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J NEW LIQUOR LAW The Carey-Cothran Measure As Adopted PROVIDES FCR COUNTY OPTION fj? <* the Measure a3 it Left Tho Senate suzd Wca Kc tamed to ice House. A bill to declare the law in refer ence- to, and to regulate the manu facture, sale, use, consumption, possession, disposition and trans portation of alcoholic liqaors and beverage within this State, ami to }>olice the same. Be it enacted by the general a's ITm- ot lhe statc ot" Sont,, Caro" Section 1. That alcoholic liquors ?nd beverages, whether manufactur within this State or clsewwhere. not having boon tented and found to be pure and tree from poisonous and deleterious matters as hereinafter provided, are hereby declared to be detrimental, and their use and con sumption to be against the morals, good health and safety of the State, and contraband. "On and after the n?oroval of this ?*t, 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, ?u ?y comP?und or mixture thereof which may contain alcohol and is used as a beveraj^, is hereby pro hibited, except in incorporated cities, and towns of this State, in counties wherein the same may be permitted as hereinafter provided. Anv person eonvicted of violating this' section shall be punished by imprisonment at hard labor for a period not less than three months nor more than aix months, or by a fine of not less than $100 nor more than $500. "Section 2. The question whether the 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 >n 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 nnestion whether one-third of the license fees ami dispensary profits as hereinafter provided for shall be paid to the county treasurer, to be applied to the county school fund or to the roads, and bridges. Such election shall bo ordered by the county suj>er ?isor of such county upon there being "'.e<l with him before the first day ot Sentember of siich year, a peti tion in writing praying for such election signed by oue-fourth of the qualified voters of bujIi county. Kx eept in the county of Colleton, where tho petition sli nil he signed by one six lh. lie shall give 30 days notice by advertisement of such election, and Hie same shall be held and con dueled by the s<imo officers nnd under the rules and regulations provided by law for general State elections. Successive elections under this sec tion is permitted, but they shall not be held in any one countv upon the same question oftener than once in four years : Provided, T lint during the year 1907 such election may he held upon such a day as may be ap pointed by the county supervisor, ii|>on similar notice, in tho same man ner and by the same officers: Pro vided, further, That in counties that have heretofore voted upon the ques tion of dispensary or no dispensary under existing laws, such election shall not lie 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, Darling ton, Marion and Newberry such eloc niny he had during the year 1007, upon such day as may be appointed by the county supervisor and in tho county of Laurens such election may be held to vote upon dispensary or 110 dispensary at the general election to be held in November, 100S, upon similar petition and notice in the same manner and by the same offi cers as above provided: Provided, That any county in which a dispen sary is now located may have the right, to vote on the question of the removal of the dispensary toi the manner provided in this act: Provi ded, further, That any county voting in a dispensary shall ha/e the right to vole out said dispensary, at any general election occurring four years or more after its establishment, in tho same manner in which it was vot ed in. "Section 3. At. such election tiro elec hot. commissioners for such coun ty shall at each voting precinct there in provide one ballot box in which the ballots must bo cast. Any per son who m a qualified elector of such county may vote in such election. Lvcry voter who may.be in favor of the salo of liquor and leverage in ?ucli , county shall east a ballot on which shall be printed thp words, For salo and every voter opposed ?mall oast a ballot upon which shall ?o printed the words, 'Against sale.' Every voter who m?- be in favor of application of one-third of the ?"Pen?rjr profit, |? iho ?oh?.l fund ?hal| caat a ballot Whoch shall be printed the words, Foi school fund;' and every voter opposed thereto, but in favor of its application to roads and bridges, Jnnll cast a ballot upon which shall VrijiLi words For road8 ftnd "Section 4. If a majority of the ballots cast in such election be 'For sale,' it sball be lawful for such liquors to be sold iu said county as hereinafter provided until the result of such election be reversed by a subsequent election. "Section 5. If the sale of alco holic Jiquors and beverages be au- I thonged by such election, the gov crtior, upon recommendation of the eoupty board of education of such county,' if the result of the election as to aDplication of profits be in favor of county school fund, or the county board of commissioners, if such results be in favor of roads and bridge?, the mayor or intendant of the city or town within which a dis pensary may be located and the