The Pickens sentinel. (Pickens, S.C.) 1871-1903, January 05, 1893, Image 1
- - - - 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