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CHAPTER 50.-LIQUORS.

SECTION 1. [Petition to county board.]-The county board of each county may grant license for the sale of malt, spirituous and vinous liquors, if deemed expedient, upon the application by petition of a majority of the resident free holders of the town, if the county is under township organization, and if not under township organization, then a majority of the resident freeholders of the precinct where the sale of such liquor is proposed to take place, setting forth that the applicant is a man of respectable character and standing and a resident of this state, and praying that license may be issued to him. Such application to be filed in the office of the county clerk and upon the payment into the county treasury of such sum as the board may require, not less than five hundred ($500) dollars for each license, and upon the compliance with the provisions of this act; Provided, Such board shall not have power to issue any license for the sale of any liquors in any city or incorporated village or within two miles of the same. Provided, In counties having one hundred and fifty thousand (150,000) inhabitants the county commissioners may also issue licenses within two (2) miles of any city in said county. [1881, chap. 61. 1891, chap. 34.]

CHAP. 50. General view of the law considered. 19 Neb. 207. Legislature has power to regulate sale and to fix price of license. 7 Id. 381. Business may be carried on by agent. 11 Id. 372. Assignee liable to indictment although city council had authorized, and clerk had issued an original license (in form). 11 Id. 372. Ordinance closing saloon at 10 P.M., Held, Valid. 14 Id. 25. Law applies to druggists. 11 Id. 190. Sale by druggists: general rule. 17 Id. 417. Failure of defendant to claim as a licensed druggist, Held, For the purpose of that trial to be an admission that none existed. 17 Id. 415. Business can only be carried on under ordinances duly passed. 11 Id. 523. Bond running to municipality instead of to the state, Held, Good. 19 Id. 324. Filing of bond with clerk and issaing license is sufficient approval, and binding on sureties. Id. Recitals in bond binding on sureties. Id. Surety signing bonds of two or more dealers is liable on each. Id. Law constitutional; former privileges revoked. 11 Id. 572, 576. Indictment for obstructing "view of saloon with ground glass." 15 Id. 406. Punishment for sale of, on Sunday; indictment lies. 15 Id. 474. Selling liquor on Sunday; date of transaction not material ingredient of offense. 16 Id. 660. Wholesale dealers are not exempt from the provisions of liquor law. 17 Id. 317. Each act of selling under sec. 11, is an offense punishable by indictment. Indictment charging selling, etc., of all liquors named in section with a continuando, Held, Bad. 16 Id. 491. Names of persons to whom liquor was sold, if known, should be alleged in indictment, or fact of their being unknown averred; not necessary to allege price at which liquor was sold, 16 Id. 608. Liability of liquor seller for sale to individual drinker. 20 Id. 557. Petition to recover damages in case stated, Held, Sufficient. Id. Submission of prohibitory and high license amendment to constftution. 25 Id. 876. Sale in violation of law: several distinct offenses may be joined in same indictment and separate sentence passed upon each count upon which defendant is found guilty. 25 Id. 584. Authority to issue licenses invested in commissioners for portions of county outside of cities and towns; inside, city and town officers have authority. 5 Id. 313. License money accruing in towns and cities belongs to school fund of county. 5 Id. 308. Rule changed by constitution of 1875, and money belongs exclusively to cities in which collected. 8 Id. 31, 161. 9 Id. 351. Cities of second class may impose an occupation tax in addition to tax for license to sell liquors. 19 Id. 203. Fines, penalties and license moneys which arise under general laws of the state belong to county school fund. 14 Id. 479. All license money imposed as a condition of obtaining a license and not as a tax, belongs to the school fund. 17 Id. 219. Exaction of license fee an exercise of power of taxation. 5 Id. 516, Contra 7 Id. 380. 11 Id. 566. Applicant for license entitled to receive it for unexpired term for which he had previously paid, on credit of his former payment, first license being void. 12 Id. 471. Money deposited for license is property of applicant until license issues. 6 Id. 15. Money deposited for license cannot be garnished where applicant is selling under license issued. 13 Id. 407. License not assignable. 11 Id. 372. License no protection from liabilty for damages. 9 Id. 308, 315. Appeal by remonstrants from order granting license must be taken as soon as transcript can be prepared; appeal not perfected in sixty days, Held, Too late; license issued after reasonable time to take appeal has elapsed, but before same is taken, is valid, notwithstanding notice of intention to appeal. 13 Id. 13. Treasurer not liable for license money paid on facts stated. 15 Id. 501. Refunding license money when license is canceled. Id. Applicant not required to take out second license under facts stated. 6 Id. 110. Öfficers have discretion in issuance of license, and their ac tion cannot be controlled by mandamus. 12 Id. 56. Remonstrance; duty of board to set a day and hear testimony and render decision thereon. 20 Id. 521. If license board refuse to review testimony in support of a remonstrace, district court on appeal will remand cause for that purpose. Id. 522. Provisions of statute relative to hearing of remonstrance against issuance of license are mandatory. 18 Id. 433. 19 Id. 169. 20 Id. 472. License board have no authority to issue license without appointing a time for hearing of remonstrances filed, and investigating the same. 24 Id. 612. License issued without complying with law will be recalled and canceled. Id. Section 3, construed; words used are words of limitation only to extent of limiting discretionary power of board to grant and issue such license to cases where neither of objections named in statute are shown to exist. Id. Where remonstrance to issuance of license is filed, and upon hearing license is granted, and appeal from such decision taken by remonstrants, it is the duty of licensing board to withhold license until expiration of time for appeal to be perfected; and if license be issued, to recall same until hearing on appeal is determined. 24 Id. 519. Appeal under Sec. 4, is in no sense a proceeding in error, but an appeal requiring a decision upon merits of the case. Id. Upon application for mandamus to compel appointment of time for hearing of remonstrance no defense to allege, nor will court inquire as to the falsity of facts alleged in remonstrance; sufficient if one is filed. 18 Id. 434. Filing remonstrance in office of village clerk is a good filing. 19 Id. 169, Remonstrance may be filed at any time before license is granted. Id. 169. Duty of board to appoint day for hearing; time fixed so as to give opportunity to subpoena witnesses; petition indispensible condition precedent. 20 Id. 472. Authorities have no right to take action on license until after applicant publishes notice. 21 Id. 495. Notice in case stated, examined, and Held, Insufficient. Id. Where holder of license was convicted of violation of law pertaining to sale of liquors, in a police court, and the fact of such conviction was duly certified by police judge to mayor and council, it was Held, First. That mayor and council were authorized and required to revoke license. Second. That no notice to licensee of such proposed action was necessary. Third. That such revocation could be declared by resolution, and that passage of an ordinance was not necessary. 23 Id. 376. In such case, where resolution directed marshal to notify licensee that license had been revoked by mayor and council, there could be no presumption that mayor was not