sen utor and members of the House of Representatives of' such county shall appoint three qualified electors of the eountv who shall be known as "county dispensary board," and whose term of office sha" be 2 years, , ,eet to removal by the governor for cause. One member or the board shall be recommended by each of .the bodies above n&med, which shall also have the power to fill any vacancy, a majority thereof in each instance controlling. If there be more than one city or town in such county within which a dispensary may be located, then, and in such case a majority of the mayors or in tendants of such cities and towns shall control in their recommenda tion ;and if there should be a failure on their part for any reason to agree, then the appointment of any member to be recommended by them shall be made by the delegation: Provided, This section also provides for the appointment otherwise in certain counties of the board. "Sec. 6. The members of the said county dispensary board are hereby declared to be county officers, and are hereby authorized and empower ed under the authority and in the name of this State to buy in any market and retail within the State liquors and beverages as provided herein: Provided, That the State shall not be liable upon any contract for the purchase thereof beyond the actual assets of the dispensary for which the purchase is made. The members of the county dispensary board and all dispensaries shall be persons olf known moral character and not directly or indirectly appli cants for appointment. "Sec. 7. The said board shall ad vertise in two or more daily papers in this State, and one weekly paper of the county, for bids to supply the kinds and quantities of liquor and beer to be bought. Such bids shall be only for the liquor and beer to he furnished during the three months following, and the kind and quanti ties shall be designated. The bids shall he sealed and there shall be no ?ign or mark upon the cnvlope indi cating the name of the bidder. All bids must he sent by express or by registered mail to the county treas urer within 30 days after the first advertisement therefor. The county treasurer shall keep such bids with out permitting inspection of the snme until the expiration of srtid .'10 days, when they shall he opened in puhlie by said hoard and the contract awarded to the lowest fresponsible bidder of each kind: Provided, no bid shall he opened until at least one week's notice of the time and place thereof shall be given in some news paper published in the county, and said bid shall then he opened. Said award shall be forthwith published once in a newspaper published in the county. Said publised statement shall include the grade of goods pur chased, quantity purchased from whom purchased, price per gallon, or dozen packages, and the retail price at which the same is to be sold: Pro vided, however, no purchases herein mentioned or contemplated shall be madt from any person, firm or cor poration residing without the limits of this State now having or here after a resident or permanent rep resentative agent or salesman in this State. "Sec. 8. It shall be tho dnty of the said board to cause an analvsis of the liquors in stock to be made by some person competent to determine whether any of said liquors are adul terated or impure, to the end that no impure liquors shall be sold by dispenseries. If upon analysis it shall be determined that such liquors are adulterated or impure, the county dispensaries. If upon analysis it price thereof from the seller, or if they haVe been paid for, the said board shall not allow liquors to be sold, and may, in the name of the State, institute an action against the seller for the recovery of the amount so paid. "Sec. 9. The county dispensary board shall, during the first week of each month, make a sworn statement of the receipts, expenditures and lia bilities of each dispensary for the preceeding month, and cause tl* same to be published once in some newspaper published in the county during that week. "Sec. 10. Kacli dispenser shall be a qualified elector of this State and a resident of the county iu which the dispensary is located, who has never pleaded guilty or been adjudged ' guilty of violating any law relating to intoxicating liquors, who is not a keeper of a restaurant or pace of public amusement, and is not ad dicted to the use of intoxicating liquors as a beverage. "Sec. 11. Kaeli dispenser shall daily deposit, to the credit of tho county board, in a bank designated by the board, all monies received by him from sales. "Sec. 12. Tho county dispensary board, before permitting any dispen ser to offer any liquors for sale thin cause the same to be put into pack ages ol not less than one-half pink nor more than five gallons and seal the same. The dispenser shall sell y i, P8*'*?!?? ?nly> and no person shall open the same or drink any of the contents on the premise#. All saluts shall be for cash and at a profit to be determined by the board. Sec. 14. No sale or delivery per mitted under this aet shall be" made on Sunday, on a general or primary election day, on a legal holiday, or between sunset and sunrise of any day, nor shall it be lawful for dis pensers to ship