w. pcial olTer's, TT'-,u.-r - ke4ia Democrat ic gain. 9