The people. (Camden, S.C.) 1904-1911, February 21, 1907, Page Pages 3 and 4, Image 7
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." .