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hand, and secured on the other, by a regular constitutional change in the chief of the country at each election: therefore, we are in favor of limiting the occupancy of the presidential chair to one term.
13. That we are in favor of granting general amnesty and restoring the Union at once on the basis of equality of rights and privileges to all, the impartial administration of justice being the only true bond of union to bind the States together and restore the Government of the people.
14. That we demand the subjection of the military to the civil authorities, and the confinement of its operations to national purposes alone.
15. That we deem it expedient for Congress to supervise the patent laws, so as to give labor more fully the benefit of its own ideas and inventions.
16. That fitness, and not political or personal considerations, should be the only recommendation to public cffice, either appointive or elective, and any and all laws looking to the establishment of this principle are heartily approved.
THE BAXTER LIQUOR LAW.
AN ACT to regulate the sale of intoxicating liquors; to provide against evils resulting from any sale thereof; to furnish remedies for damages suffered by any person in consequence of such sale; prescribing penal ties; to repeal all laws contravening the provisions of this act, and declaring an emergency.
[APPROVED FEBruary 27, 1873.]
SECTION 1. Be it enacted by the General Assembly of the State of Indiana, That it shall be unlawful for any person or persons, by himself or agent, to sell, barter, or give away for any purpose of gain, to any person whomsoever, any intoxicating liquors to be drunk in, upon, or about the building or premises where the liquor is sold, bartered, or given away, or in any room, building, or premises adjoining to or connected with the place where the liquor is sold, bartered, or given away for the purpose of gain, until such person or persons shall have obtained a permit therefor from the board of commissioners of the county where he resides, as hereinafter provided.
Sec. 2. Any person desiring a permit to sell intoxicating liquors to be drunk on the premises, shall file in the office of the auditor of the proper county, not less than twenty days before the first day of the term of any regular session of the board of commissioners of such county, a petition in writing, stating therein the building or number, street, ward or township wherein the permission is asked to be granted, praying for such permit, and certifying that the applicant is a resident voter of such county, and a citizen of the State of Indiana, and that he is a proper person to have and receive such permit; which petition shall be signed by the applicant, and also by a majority of the legal voters resident in the ward, if it be in a
city or town, if it be in an incorporated town, or township wherein the applicant proposes to sell intoxicating liquors; such petition shall be kept on file by the auditor until the next ensuing regular session of the board of commissioners, when it shall be presented to the board for their action. The board shall examine such petition, and if satisfied the same is in proper form, and that it has been signed as hereinbefore required, shall direct a permit to be issued under the hand and seal of said auditor, and delivered to the person named in such permit, upon his complying with the provisions of this act and paying the costs of filing and recording said petition and costs of issuing said permit.
Sec. 3. Before the granting of a permit by the board of commissioners, the applicant shall cause to be executed and properly acknowledged before an officer authorized to take acknowledgment of deeds, a bond payable to the State of Indiana, in the sum of three thousand dollars, with good freehold security thereon of not less than two persons, to be ap proved by the board of commissioners, and conditioned for the payment of any and all fines, penalties and forfeitures incurred by reason of the violation of any of the provisions of this act; and conditioned further, that the principal and sureties therein named shall be jointly and severally liable, and shall pay to any person or persons, any and all damages which shall in any manner be suffered by or inflicted upon any such person or persons, either in person or property, or means of support, by reason of any sale or sales of intoxicating liquors to any person, by the person receiving such permit or by any of his agents or employees. Separate suits may be brought on said bond by the person or persons injured, but the aggregate amount recovered thereon shall not exceed the said sum of three thousand dollars, and in case the amount of said bond shall be exhausted by recoveries thereon, a new bond in the same penalty and with like sureties shall be filed within ten days, and in default thereof said permit shall be deemed to be revoked. Such bond, after its approval by the board of commissioners, shall be filed in the office of the auditor of the county, and shall be recorded by such auditor forthwith in a book prepared for that purpose, and shall there remain for the use of the
State of Indiana, and for the use of any person or persons suffering any damage as herein before set forth. Such bond may be sued and recovered upon in any court having civil jurisdiction in the county (except justices' courts) by or for the use of any person or persons, or their legal representatives, who may be injured or damaged by reason of any sale or sales of intoxicating liquors by the person receiving the permit or by any of his agents or employees. The record of the bond or a copy thereof, duly certified by such auditor, shall be admissible in evidence in any suit on such bond, and shall have the same force and effect as the original bond would have if offered in evidence.
Sec. 4. The whole number of votes cast for candidates for Congress at the last preceding Congressional election in the township, and the whole number of votes cast for councilman or trustee in any ward or town, at the last preceding municipal election in any city or town in which the applicant for permit desires to sell said intoxicating liquors, shall be deemed to be the whole number of legal voters of such ward, town or township, a majority of whose names shall be signed to the petition of such applicant; and it is further provided, that any person not a legal voter in said ward, town or township, who shall sign said petition, or any person who signs the name of any person other than himself, without the permission previously obtained of said person to so sign his name, shall be fined not less than fifty nor more than one hundred dollars for each signature so made.
Sec. 5. No permit, as herein provided for, shall be granted for a longer or shorter time than one year. It shall be the duty of the Auditor of the county to furnish the person to whom such permit is granted, a copy of the order of the Commissioners granting the permit, which copy shall show in conspicuous letters the date of the commencement of such permit, and of its expiration; and it is further provided, That such copy of the order of the Commissioners, certified by the Auditor, shall be hung up in a conspicuous place in the room where said liquor is sold, where the same may at all times be seen and read by any person desiring so to do. Should any person holding a permit be convicted of a violation of any of the provisions of this act, such conviction shall
work a forfeiture of his permit, and of all rights thereunder; and no permit shall thereafter be granted to such person before the expiration of five years from the date of such conviction.
Sec. 6. It shall be unlawful for any person, by himself, or agent, to sell, barter, or give intoxicating liquors to any minor, or to any person intoxicated, or to any person who is in the habit of getting intoxicated.
Sec. 7. All places where intoxicating liquor is sold in violation of this act, shall be taken, held. and declared to be common nuisances; all rooms, taverns, eating-houses, bazaars, restaurants, drug stores, groceries, coffee-houses, cellars, or other places of public resort, where intoxicating liquors are sold in violation of this act, shall be shut up and abated as public nuisances, upon conviction of the keeper thereof, who shall be punished as hereinafter provided.
Sec. 8. Any person or persons who shall by the sale of intoxicating liquor, with or without permit, cause the intoxication, in whole or in part, of any other person, shall be liable for and be compelled to pay a reasonable compensation to any person who may take charge of and provide for such intoxicated person, for every day he or she is so cared for, which sum may be recovered in an action of debt before any court having competent jurisdiction.
Sec. 9. It shall be unlawful for any person to get intoxicated. A person found in a state of intoxication shall upon conviction thereof, be fined in the sum of five dollars. Any person convicted of intoxication shall be required upon the trial to designate the person or persons from whom the liquor in whole or in part was obtained. In default of so designating such person, he or she shall in addition to the fine above mentioned, and as a part of his or her punishment for the offense, be imprisoned in the county jail not less than one day nor more than ten days, at the discretion of the court.
Sec. 10. A permit granted under this act shall not authorize the person so receiving it to sell intoxicating liquors on Sunday, nor upon the day of any State, county, township, or municipal election, in the township, town or city where the same may be held; nor upon Christmas day, nor upon the Fourth of July, nor upon any Thanksgiving day, nor upon any public holiday, nor between nine o clock P. M. and six o'clock