TEXAS.

Texas has a local prohibitory law, passed in 1876, as follows:

CHAPTER XXXIII.

AN ACT to prohibit the sale, exchange, or gift of intoxicating liquors in any county, justice's precinct, city, or town in this State that may so elect; prescribing the mode of election, and affixing a punishment for its violation.

SECTION 1. Be it enacted by the Legislature of the State of Texas, That it shall be the duty of the commissioners' court of each county in the State, upon the written petition of fifty qualified voters of said county, or upon such petition by twenty qualified voters of any justice's precinct, town, or city therein, to order an election to be held by the qualified voters of said county, justice's precinct, town, or city, as the case may be, to determine whether the sale of intoxicating liquors, and medicated bitters producing intoxication, shall be prohibited in such county, justice's precinct, town, or city, or not. Provided, that nothing herein contained shall be construed to prohibit the sale of wines for sacramental purposes; nor alcoholic stimulants as medicines in cases of actual sickness, when sold upon the written prescription of a regular practising physician, certifying upon honor that the same is actually necessary as a medicine.

SEC. 2. It shall be the duty of such court, at its first session, after the filing of such petition with the clerk thereof, to order an election to be held at the regular voting place or places within the proposed and prescribed limits, upon a day not exceeding thirty days from the date of said order; and said order shall express the object of said election. The clerk shall post, or cause to be posted, at least five copies of said order at different public places in each justice's precinct, town, or city in which such election shall be held, for at least twenty days prior to the day of election. Said court shall appoint and qualify the proper officers under existing laws. At said election those who favor the prohibition of the sale of intoxicating liquors within the prescribed limits shall have written or printed on their tickets the words "For Prohibition"; and those who oppose it shall endorse on their tickets the words "Against Prohibition." The officers holding said election shall in all respects not herein

specified conform to the existing laws regulating elections; and after the polls are closed, they shall proceed to count the vote; and they shall, within ten days thereafter, make due report of said election to the aforesaid court.

SEC. 3. Said court shall hold a special session on the eleventh day after the holding of the aforesaid election, or as soon thereafter as practicable, for the purpose of opening the polls and counting the votes; and if a majority of the votes cast are "For Prohibition," said court shall immediately make an order declaring the result of said vote, and absolutely prohibiting the sale of intoxicating liquors within the prescribed bounds (except for the purposes specified in section one of this act), until such time as the qualified voters therein may, at a legal election held for the purpose, by a majority vote, decide otherwise; and said order of court so declaring the result of election and prohibiting the sale of intoxicating liquors shall be published for four successive weeks in the newspaper having the largest circulation in the county; and in such counties as shall have no newspaper, by posting said order at three public places within the prescribed limits. But if a majority voting at such election vote 'Against Prohibition," the court shall make an order declaring the result, and have the same entered of record in the office of the clerk of said court.

66

SEC. 4. No election under the foregoing sections shall be held within the same prescribed limits in less than twelve months after an election under this act has been held therein; but a failure to carry prohibition in a county shall not prevent such election being immediately thereafter held in a justice's precinct, town, or city of said county; nor shall the failure to carry prohibition in a town or city prevent an election being immediately thereafter held in the same justice's precinct; nor shall the holding of such election in any justice's precinct in any way prevent the holding of an election for the entire county immediately thereafter.

SEC. 5. When any such election has been held, and has resulted in favor of prohibition, and the aforesaid court has made the order declaring the result, and the order of prohibition, and has caused the same to be published as aforesaid, any person or persons who shall thereafter, within the prescribed bounds of prohibition, sell, exchange, or give away, with the purpose of evading the provisions of this act, any intoxicating liquors whatsoever, or in any way violate any of the provisions of this act, shall be subject to prosecution, by information or indictment, and shall be fined in a sum not less than twenty five nor more than two hundred dollars for each and every violation of any of the provisions of this act.

SEC. 6. It is hereby made the duty of the district judges, to give

this act in charge to the grand juries; and it is made the especial duty of the county attorneys, the county judges, and all justices of the peace having jurisdiction in the premises to see that this act is rigidly enforced. An officer failing to discharge his duties under this act in any respect shall be subject to indictment, and, if convicted, shall be fined not less than one hundred nor more than one thousand dollars. All fines collected under this act shall be paid into the county treasury, and shall continue a part of the school fund for the county, justice's precinct, town, or city in which the law is in force.

SEC. 7. All laws and parts of laws in conflict with this act are her by repealed.

Approved June 24, 1876.

Takes effect ninety days after adjournment.

OTHER STATES.

WISCONSIN.

WISCONSIN,, in place of the more stringent so-called "Graham" law, has a license law of twenty-four sections, approved March 9, 1874. The board of supervisors of the several towns, and the aldermen of any incorporated city, and the board of trustees of any incorporated village, are constituted the licensing authorities, who may grant licenses to as many persons as they "may deem proper." A bond of $500 is required as a guarantee of compliance with the restrictive provisions of the law. Penalties are provided for the sale of liquor without license. Liquors may not be sold or given away to "spendthrifts" or minors, and parties injured in consequence of the sale of liquors may sue for damages. Drunkenness is punished by a fine not exceeding $10 and costs, and imprisonment not exceeding five days, or both. All places where intoxicating liquors are sold in violation of law shall be shut up and abated as public nuisances.

KANSAS.

KANSAS has a license law of fifteen sections, entitled "An Act to restrain Dram-shops and Taverns, and to regulate the Sale of intoxicating Liquors," approved March 3, 1868.

SECTION 1 provides, except in "cities of the first and second classes," that petitions for license must be signed by a majority of the residents of the ward or township of twenty-one years of age or over, " both male and female,"

certifying as to the fitness of the applicant and requesting that the license be granted.

SEC. 2 provides for an annual tax upon every license granted of "not less than one hundred dollars, and not more than five hundred dollars."

SEC. 3 prescribes penalties for the sale of liquor without license.

SEC. 4 prohibits the sale of liquors on Sunday, the Fourth of July, and upon election days.

The remaining sections provide against evasion, and for the faithful execution of the law, for civil damage, that dram-shop debts for liquors sold shall be void in law and that intoxication shall be unlawful.

Another act, approved March 5, 1875, provides for "the removal of public officers who are guilty of being intoxicated, or of gambling." The first section is as follows:

Be it enacted by the Legislature of the State of Kansas:

SECTION 1. That any State, district, city, county, or township officer of this State, for whose removal from office by impeachment there is no provision, who shall in any public place within the State be in a state of intoxication produced by strong drink voluntarily taken, such officer shall be deemed to have committed an offence against the public morals, and on conviction thereof shall be adjudged to have forfeited his office, and his said office shall thereupon be declared vacant by the court trying the cause.

NEBRASKA.

NEBRASKA has a license law of nineteen sections. It is the function of county commissioners to issue licenses upon the petition of at least ten freeholders, attested before a justice, setting forth that the applicant is of "respectable character and standing," and praying that the license may be issued. License fees are devoted to the school fund. The sale of liquor to Indians is prohibited. Liquor-ven