liquors or beverages into a county where there is no dis pensary, nor shall any common car rier tan.tport such liquors or bever ages from a county having a dis pensary into a county having no dis pensary. "Sec. lo. No sale or delivery shall be made it tne disj>cnser knows or has reason to believe that the pur chaser is a mo nor, or is intoxicated, ' or is in the habit of using intoxicat ing liquors to excess, or if the par ent, husband, wife, committee or guardian has made written request that no sale or delivery be made to such purchaser. "Sec. 1G. The dispenser shall sell only in a room fronting a public street, without pictures, mirrors or any ornamentations whatever, in* side or outside, and without any screen, curtain or other device for preventing the passing public from fully viewing what may be transpir ing within; nor shall any restaurant, pool or billiard room or any .other form of public amusement be run or conducted in the building in which said room is situated, nor shall any opening communication, nor such be permitted. "See. 17. The governor, county dispensary board, mayor or intend cnt of any city or town within which a dispensary may be located, are hereby given the power and authori ty to cause the places where sales are | permitted by this act to be tcmpor- i arily closed, as and and for such ; time as the public good may demand. "Sec. 18. On the first day of January, April, July and October in every year, the county dispensary board shall file with the clerk of court a swofn statement of the pro-, fits of each dispensary in the county for the three months preceding snid dates respectively, which shall be recorded by him in a book kept foV that purpose, and puuiisj.ru forth with by said board, once in a news paper published within the county. Tne board shall file a copy thereof with each of the following officers: the county treasurer, the county sup ervisor, mayor or intendent where the dispensary is located, and the , county superintendent of education; and upon the said days shall divide the profits into three equal parts; one-third to be paid to the county treasurer for ordinary county expen ses; one-third to the county treas urer for the county school fund, or for roads and bridges as may he de termined by the election provided for in section J of this act and one-third to the treasurer of the municipality in which said dispensary is located, for ordinary expenses. A few counties are exempt from the^ provisions of this section. Sec. 19. Licensed druggists con ducting druer stores and manufactur ers of proprietary medicines, are hereby authorized to purchase alco hol lor the purpose of compounding medicine tinctures and extracts that connot be used as a beverago. "Sec. 20. Any parent, husband, wite, committee or "liardian givin" the notice or request provided for in tins act shall have a right of action against any dispenser violating such notice or request, and mav sue for and recover damages therefor on the bond required of such dispenser. Sec. 21. All alcoholic liquors in possession of any person for unlaw lul use shall be seized without war rant, and if no action to recover same is begun, within 30 days from such seizure, or if such action he he gun and t?he judgment of the court be adverse to the plaintiff, then such liquors shall he forfeited to the coun ty in which same is seized, if there be a dispensary in said county, and disposed of as the comity dispensary board may deem best; but if there he no dispensary therein, such liqu ors shall he destroyed by the sheriff of the county. Sec. 22. Upon nffidavit, which may lie on information and belief, to the affect that countrahand liquor is being unlawfully concealed, kept or stored in any place, a search warrant may he issued by any magintratc of the county empowering any officer or person who may be deputized to < ntcr the said place by day or night and to search the said premises for the purpose of seizing tho said con traband liquors therein concealed, kept or stored, which said liquor, when seized, shall he disposed of as hereinbefore provided for the dis position ol unlawful liquors; Provid ed. That no dwelling house shall he searched in the ni;Jit time. "Sec. 23. Any person detected in , the act of violating any of the pro visions of this act shall be liable to arrest without warrant: Provided, a warrant shall be procured within a reasonable time thereafter. "Sec. 24. Every person who dis poses or rescues from a constable or other officer, or attempts so to do, an$ alcoholicjiquorj or beverages tak en or detained by such officer charg ed with the enforcement of this law shall, upon conviction, be punished by imprisonment not less than three mouvhs nor more than 12 months, or by tine of not lesa than $100 nor more than $500. "Sec. 25. Any person handling contraband liquor in the night time or delivering the same shall be guilty of c misdemeanor, and on conviction shall be punished by imprisonment for not less than three months nor moie than 12 months, or by a fine of not less than $100 or more than $500. '?Sec. 2(i. Any wagon, cart, boat or any other conveyance, together with horses, mules or other animals and harness accompanying the