The Bismarck Tribune Newspaper, June 22, 1934, Page 9

- _ or grain filed with him and the disposition thereof. All th his office shall be spection all tim hours, open to public in: during business uthorities Section 1. CONCURRENT JURIS- DICTION. The Liquor ntrol Com- missioner shall fully co-operate with municipal authorities in tl a admin istration and enforcement of this Act. EB municipality may adopt and en- force ordinances regulating the in- vernal arr ngement, nitation, in- spection and good order of all retail Jocations licensed under this Act and the conduct of the persons operatin, or patronising t! 8 suc other regulations not inconsistent with this Act as may promote the general welfare. Section 2. REVOCATION OF LI- CENSES. The Liquor Control Com- missioner shall exercise concurrent jurisdiction with the legislative body of each municipality in revoking for cause licenses issued pursuant to the provisions of this Act a notice and hearing which grounds shall ii clude among others the following: 1) Any false statement in the plication for the license. (2) When the licensee ceases to do business in the community where licensed, (3) When the licensee be adjudged & ES in. a bankrupt. (4) When the licensee be convict- ed of violating the provi- any oo} sions of this Act or of the local ap- plicable ordinances. (5) When the licensee ceases to be a legal and bona fide resident and citizen of the State of North Dakota, (6) When the license or permit of the licensee from the United States government has terminated or been revoked, (7) Where the licensee has been convicted of a felony under the laws of the United States or under the laws of one of the several states. (8) When the business of the H- censee at the location licensed shall not be conducted in a decent order- ly aud respectable manner. (9) When the licensee has been convicted of drunkenness or disord- erly conduct by any of the courts of this state. When any) license is terminated or revoked for cause the licensee or those claiming under him shall not be entitled to any return of any portion of the license fee previous- paid 7 gee n 3. LOCAL AUTHORITIES MAY LIMIT NUMBER OF “ON SALE" LICENSES: The legislative body of any municipality may by ordinance limit the number of “on sale” Heenses to be issued within kuch municipality for the succeeding fiscal year to any number not than the following: (1) In_ cities or villages of less than 1009 population, one “on. sale’ license: plus one “on sal license for each 500 population. (2) In cities of from, 1000 popula- tién’ to less than 2000 population one “on sale” license plus one “on sale’ license for each 780 population. (3) In cities of from 2000 popula- tion to less than 5000 population one “on sale” license plus one “on alo” Mcense for each 1000 popula- tion, (4) In cites of 5000 population, to lors than 10,000 population one “on sale” license plus one “on sale” li- cense for each 1250 population. (5) In cities “of 10,000 population or over two “on sale” Heenses plus one “on' salé” license for each 2000 population. Classification in all cases to be determined by the last preceding state or federal census. TITLE No. VI ense Fees Section 1. AMOU: Co} FEES. There shall be collected for the period from the time this Act takes effect .until and includin June 39, 1935, and for the annua period beginning July 1, 1935, and each year thereafter, the following license fees for each license: (a) For each retail “off sale” and “on sale” license the sum, of $300. tb) For each “on sal ie cense the sum of $100. (c) For each wholesaler’s or dis- tributor’s license the sum of $500. (a) For each Railway. Company license the sum of $300. Section. 2... METHOD OF COL- LECTION. The State Treasurer shall at the time @ license is for- i warded to the applicant deposit the umount of the license fee in. the special fund to be known a8 the “Liquor Revenue | Fund. end‘of each calendar month he shall remit to the treasurer of the mu- nicipality one-half of the amount of the fees collected by him upon Ii- conses Issued to locations within such municipality, except railway com- pany licenses, and notify the auditor or clerk thereof accordingly. Section 3. TAXATION. There shall be levied upon all intoxicating liquor sold within the state an ex- cise stamp tax as follows: (a) Vinous liquors containing 10 per cent or less of alcohol by welght 10 cents per wine gallon; (b)_Vinous liquors containing more than 10 per cent of alcohol by welght —20 cents per wine gallon. (c) All alcoholic bev ed fn (a) or (b) above aining’ more than 6.5 per cent of alcohol by weight, including ethyl ‘alcohol, brandy, rum, gin, whisky and other spiritous Mquor— 40 cents per wine gallon. Section 4. COLLECTION OF TAX. The excise stamps shall be on ap: propriate forms and in denomina- prescribed by the State Treas- who shall doliver the same to I applying therefor on payment thereof. Such excise stamps must be affixed to the original container or package of all intoxicating liquor sold or delivered within the state at or before the time and by the person making such sale and so attached to such original package or container ‘as to cause the same to be destroyed or completely mutilated when: the original” package oF container 18 pened. oMgection $. DISPOSITION OF IIQUOR REVENUE FUND. | The proceeds of all license fees and taxes not allocated to counties or munic- ipalities shall by the State Treasurer be kept in the Liquor Revenue Fund. The Liquor Control Commissioner shall issue vouchers against suc’ fund for necessary administrative ex- pense, including Mcense forms, tax stamps and office equipment which vouchers shall be approved as neces- sary by the State Auditor and paid ly the State Treasurer from the Tiquor Revenue Fund. On December Ist and June Ist of each year the State Treasurer shall transfer to the Squalization Fund for Schools of the state any unexpended balance in such Liquor Revenue Fund ant to retain a surplus therein of $5,000. ection & UNIT. TAX STAMPS REQUIRED. The. excise stamps shall | 1 be in denominations of eight ounces, sixteen ounces, thirty-two ounces, sixty-four ounces, one hundred