SEC. 2. [Notice of application.]-No action shall be taken upon said appli cation until at least two weeks notice of the filing of the same has been given by publication in a newspaper published in said county, having the largest circulation therein, or if no newspaper is published in said county, by posting written or printed notices of said application in five of the most public places in the town, precinct, village, or city in which the business is to be conducted, when, if there be no objections in writing made and filed to the issuance of said license, and the county board is in session, and all other provisions of this chapter have been fully complied with, it may be granted.

SEC. 3. [Remonstrance.]-If there be any objection, protest, or remonstrance filed in the office where the application is made against the issuance of said license, the county board shall appoint a day for hearing of said case, and if it shall be satisfactorily proven that the applicant for license has been guilty of the violation of any of the provisions of this act within the space of one year, or if any former license shall have been revoked for any misdemeanor against the laws of this state, then the board shall refuse to issue such license.

SEC. 4. [Hearing-Appeal.]-On the hearing of any case arising under the provisions of the last two sections, any party interested shall have process to compel the attendance of witnesses who shall have the same compensation, as now provided by law in the district court, to be paid by the party calling said witnesses. The testimony on said hearing shall be reduced to writing and filed in the office of application, and if any party feels himself aggrieved by the decision in said case he may appeal therefrom to the district court, and said testimony shall be transmitted to said district court and such appeal shall be decided by the judge of such court upon said evidence alone.