same, transporting liquors or beverages at night, other than regular passenger or freight steamers and railway cars, shall be liable to seizure and con fiscation, and the same to be duly adveitised and sold and the proceeds sent to the county dispensary board, to be applied as hereinbefore direct ed as to the profits. '?Sec. 27. Any common Carrier, or its agent or servants, or xany person who shall carry or transport alcohol ic liquors or beverages for unlawful use to any place or county where manufacture or sale of alcoholic liquors is prohibited, shall be deem ed guilty of a misdemeanor, and up on conviction, shall be fined not less than $100 and not more than $500, or be imprisoned at hard labor for not less than 30 days or more than two years, or by both, in the discre tion of the court. "Sec. 28. Any person who shall in this State offer for sale, or solicit the purchase of any of the liquors or beverages mentioned in section 1 of this act, other than for personal use, whether for present or future delivery, shall be deemed guilty of misdemeanor, and upon conviction in a court of competent jurisdiction shall be punished by fine of not less than $100, or imprisonment for not less than three months. "Sec. 29. All places where per sons are permitted to resort for the purposes of drinking alcoholic liqu ors or beverages are hereby declared nuisances, and the keeper or manager of such places, upon conviction shall be punished as provided in section 1 of this act. "Sec. 30. Every person who shall directly or indirectly, keep or main tain by himself or by associating or combining with others, or who shall in any manner aid, assist or abet in keeping or maintaining any club club room or other place in which any alcoholic liquors or beverages arc received or kept for unlawful use, barter or sale as a beverage, or for uistribu'icn or division among the members of any club or associa tion by any means whatever, and every person who shall receive, bart er, sell, assist, or "abet another in receiving or kept, shall be deemed guilty of a misdemeanor, and upon conviction thereof, snail be punish ed by a tine of not less than $100 or more than $500, _ or by imprisonment for a term of not less than three months nor more than 12 months. "Sec. 31. It shall bo unlawful for any club, company, association or corporation, or any chartered company now in existence, or here after to be incorporated, for social, literary, or other purpofies, within this State, to buy, sell, keen for sale, exchange, barter any liquor, wine, beer, bitters or other intoxicating spirits for any purpose whatever, either to members or to other per sons or members, and any member knoingly belonging to any club, company, association or corporation which receives and dispenses intoxi cating spirits contrary to the provis ions of this section, shall be deemed guilty of a misdemeanor, and upon conviction thereof before a magis trate, shall bo fined in a sum not less than $30 nor more than $50, or im prisonment in the county jail not exceeding 30 days, for each and every offense. "Sec. 32. Tho payment of the United States special tax as a liquor seller, or notice of any kind in any place of resort or in any store or shop, indicating that alcoholic liqu ors are thero sold, kept or given away, shall be hold to be prima facie evidence Ilia t the person or persons paying said tax and the parties dis playing such notiecs arc acting in violation of this act, unless said per son or parties are selling under ap pointment as prescribed by this aot, they shall be punished by a tine of not less than $100 nor more than $500 or by imprisonment for a term of not less than three months, nor more than 12 months. Conviction in the United States court of illicit sales of liquor shall be taken as prima facie evidence of violation of the provisions of this act, and any distiller or manufacturer of liquors containing alcohol so convicted in the United States court shall, by reason of such conviction, forfeit the permit or license granted him herein, in addition to the other penalties herein provided. "Sec. 33. Upon conviction of nny person for the violation of any pro vision of this act, where punishment is not provided for, such person shall be fined or imprisoned at hard labor in the discretion of the court: Pro vided, the fine shall not be less than $100, and the imprisonment not less than three months. "Sec. 34.^ In any countv in this State in which the dispensary has not been voted out by and under exist ing law, and until an election is held in such county as provided in this act, any dispensary now established therein shall be continuel as a dis pensary in said county under this act. There shall be appoinfed by the governor as soon after the op proval of this act as practicable, a county disjiensary board in such county in the same manner as is pro vided hereinbeforo for appointment of such boards, whose duties and au honty shall be the same as herein before provided for. such boards; said board is authorized to purchase from the proper State authorities the 8 took on hand or so much thereof as may be necessary. The profits aris ing from the operation as heretofore provided for division in section 