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Repeal.

Prevent pollution of Water.

Extension of
Works.

Lighting plants.

may be endangered, or their health injured, or their morals likely to be impaired,” be, and the same are hereby repealed. This act shall tak effect and be in force on and after July 1, 1908. - FREEMAN T. EAGLESON, Speaker of the House of Representatives.

JAMES M. WILLIAMS,
President of the Senate.

Passed February 28, 1908.
Approved February 28, 1908.

ANDREW L. HARRIs, Governor. - 2IG

[Amended House Bill No. 1002.]

AN ACT

To amend section 7-O of the Municipal Code of 1902, giving municipalities power to sell electricity.

Be it enacted by the General Assembly of the State of Ohio:

SECTION I. That section 7-O of the Municipal Code of 1902 (96 O. L. 20), be amended so as to read as follows:

Sec. 7-0. To provide for a supply of water, by the construction of Wells, pumps, cisterns, aqueducts, water pipes, reservoirs and water-works, and for the protection thereof, and to prevent unnecessary waste of water, and the pollution thereof, and to apply moneys received as charges for water to the maintenance, construction, enlargement and extension of the works, and to the extinguishment of any indebtedness created therefor; and to establish, maintain and operate municipal lighting, power and heating plants; and to furnish the municipality and the inhabitants thereof with light, power and heat and to procure everything necessary therefor; and to acquire by purchase, lease or otherwise the necessary lands for such purposes, within and without the municipality.

SECTION 2. All contracts heretofore entered into by any municipality for the purpose of supplying the inhabitants thereof with electricity for light, heat and power, and all bonds heretofore issued for such purpose, together with all acts done and ordinances passed relating to such purpose, shall be and remain valid, legal and binding contracts, bonds, obligations and ordinances of such municipality; and all funds remaining from the sale of any such bonds shall be applied only to the purpose for which such bonds were

Present
COntracts,

Application
of funds.

sold.

SECTION 3. That said section 7-O of the municipal code of 1902 be and the same is hereby repealed.

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Further to provide against the evils resulting from the traffic

in intoxicating liquors by providing for local option in counties.

Be it enacted by the General Assembly of the State of Ohio:

SECTION I. That whenever thirty-five per cent. Of the qualified electors of any county shall petition the commissioners or any common pleas judge of such county for the privilege to determine by ballot whether the sale of intoxicating liquors as a beverage shall be prohibited within the limits of such county, such commissioners or common pleas judge shall order a special election to be held in not less than twenty nor more than thirty days from the filing of such petition with the commissioners or common pleas judge or from the presentation of such petition to said commissioners or common pleas judge, which said petition shall be filed as a public document with the clerk of the common pleas court and preserved for reference and inspection and such election shall be held at the usual place or places for holding regular elections, and notice shall be given and the election conducted in all respects as provided by law for the election of county officers so far as said law may be applicable. The result of such election shall forthwith be entered upon the record of the proceedings of the commissioners, and with the clerk of the common pleas court, and in all trials for violation of this act, the original entry of the record, or a copy thereof certified by the clerk of the county common pleas court or any commissioner provided that said record shows that a majority of the votes cast at said election was against the sale of intoxicating liquors as a beverage, shall be prima facie evidence that the selling, furnishing or giving away of intoxicating liquors as a beverage or the keeping of a place where such liquors are sold, kept for sale, given away or furnished, if such selling, fur

Petition for election.

Special election to be ordered.

Notice and conduct of elections.

Record of result and its value as ovidence.

Ballots to be voted.

When sale shall be unlawful.

Penalty for violation,

When abato (l as a nuisance.

Meaning of phrase, “Intoxicating liquors.”

Regular drug-
gists may
sell.

nishing or giving away or keeping of such place occurred after thirty days from the day of holding the election, was then and there prohibited and unlawful.

SECTION 2. The ballots at any special election held under the provisions of this act, shall be printed with an affirmative and a negative statement, to-wit: “The sale of intoxicating liquors as a beverage shall be prohibited.” “The sale of intoxicating liquors as a beverage shall not be prohibited,” with a blank space on the left side of each statement in which to give each elector an opportunity to clearly designate his choice by a cross mark as Iollows: The sale of intoxicating liquors as a beverage shall be prohibited. The sale of intoxicating liquors as a beverage shall not be prohibited. And if a majority of the votes cast at such election shall be in favor of prohibiting the sale of intoxicating liquors as a beverage, then from and after thirty days from the date of holding said election it shall be unlawful for any person, personally or by agent, within the limits of such county to sell, furnish or give away intoxicating liquors to be used as a beverage, or to keep a place where such liquors are kept for sale, given away or furnished for beverage purposes and whoever from and after the thirty days aforesaid violates any of the provisions of this act or in any manner directly or indirectly, sells, furnishes, or gives away or otherwise deals in any intoxicating liquors as a beverage, or keeps or uses a place, structure or vehicle, either permanent or transient for such selling, furnishing or giving away or in which or from which intoxicating liquors are sold, given away or furnished or otherwise dealt in as aforesaid, shall be guilty of a misdemeanor and shall on conviction thereof be fined not more than two hundred dollars nor less than fifty dollars for the first offense, and shall for any subsequent offense be fined not more than five hundred dollars nor less than two hundred dollars and the court on conviction for a second or subsequent offense shall order the place where such liquor is sold, furnished or given away for beverage purposes, to be abated as a nuisance or shall order the person convicted for such subsequent offense to give bond payable to the state of Ohio in the sum of one thousand dollars with sureties to the acceptance of the court that such person will not sell, furnish or give away any intoxicating liquor as a beverage in said county in violation of law. SECTION 3. The phrase “intoxicating liquor” as used in this act shall be construed to mean any distilled, malt, vinous or any intoxicating liquor whatever. I}ut nothing in this act shall be construed to prevent the selling of intoxicating liquors at retail by a regular druggist for exclusively known medicinal, pharmaceutical, scientific, mechanical or sacramental purposes; and when sold for medicinal purposes it shall be sold only in good faith upon a written prescription, signed and dated in good faith by a reputable physician in active practice and the prescription used but once. The words “giving away” where they occur in this act shall not apply to the giving away of intoxicating liquors by a person in his private dwelling unless such private dwelling is a place of public resort.

