Page:Harvard Law Review Volume 2.djvu/153

 LIQUOR STATUTES IN UNITED STATES. 135

If such intoxicated person be imprisoned for such intoxication, or for acts resulting therefrom, his wife or minor children may re- cover $2 per diem for every day of such imprisonment from the person in whole or in part causing such intoxication.^

The mayor or any one of the selectmen may give notice and sue in his own name for the benefit of the relatives.^ Married women and minors may recover in their own name and for their own benefit

A relative may recover $5 from the vendor allowing one to be- come drunk on the premises.*

The lessor and the sureties * may be liable as above.

One taking care of a person found intoxicated may recover his reasonable expenses,* and $2* or $5 ^ per day besides.

The evidence need only show that the sale was made on the day or about the time when the intoxication occurred, and proof of a single sale during such period will entitle a relative to recover ;® and it is sufficient if such intoxication be caused in whole or in part by the defendant^

Constitutional Provisions.

Fifteen States refer to this subject in their constitutions, namely, Alabama, Colorado, Florida, Georgia, Illinois, Iowa, Kansas, Louisiana, Maine, Mississippi, Nebraska, Ohio, Rhode Island, Texas, West Virginia.

Some declare that the legislature or county supervisors may regulate and prohibit^ by license tax,^ or otherwise ; and the pro- ceeds of license taxes go to the school fund of the State ^ or the division where they accrued.^

Elsewhere, sale on Election-day or near the polls is forbidden.^*

In two States — Florida and Texas — Local Option is enjoined,^^ and in four — Iowa, Kansas, Maine, Rhode Island — the traffic is prohibited,^® except for medical, mechanical, or scientific purposes.

Adulteration of liquor is forbidden in Colorado.^^

1 Laws of Vt. 1886, no. 26. * Acts Mass. 1885, ^^ 282, s. 2.

« Dig. Laws Pa. p. 1083, s. 57. * Acts Mich. 1887, no. 313, s. 2a


 * Pol. Code Dak. 1885, ch. 35, s. 8. « Rev. Stats. IlUnois, 1887, s. 16.

' Comp. Laws Kansas, 1885, s. 2300. » Comp. Stats. Neb. 1887, ch. 50, s. i8.

• Laws R. I., May Sess., 1886, pp. 2-20, s. 48.

w Cons. W. Va. art. 6, s. 46. " Cons. Illinois, art. 9, s. I.

M Cons. Ga. art. 8, s. 3. " Cons. Neb., art. 8, s. 5. " Cons. Ga. art. 8, s. 6.

1* Cons. Fla. art. 19, § la ^ Cons. Kansas, art. 15. " Cons. Col. art. 18, s. 5

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