18 of this act. "Sec. 35. In the event that a dis pensar be established under the pro visions of this act in any county, and thereafter an election be held* here under resulting in the disestablish- j ment of the same, the county dis pensary board in such county shall immediately close the dispensaries therein, dispose of the stock on hand for cash to some other county dis pensaipr board or to purchasers out side of this State,, apply the proceeds thereof, with any other assets, to the payment of outstanding obligations, and divide (he net proceeds as hero profits1*6 pi'?vided for dispensary "Sec. 30. Any person, firm or cor poration now engaged under license in the manufacture and sale of alco holic liquors or beers, in counties have not heretofore voted upon the question of dispensary or no dispen sary, is hereby permitted and lic ensed upon compliance with the fol lowing provisions, to continue such manufacture and sale until an elec tion be held as herein provided, re sulting in the prohibition of such manufacture, unless such license be sooner revoked by the general assem bly. Such license is hereby granted upon payment annually in advance, to the county dispensary board in such county of a license fee graduat ed as follows: For a distillery using from three to 50 bushels of grain per day, $500; for a distillery using from 50 to 100 bushels of grain per day ,$1,000; tor a distellery usinir from 100 to 200 bushels per day, Swf0?' /?r a distillery using from 200 to 600 bushels per day, $2,500; and for a distillery using over 600 bushels per day, $5,000, and for breweries and bottling establishments manufacturing or bottling lager and rice beer or other nlcohulic or malt beverages, the 'following jsums, to wit: such establishments using from one to 10 barrels per day, $500; from on \? bLar,el8 Per day, $1,500; from jO to 40 barrels per day, $3,000, and lor those using more than 40 bar rf n per da^'' $^>000. Such licensee shall file with said hoard a bond to the State for the use of county in a of not less than $5,000 nor more than $20,000, to he fixed by the coun ty dispensary board, said bonds to be based upon the size of the establish ments, with good and sufficient surety conditioned upon the faithful compliance with the law: Provided,1 That no license is hereby granted to any person, firm or corporation, other than those now engaged in such manufacture and sale iii coun ties wherein dispensaries are now es tablished and in operation or to the successor or successors of any such person, firm or coronation approv ed by the county disjjensary board, and no license shall hereafter be granted except in such counties nnd only to manufacturer and sell in one city therein of at least 20,000 inhabi tants: Provided, further, That it shall not be lawful for such manu facturer to sell such liquors and bev erages except in quantities anil in the manner prescribed in the con stitution: Provided, further, That such manufacturers shall not sell such liquors and beverages to any person, firm or corporation within the limits of this State, except to county dispensary board. In the ap plication for a permit or license to manufacture liquors and beverages or beer, the applicant shall give the county dispensary board full power, upon any violation of this act, to seize and take possession of any ma chinery or product on hand at the | distillery or place where such appli cant may manufacture such liquors <r s.ich beers, and shall authorize to pay the United States government tax upon the same and dispose there of as provided herein for contraband goods. The license fees herein pro vided shall be divided as provided for dispensary profits in section 18 of this act; and the term manufac turer wherever used in this act, shall include bottling establishments for malt liquors and brewers of boer may rtell to such bottling establish ments. 37, co?nty may pro int the manufacture and sale herc he fnlT ?t'?,,80d within i,s ''mils iu the following manner: Upon the pe voter<< ?, 0riP*!'0,,r' ,l Of the qualified voters of such county for an elec mo MP?n. ,h? lotion of manufac- ' tui e therein, being filed with the su pervisor ot said county lie shall order an election submitting the question of manufacture or no manufacture, which election shall be petitioned for ordered, and conducted in the same manner ns provided in sections 2, and 4 of this art, except that the bal lots be For manufacture,' and Against, manufacture.' "Sf- " "'ml' he the duty of he sheriffs", (heir ,leputies, ?L, ?"'?t?hle?, rur.l poli^ 'oTy and town officials to enforce the pro visions of this act. Jf they faif to do so ,t is hereby made the duty of the governor to enforce the #ame and he is hereby authorized to an point such deputies, constables and detectives as may be necessary; the salaries and expenses of such officers to be paid out of the profits of the, dispensaries in counties wherein they mav be ertnf.nshed and out of the o-.,,nary county funds i? counties lisheT" ',aVC n(>t btcn os,nb "Sec. 3D. The office of dispensary auditor ia Lonby created. The go*, ornor shall immediately upon ap|?rovui of this art appoint a com petent poison as dispensary auditor ?