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SECTION 4. When any person, company or corporation has discontinued such traffic in accordance with the provisions of this act, within the time specified by section 2 of this act, and has paid or is charged upon the tax duplicate with an assessment upon such traffic, the county auditor, upon being satisfied of such fact, shall issue to such person, company or corporation a refunding order of an amount proportionate with the unexpired time for which said assessment has been paid.

SECTION 5 The petition for an election provided for in sections I and 2 of this act, shall be deemed sufficient and the commissioners or judge shall order such an election when the petition is signed by as many qualified electors as shall equal in number thirty-five per cent. of the number of votes cast in said county at the last preceding general election, and no elector can sign his name to such petition after it is filed, or withdraw his name from such petition after it is filed, unless, such signature was secured through fraud, and in indictments, affidavits, or information for violation of this act, it shall not be necessary to set forth the facts showing that the required number of electors in the county petitioned for an election and that the election was held, or that the majority voted in favor of prohibiting the sale as herein provided. But it shall be sufficient to state that the act complained of was then and there prohibited and unlawful.

SECTION 6. The following shall be deemed a sufficient entry and record of the result of an election held under the provisions of this act: The State of Ohio, County of . . . . . . . . . . . . . . . The special election held on the . . . . day of . . . . . . . . A. D., . . . . . . . . . . . . within and for the county of . . . . . . . ., under the local option law, resulted as follows: Whole number of votes “for the sale of intoxicating liquors as a beverage” . . . . . . Whole number of votes “against the sale of intoxicating liquors as a beverage” . . . . . . SECTION 7. Money received from fines and forfeited bonds collected under the provisions of this act shall be paid into the treasurv of the municipal corporation wherein said fine was imposed and bond forfeited, and shall be applied to such fund or funds as the council of said corporation may direct. When such law is enforced in the county court the fine shall be paid into the county treasury. SECTION 8. At any time after three years from the date of an election held under the provisions of this act, but not before, another election may be petitioned for and

Robate of tax.

What constitutes 35 per cent. of qualified voters.

Entry and record of clection.

Disposition of fines.

Another olection may bo ordered, when.

Other local option laws not disturbed.

Contest of election.

County proscutor shall defend.

Qualified elector may defend.

Method of procedure.

Who Shall prosecute for violations.

This act effective, When.

shall be ordered by the commissioners or common pleas judge, as provided for in this act. But nothing contained in the provisions of this act, shall affect, amend or repeal or alter in any way any other law or ordinance which prohibits throughout any municipality, township or residence district the selling, furnishing or giving away of intoxicating liquor as a beverage or the keeping of a place where intoxicating liquor is sold, furnished or given away as a beverage.

SECTION 9. Any person being a qualified elector of the county wherein an election shall have been held as provided for in this act, may contest the validity of such election by filing a petition duly verified with the probate court of the county within ten days after the election, setting forth the grounds for contest.

The probate judge upon the filing of such petition shall forthwith issue a summons addressed to the county prosecutor notifying him of the filing of such petition and di. recting him to appear in said court on behalf of said county at the time named in the summons, which time shall not be more than twenty days after the election nor less than five days after the filing of such petition. Any qualified elector in such county may in person or by attorney appear in such contested election case in defense of the validity of the election.

The probate judge shall have final jurisdiction to hear and determine the merits of the proceedings, and in other respects in the procedure of the hearing he shall be governed by the law providing for the contesting of an election of a justice of the peace so far as such law is applicable. The probate court shall require the person or persons contesting the election to furnish sufficient security for costs before said petition is filed.

SECTION Io. It shall be the special duty of the prosecuting attorney of the county and the attorney for any village and the city solicitor of any city in the county to prosecute cases for violation of this act, and the common pleas court shall charge each grand jury to investigate all violations of this law.

SECTION II. This act shall take effect and be in force on and after September 1, 1908.

FREEMAN T. EAGLESON, Speaker of the House of Representatives.

JAMES M. WILLIAMS,
President of the Senate.

Passed March 5, 1908.
Approved March 5, 1908.
ANDREW L. HARRIs,
Governor.

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