Page:Harvard Law Review Volume 2.djvu/151

 LIQUOR STATUTES IN UNITED STATES, 133

peace occurs, is presumed to have aided and abetted therein.^ Elsewhere the mayor or selectmen may prohibit the sale of liquor in cases of riot or great public excitement^

In a few States the sale of liquor in connection with any theatre * or concert hall ^ is forbidden ; likewise, the sale within two miles of public political meetings.^

Penalties. — The breach of these regulations is a misdemeanor with the penalty of $io to $ioo fine, or ten days to three months imprisonment, or both ; with increased penalties, and forfeiture of license * for a second offence.

A portion of the fines may go to the informer,^ or to the school fund.®

Miscellaneous. — In some States special grocery licenses are given, in others the sale at groceries is specially prohibited.*

Again, sale on credit is forbidden,^^ and no recovery may be had for sales of less than a quart at a time. Elsewhere, " treating " is forbidden,^ and one having *' treated " a voter forfeits the office to which he may have been elected.^

It is often provided that the public schools shall give instruction on the effects of alcoholic stimulants on the human system.^

It is not necessary in Ohio to allege the precise kind of liquor sold.^* " Intoxicating " includes both beer and cider .^

A judge may subpoena one found intoxicated to declare where and of whom he obtained the liquor. *•

Retailers are those selling in quantities less than five gallons,^^ or than one quart,*® and their licenses may be transferred if the body which has power to grant license consents.

The Ohio system is peculiar. By the constitution no license to traffic in liquors shall be granted by the State.^

By the Liquor Tax law of 1883 all persons retailing liquor are " assessed " under provisions similar to those elsewhere used to regulate licenses.*^

1 Gen. Stats. S. C. 1882, s. 1740. « Laws Mass. 1887, c. 365.

» Penal Code CaL, ss. 304-5. * Laws N. Y. 1887, ch. 307, § 3.

• Code N. C. 1883, s. 1079. • tAVfS Mass. 1887, c 392.

^ Code Miss. 1880, s. 1104. ' Laws lo. 1884, c. 143, s. 9.

• Laws Pa. 1887, no. 53, s. 4. ^ Code Cal. iv. p. 616.

^ Comp. Stats. Neb. 1887, ch. 50, s. 31. ^ Code W. Va. 1887, ch. 5, s. 10.

M Acts Mich. 1887, no. 165, s. i. " Rev. Stats. Ohio, 1886, s. 7222.

V Gen. Stats. Conn. i888t s. 3048. ^ Acts Mich. 1887, no. 313, s. 19.

IT Laws of Mo. 1887, p. 217. M Rev. Stats. Mont. 1879, P- 57^ »• 798.


 * » Cons. Ohio, art. 15, s. 9. » Oh. Laws, 1888, no. 237.