Page:Harvard Law Review Volume 2.djvu/146

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128 HARVARD LAW REVIEW.

nal packages to druggists with permits. The manufacturer's permit lasts five years.^

Exceptions. — In Prohibition States it is permitted to sell wines or beer containing less than two per cent of alcohol and not intoxicating,^ or cider, and persons may manufacture liquor for their own use.^

Payments. — No action will lie for the price of liquors illegally sold,* and money paid therefor may be recovered*

Local Option.

Akin to State prohibition is the Local Option system ; indeed, the purpose of each is the same, namely, to stop the sale of liquor as a beverage.

Prohibition by local option, however, is effected by a popular vote without the intervention of representatives, and affects re- stricted political divisions of the State.

The main points of interest are the provisions for taking the popular will, and the divisions of the State to which the option is limited.

The regulations as to druggists or town agents, constabulary and evidence, are much the same as those of the prohibitory systems.

Elections, — In order to avoid a confusion of this question with party politics, it is usually brought up at a special election, called by the county commissioners, county court, or probate judge, on the petition of from ten* to two hundred^ voters, or of one-tenth® or one-quarter ® of the electors of the county.

Thirty to sixty days' notice must be given, and, in some States, if that bring the election near the time of any State election, it shall not be held till thirty to sixty days thereafter.^^

Elsewhere it can only be held on annual election days.^

Divisions, — There is much variation in the nature of the political divisions to which this option is accorded. Separate elections may be held in election districts, towns, and counties.^

1 Laws Kansas. 1887, ch. 165, s. 6. « Laws of H. I. 1887, ch. 634, s. i.

» Laws Vt. 1882, No. 41. * Rev. Stat. Me. ch. 27, s. 56.

  • Rev. Code lo. 1880, s. 155a • Laws of Minn. 1885, <*• MS. «• 48.

7 laws of Texas, 1887, p. 96. ^ Laws of Georgia, 1885, No. 182, s. i

» Laws of Florida, 1887, ch. 3700. w La^g of Florida, 1887, ch. 370a

" Laws of Minn. 1885, ch. 145, s. 48. » Laws N. C. 1887, ch. 215.