present at such meeting, it being his official duty to preside at all meetings of council. Id. Board should refuse to issue license to applicant guilty of violation of law during the preceding year. 25 Id. 608. Member of board signing petition for license is barred from sitting on the board and acting upon such petition. 25 Id. 609, 734. Action by married woman and children against liquor seller; joint liability of persons selling; damages caused by death of husband: Carlisle tables of expectancy; exemplary damages not allowed. 9 Id. 311-315. 13 Id. 414. Each person furnishing the means of intoxication is liable severally and jointly, for legal damages resulting from such Intoxication, whether it be the first or last glass. 15 Id. 561. 18 Id. 52. Not necessary to recovery that death or damages should be natural and logical result of the act of furnishing the liquor, or that the traffic of the seller should be the proximate cause. Id. 52. One who sells or gives away intoxicating drink, which is drank by the buyer or recipient on or about the time of intoxication complained of, is liable for damages sustained. 15Id. 150, 561. 17 Id. 416. 19 Id. 190 21 Id. 34. Liability of liquor seller for sale to individual drinker. 20 Id. 557. Action may be maintained by married woman, for damages sustained by her by reason of her money being spent by her husband for intoxicating liquors, or squandered by him while intoxicated, or in saloon of liquor seller. 23 Id. 674. A married woman is not only entitled to services of her husband as a means of support, but also, as between herself and a vendor of intoxicating liquors, to proceeds of his labor for such purpose. Id. A married woman brought her action against keeper of saloon for damages resulting from a loss of support by the intoxication of her husband, and for the sum of one thousand dollars belonging to her individual estate. The verdict was a finding in favor of plaintiff upon both issues, with an award of damages assessed at one dollar. It was Held, That the verdict could not be sustained Id. 676. Liability of liquor sellers for damages resulting from their traffic; liability of principal and sureties on license bonds; liability of sureties; action by married woman for loss of support for herself and children maintainable in her own name or jointly with her children. 23 Id. 157. Action by wife against saloon keepers to recover damages for loss of means of support caused by sale of liquors to her husband; verdict sustained. 21 Id. 135. Evidence; instruction to jury; "beer" an intoxicating liquor. 15 Id. 150. In case stated, Held, Not error to allow wife to testify as to amount necessary to support the family. 17 Id. 414. General rule requiring a person suffering an injury to make all reasonable exertions to protect himself, etc., not applicable to action by married woman for loss of means of support caused by wrongful sale of liquor to her husband. Id. 416. Action against saloon keepers as partners does not abate by death of one member of the firm. 13 Id. 411. On petition against saloon keepers, petition contained twelve counts and evidence uncontradicted tended to sustain two counts, Held, That verdict for defendants was against weight of evidence, 13 Id. 435. Sale of, may be proved by circumstantial evidence. Id. 434. Evidence must show that defendant sold or gave liquor, and that such liquors were intoxicating. Id. Sale may be proved by circumstantial evidence; assertion by bartender that liquor was not intoxicating, not availing. 21 Id. 437. Presumption where evidence shows that person went into saloon sober and came out intoxicated; instructions to jury. 21 Id. 437. 25 Id. 590. In case stated, damages, Held, Excessive, and leave given to remit. 21 Id. 437. In action by wife and her minor children against saloon keepers, for loss of support from intoxication of husband and father, caused by liquor alleged to have been furnished by saloon keepers, there was proof of distinct sales by said saloon keepers of intoxicating liquors to said husband and father during period stated in petition, and also of his continuous intoxication during that period, and of his remaining in and near said saloons, Held, That testimony introduced by saloon keepers, that they had refused to furnish him intoxicating liquors, without disproving the particular acta testified to by the witnesses of the plaintiff, did not warrant a verdict for the defendants. 23 Id. 551. Proof of the sale of intoxicating liquors may be shown by circumstances, and such circumstances may be sufficient to overcome the positive testimony of witnesses. Id. Civil action lies to recover penalty. 12 Id. 540. Action for loss of means of support; persons furnishing liquor liable; injury to wife's health by overwork not proper element of damage. 15. Id. 562. Action under Sec. 15; recovery of costs in case stated. 16 Id. 113. An action maintainable in Iowa under Sec. 1550, Iowa Code, 1873, to recover back money paid for liquors, is maintainable here or allowable as a set-off; and bringing action or pleading same as set off, is a sufficient demand for repayment. 16 Id. 477. Pauper dependant for support on relative may maintain action for loss of such support against liquor seller selling liquor which caused death of such relative. 18 Id. 46. Joint defendants entitled to no more peremptory challenges than where action is against a single defendant. Id. 49. Allegations of petition in action by wife and and minor children against saloon keeper for loss of means of support examined and Held, Good. 19 Id. 184. Verdict Held. Excessive, and plaintiffs allowed to fille remittitur. Id. 190. Bond on appeal from order granting or refusing license, not required. 24 Id. 519. Price of liquor not recoverable by unlicensed vendor. 27 Id. 158. Ligense issued pending appeal should be revoked. 24 Id., 517. 27 Id., 476. 50%. Sale of beer by car load to be shipped into state. 29 Id., 720. 514. Mandamus to revoke. 34 Id., 237. Drunken driver. 32 Id., 175. Id., 366. Notice in daily paper, each day for two weeks. 33 Id., 876.

