Open main menu

Page:Harvard Law Review Volume 2.djvu/147

This page needs to be proofread.


UQUOR STATUTES IN UNITED STATES. 129

Or the right is given to towns and counties,^ also to towns alone.*

Or to counties only, but if a majority in any township, town, or election precinct within such county vote " No," then no license may be issued therein.*

A majority of the adult inhabitants, including females, residing within three miles of any institution of learning or church may, by petition to the county court, obtain an order forbidding the sale of liquors within three miles of such building for the period of two years thereafter.*

Recurrence. — The frequency of these elections is variously lim- ited. The question of license is to be submitted at each annual or general* election, or in the even-numbered years.*

It cannot be submitted within two,^ or three, or four* years of a decision, and the result remains in force until changed by a subse- quent election.* But the failure to carry prohibition in a county shall not prevent an immediate election in any justice's precinct, town, or city, on the question.**

If a " No " vote results, the existing licenses are void ; ^ or run till their expiration, or for six months, or a reasonable time there- after. In Texas the proportion of license fee for the unexpired time is returned.**

The rule in Arkansas is unique. No license may be granted in that State unless a majority of the county so votes ; but if a major- ity in any township, town, or ward of a city in such county vote for license, it may be issued therein.** Hence the Arkansas sys- tem is Prohibition with Local Option for License, instead of License with Local Option for Prohibition, as in other States.

In Tennessee it is forbidden to sell intoxicating liquors within four miles of any school-house, public or private, whether school is in session or not. But this does not apply to incorporated towns.**

Another form of Local Option is that which forbids the issuing

1 Laws Mo. 1887, p. 179, 8. I. s Genl Stats. Conn. 1888, s. 3050.

« Code of N. C. 1883, s. 31 17. * Dig. Stats. Ark. 1884, ss. 4524, 4525.

• Dig. Stats. Ark. 1884, s. 4513. • Laws Wash. Terr, i^ p. 31, s. 4. 7 Genl Stats. Ky. 1887, P- 470. • Laws Mo. 1887, p. 179, s. 7.

  • Laws Dak. 1887, ch. 70, s. 4. ^ Laws Texas, 1887, ch. 104, s. I.

u Gen. Stats. Conn. 1888, s. 3051. ^ Laws Texas, 1883, ch. 106.

" Dig. Stats. Ark. 1884, s. 4515. " Acts Tenn. 1887, ch. 167.