- examine iroia time to time as here inafter provided into the affairs ?? ai! cit>|?enKaries and liquor mamifao turinjf establishments conducted in the State. "See 40. shall be the duly of fai.-h dispensaiy auditor to makj a thorough examination into all Cf books, papers and affairs of the said dispensaries aud liquor manufactur tjtablislniMits and in making such examinations he shall have au thority to administer oaths and to summon and examine all persona connected with the said dispensary and liquor manufacturing establish ment. He shall make a full and da tailed report of his findings and fila the same with the treasurer of the county in which the dispensary is located. Said examination and im port of each dispensary and estab lishment shall be made at least onoa every tlirtee months. "Sec. 41. The term of the offiee of the said dispensary auditor shall be four years and he shall receive aa compensation $2,000 per annum and all actual expenses incurred by him in the discharge of his duties. "Sec. 42. The said dispensary auditor is hereby authorized to pre scribe a system of bookkeeping and accounts for the several county dia pensary boards and to enforce tha observance of the same. "Sec. 43. All accounts for salary and expenses of the dispensary audi tor shall be submitted to and approv ed by the comptroller general and he shall apportion the same to and assess the same upon the several dis pensaries in the State according to their gross sales and the same shall be paid by the several county dis pensary boards to the State treasur er to be paid by him upon the war rants of the comptroller general. "Sec. 44. Any person who may obstruct or interfere with said dis pensary auditor in the pcrformanea of his duties shall be deemed guilty of a misdemeanor, and upon convic tion shall be punished by imprison ment not exceeding one year or by fine not exceeding $1,000, or both, in the discretion of the court. "Sec. 45. If any member of tha county dispensary board, any dispen ser, clerk or assistant in their em ploy, violates any of the provisiona of this act, he shall be deemed guilty of a misdemeanor and shall be re moved from olfice. f*Sec. 4o. it snail be unlawful for any distiller manufacturer or brewer of any alcoholic liquors or beveragos, or any dealer in any of said liquors or beverages, or any agent of any such distiller, manufacturer, breyer or dealer, to approach or conButt personally, or attempt so to do, any member of any county dispensary board or any clerk in any dispensary or the dispensary auditor, regarding any particular brand or kind of li quor or beer for the purpose of rec ommending or influencing the pur chase of any of said goods, or for urging the consideration of any spe cial qualities claimed for same, or for any other purpose, or to addrras any personal communication by wire or nuiil or l?v other means to any member of any of said county dis pensary boards or to any dispenser or clerk in any dis[>ensary or to the dispensary auditor concerning any liquors or bet is* of any brand or kind* whatsoever which might be in tended or calculated to inilucncc ei ther of said parties to urge or rec ommend or suggest tho purchase of same, or to attempt in any way to influence either of said parties to give preference to his or their goods, or to present or suggest the presen tation of any rebate, gift or thing of value whatsoever to any member of any county dispensary board or to any dispenser or clerk in any dispen sary or to the dispensary auditor for the purpose of influencing either of said parties, or for any other pur pose. "Sec. Before selling or deliv ering any intoxicating liquors to any person, a request must be presented to the county dispenser printed or written, dated of tho true date stat ing that he or she is of age and the residence of the signer, for whom or whose use it is required, the quantity and kind required, and his pr lipr true name, and the request shall do' signed by the applicant in his own true name and signature attested by the county dispenser or his clerk who receives and tiles the requests. But the requests shall be refused if the county dispenser filling it personally knows the person is a minor, that he is intoxicated, or that he is in tha habit of using intoxicating liquoif to an excess; or if the applicant Is not so personally known to snid coun ty dispenser, before filling said ordor or delivering said liquor ho shall re ceive the stnteincnt of a reliablo and trustworthy person of good character and habits, known personally to him. that tho applicant is not a minor ana is not in the habit of using intoxi cating liquors to an excess, suoh re quest books shall be provided by the county boards in the manner and form as is provided in section 587 and 568 of t lie criminal code. "8ec. 48. The State dispensary is hereby abolished and all acts and parts of acts inconsistent with this act art? hereby repealed. | "Sec. 40. This act shall go into effect immediately upon its approval I by the governor: Provided, That thu act shall not have the effect of pr^> venting any violations of the present criminal law relating to the dispet^ sary being punished as now provided by law for offenses heretofore com mitted." .