Selling by authorized agent. 30 Id., License issued pending appeal 81 Id.. Names added to petition after filling. 33

SEC. 5. [License-Form.]-The license shall state the time for which it is granted, which shall not exceed one year, the place where the liquor is to be sold, and shall not be transferable; and any license granted under this chapter may be revoked by the authority issuing the same whenever the person licenced shall, upon due proof made, be convicted of a violation of any of the provisions of this act. The license shall be in the following form, as near as practicable:

STATE OF NEBRASKA, County of

-ss. To all who shall see these presents: having on the- day of

Know ye, that A. D. 18—, filed his petition and bond according to law and paid into the treasury the sum imposed on him as a vendor of malt, spirituous, and vinous liquors, therefore the said. -is hereby authorized to sell malt, spirituous, and vinous liquors at months ending the day of — -A.

D. 18-.

for

SEC. 6. [Bond.]—No person shall be licensed to sell malt, spirituous, or vinous liquors, by any county board, or the authorities of any city or village, unless he shall first give bond in the penal sum of five thousand ($5,000) dollars, payable to the state of Nebraska, with at least two good and sufficient sureties, freeholders of the county in which the license is to be granted, to be approved by the board who may be authorized to issue the license, conditioned that he will not violate any of the provisions of this act; and that he will pay all damages, fines, and penalties and forfeitures which may be adjudged against him under the provisions of this act. The board taking such bond may examine any person offered as security upon any such bond, under oath, and require him to subscribe and swear to his statement in regard to his pecuniary ability to become such security. Any bond taken pursuant to this section may be sued upon for the use of any person, or his legal representatives, who may be injured by reason of the selling or giving away any intoxicating liquor by the person licensed, or by his agent or

servant.

SEC. 7. [Surety.]-No person who is holden as the principal or surety upon any bond given under the provisions of the preceding section, shall be permitted to become a surety upon any other bond of like character.

SEC. 8. [Selling to minors, etc.]-Every person licensed as herein provided, who shall give or sell any malt, spirituous, and vinous liquors, or any intoxicating drinks to any minor, apprentice, or servant, under twenty-one years of age, shall forfeit and pay for each offense the sum of twenty-five dollars.

SEC. 9. [Misrepresenting age.]-Any minor, apprentice, or servant, who shall for the purpose of evading the provisions of the preceding section, falsely represent his age, shall be deemed guilty of misdemeanor and fined for each and every offense not exceeding twenty dollars, or imprisoned in the county jail not exceeding thirty days, or both, at the discretion of the court.

SEC. 10. [Selling to Indian, insane, or drunkard.]-Every person so licensed who shall sell any intoxicating liquors to any Indian, insane person, or idiot, or habitual drunkard, shall forfeit and pay for each offense the sum of fifty dollars.

SEC. 11. [Disposing without license.]-All persons who shall sell or give away, upon any pretext, malt, spirituous, or vinous liquors, or any intoxicating drinks, without having first complied with the provisions of this act, and obtained a license as herein set forth, shall for each offense be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined not less than one hundred dollars nor more than five hundred dollars, or be imprisoned not to exceed one month in the county jail, and shall be liable in all respects to the public and to individuals, the same as he would have been had he given bonds and obtained license as herein provided; Provided, That any person or persons shall be allowed to sell wine made from grapes grown or raised by said person or persons, on land belonging to or occupied by said person or persons in the state of Nebraska, the same to be sold in quantities not less than one gallon, without procuring the license provided for in this chapter, [Amended 1883, chap. LI.]

SEC. 5. Fee must be paid before issuance. 31 Neb., 35. Effect of sale of business. Civil damages. 33 Id., 41.
SEC. 6. Condition of bond, 35 Id., 288.
See chap. 37 b.

SEC. 10.
SEC. 11.

Giving away should be on a pretext. 27 Neb., 601. 32 Id., 182. Name of vendee should be alleged. 30 Id., 421. Court cannot impose fine of less than $100. 28 Neb., 803. Each selling a crime. 16 Id., 490.32 Id., 105

SEC. 12. [Same-Hearing before magistrate.]-The magistrate, before whom any complaint is made of a violation of the provisions of the preceding section, shall issue a warrant for the arrest of the offender, and if upon an examination the magistrate shall have reason to believe the party guilty, he shall recognize him to appear at the next term of the district court as in cases of felony.

SEC. 13. [Disposing of adulterated liquors.]-Every person so licensed, or any other person, who shall intentionally or otherwise, sell or give away, or direct, or permit any person or persons in his employ to sell or give away any malt, spirituous, or vinous liquors, which shall be adulterated with strychnine, strontia, sugar of lead, or any other substance, shall forfeit and pay the sum of one hundred dollars for every such offense. An analysis made by a practical chemist shall be deemed competent testimony under the provisions of this section.

SEC. 14. [Election days-Sundays.]-Every person who shall sell or give away any malt, spirituous, and vinous liquors on the day of any general or special election, or at any time during the first day of the week, commonly called Sunday, shall forfeit and pay for every such offense, the sum of one hundred dollars.

SEC. 15. [Civil damages.]-The person so licensed shall pay all damages that the community or individuals may sustain in consequence of such traffic, he shall support all paupers, widows, and orphans, and the expenses of all civil and criminal prosecutions growing out of, or justly attributed to, his traffic in intoxicating drinks; said damages and expenses to be recovered in any court of competent jurisdiction by any civil action on the bond named and required in section 6 of this act, a copy of which, properly authenticated, shall be taken in evidence in any court of justice in this state; and it shall be the duty of the proper clerk to deliver, on demand, such copy to any person who may claim to be injured by such traffic.

SEC. 16. [Suit by married woman.]—It shall be lawful for any married woman, or any other person at her request, to institute and maintain, in her own name, a suit on any such bond for all damages sustained by herself and children on account of such traffic, and the money when collected shall be paid over for the use of herself and children.

SEC. 17. [Maintenance of intemperate paupers.]-When any person shall become a county or city charge by reason of intemperance, a suit may be instituted by the proper authorities on the bond of any person licensed under this act, who may have been in the habit of selling or giving intoxicating liquors to the person so becoming a public charge; Provided, That the person against whom a judgment may be rendered under the provisions hereof, may recover by a similar action a proportionate part of said judgment from any and all persons engaged in said traffic, who have sold or given liquor to such person becoming a public charge, or to any person committing an

offense.

SEC. 18. [Trial-Evidence.]-On the trial of any suit under the provisions hereof, the cause or foundation of which shall be the acts done or injuries inflicted by a person under the influence of liquor, it shall only be necessary to sustain the action to prove that the defendent or defendants sold or gave liquor to the person so intoxicated, or under the influence of liquor, whose acts or injuries are complained of, on that day or about that time when said acts were committed or said injuries received; and in an action for damages brought by a married woman, or other person whose support legally devolves upon a person disqualified by intemperance from earning the same, it shall only be necessary to prove that the defendant has given or sold intoxicating drinks to such person during the period of such disqualification.

SEC. 19. [Suits-Jurisdiction.]-All suits for damages and expenses arising under this act may be commenced and prosecuted before a justice of the peace, where the damages claimed do not exceed the jurisdiction of said justice, although the penalty in the bond may exceed that amount, and the judgment shall be for the damages proved.

Civil action need not be on bond; license Contribution by dealers. 53 N. W. R., 54 N. W. R., 131.

SEC. 14. District and justice court have jurisdiction. 34 Neb., 872. SEC. 15. Title broad enough to include this section. 27 Neb., 788. no protection; defendants not jointly engaged in business. 26 Id., 693. "Traffic" construed means selling, etc., to third persons. SECS. 15-18. Cited 31 Neb., 495.

604.

SEC. 20. [Penalty - Complaints for unlawful sale.]-Hereafter it shall be unlawful for any person to keep for the purpose of sale without license any malt, spirituous, or vinous liquors in the state of Nebraska, and any person or persons who shall be found in possession of any intoxicating liquors in this state, with the intention of disposing of the same without license in violation of this chapter, shall be deemed guilty of a misdemeanor and on conviction thereof shall be fined or imprisoned as provided in section eleven of this chapter; Provided, That this shall not apply to physicians or druggists holding permits for the sale of liquors for medicinal, mechanical, chemical, or sacramental purposes, or persons having liquors for home consumption. If any credible, resident freeholder of any county in this state shall, before any police judge, county judge, or justice of the peace, make complaint and information in writing and on oath that he has reason to believe and does believe that any intoxicating liquor, describing it as particularly as may be, in said complaint is in said county, in any place described as nearly as may be in said complaint, owned or kept by any person named or described in said information as particularly as may be, and is intended to be, or is being, by the person named or described in said complaint, sold without license in violation of this chapter, said magistrate shall, upon filing said complaint and believing there is probable cause therefor, issue his warrant for the search of the premises described in said complaint, and the arrest of the person therein named or described as the case may be, naming and describing the liquors, person, and premises as in the complaint, which warrant shall be directed to the sheriff, city, or village marshal or constable, as the complainant may request, and said warrant shall further command the officer that if after a thorough and diligent search of said premises, he shall seize the said liquor with the vessels containing it and to keep the same securely until final action be had thereon; and immediately arrest the person named or described in said warrant, or the person in charge of the said liquors and bring him before said magistrate for examination, and the possession of any of said liquors shall be presumptive evidence of a violation of this chapter and subject the person to the fine prescribed in section eleven, unless after examination he shall satisfactorily account for and explain the possession thereof, and that it was not kept for an unlawful purpose. Where any liquors shall have been seized by virtue of any such warrant the same shall not be discharged or returned to any person claiming the same, by reason of any alleged insufficiency of the description in the complaint or warrant of the liquor or places, but the claimant shall be entitled to an early and speedy hearing on the merits of the cause; Provided, That in case the place described in said complaint and to be searched is the residence of the person named or described in said complaint, or any other person, then and in that case the warrant shall not issue unless the complaint shall state that within thirty days, immediately preceding the filing thereof, that liquor describing it has been sold therein in violation of this chapter. [1889, § 1, chap. 33.]

SEC. 21. [Trial-Distruction of liquors.]—If upon said examination the magistrate hearing the same shall be satisfied that the person named or described in the complaint, or found in possession of said liquors and premises described therein, had been selling liquors without license, in violation of this chapter, or had said liquors so seized in his or her possession with intent to dispose of the same in violation of this chapter, said magistrate shall hold said person so arrested for trial at the next term of the district court and shall order the liquors so seized destroyed by the officer having them in charge; Provided, The defendant may appeal from said order to the district court, in which case the liquors shall abide the result of the trial of the defendent in the district court, and if there convicted he shall be fined or imprisoned as in this chapter provided in the discretion of the court, and the court shall further order said liquors destroyed as if the appeal herein provided for had not been taken. [Id. § 2.]

SEC. 22. [Punishment-Costs-Disposal of Liquors.]—In case the

SECS. 20-22. "An act amendatory of and supplemental of chapter fifty (50) of the Compiled Statutes of 1885 entitled 'Liquors."" Took effect July 1, 1889. Laws 1889, chap. 33. Licensed dealer may sell by agent throughout the state. 27 Neb., 158. Penalty cumulative with that of city. 80 Id., 855. Burden of proofs of jurisdictional facts. 29 Neb., 283. Form of complaint. 26 Neb., 757. Title to act good. 33 Id., 812. Applies to physicians. 34 Id., 600.