twen- tyseight ounces or multiples of one wine gallon, Any original package containing fractional quantities or more than the exact denomination as designated above shall be taxed on the basis of the next higher denom- ination. ore No NIL i emp a ICINAL OR SAC- nisietan. “CBE EXCLUDED, | The provisions of this Act shall no! Bt be deemed to prohibit the importa- ti tion inta this state eerie! this et fi 8 ota ‘off sale” drug store by licensed any regularly appointed and ordain- ed rabbi, priest, minister or itor of any church or established religions } organi: arton, of wine for sacramental it al cist or druggist licen un- er the provisions of this Act within this state to make sales of intoxicat- ing liquor for medicinal purposes up: -on bona fide prescription by a phy- sician or dentist in writ! ir de- livery thereof to an actual patient of such physician or dentist. Any establisl druggist may import: 01 purchase alcohol for use in prepara: tion of medicines or drug product: but not for resale purposes unless licensed under this Act. Section 2, 8.2 PER CENT BEER EXCLUDED. This Act shall not ap- ply to beer containing less than 3.2 per cent of alcohol by weight nor to any existing laws regulating the sale of such commodity, except herein HOME USE Nothing herein shall fermentation of EXCLUD- rohibit: fruit fe vate use 7 liayor aw! possessed under the laws of the United States and of this.state. paige, SS, EPR CENT BEEH Fi melt quer conta’ 25 per cont of tb I 3 recordh Gt halve otf alcohol by weight is hereb; {of thi home for . family use | {¢ jegul- zed and may be sold by those eneed ‘under existing laws and subject to existing regulations and taxes in the TITLE No. VIII. Definitions and Interpretati: Section 1. CONSTRUCTION TERMS. The terms “intoxicating liquor” and “liquor” whenever use: in this Act shall mean and include ethyl alcohol and include distilled, fermented, spiritous, and other vin- ous beverages containing in excess of 6.5 per cent of alcohol by weight. The terms “sale” and “sel! shall mean and include all barters and all pee Fiiquer dé er in- cating liquor or liquors as above described in violation or evasion of law. " sal shall mean the of Nquor in packages in retail drug stores for consumption off or a from the tere “On sale” shall mean the sale of liquor by the glass for consumption on the pre! only. The term “whole- shall mean and include any le for purposes of resale. The term holesaler” or “distributor” shall mean any person engaged in the bus: ness of selling intoxicating liquor to retail dealers. The term “package” or “original package” or “container” shall mean and include any contain- er or package or receptacle holding Mquor which is corked and/or sealed. The term “municipality” shall mean any city or village incorporated un- der the laws of this state. Section 2. HOTEL DEFINED. The term “hotel” as herein used shall mean and include any establishment having a resident proprietor or man- ager where in consideration of pay- ment therefor food and lodging are regularly furnished to transients and which maintains for the use of its guests in cities of the first class jess than 50 guest rooms, and in cities of the second cl than thirty-five rooms, and in all other cities and villages not less th: thirty guest rooms with bedding and other suitable and necessary fu nishings in each room and which is Provided at the main entrance with @ suitable lobby, desk and office for the registration of its guests on the ground floor and which employs an adequate staff to provide a suitable and usual service and which mai tains under the same management and control as the rest of the e: tablishment and as an integral part thereof a dining room with appro- priate facilities for seating not less than thirty guests at one tinie where the general public are in considera- tion of payment therefor served with meals at tables, except that such din- ing room service may be maintained under separate management. if di- rectly connected with and conveni- ently ayailable to the guests of such hotel by interior entrances, Section 3. RESTAURANT DE- FINED. The term “restaurant” as herein used shall mean any establish- ment other than a hote: under the control of a single proprietor or mai ager having appropriate facilities for the serving of meals and in cities of the first class for seating not less than fifty guests, in cities of the second class not less than thirty-five Suests, and in cities of the third class not less than thirty guests; and where in consideration of payment. there- for meals are regularly furnished to the general public and which em- ploys an adequate staff te provide the usual and suitable service to its Buests, 4. CLASSIFICATION OF OF 8 where sold. Section 4, MUNICIPALITIES. For the purposes of this Act cities of the first class shall be those ‘having a population of not less than 10,000, cities of the second class shall he thoge having a Population of not less thai 5,000, and cities of the third class shali include all cities or villages having a popu- lation of less than 5,000, according to the last state or federal censw Section CLUB DEFINED. The term “club* shall mean and include any poration or association ganized for civic, ‘fraternal, social or business purposes which — shall have more than fifty members and which shall for more than one year have owned, hired or leased a build- Ing or space in a building of such extent and character ax may be sult- able and adequate for the reasonable and comfortable accommodation of its members and whoxe affairs and man- agement are conducted by a board of directors, executive committee or other similar body chosen by the members at a meeting for that pur- Pore and none of whose members, Officers, agents, or employees paid directly or indirectly any com- pensation by way of profit for the distribution or sale of beverages to the members of the club or its guests bevond the amount of such reaxon- able salary or wages as may be fixed and yoted each year by the directors or_other governing body. Section 6 LIQUORS | DEFINED. “Malt liquor” means any beverage containing more than per cent of alcohol by weight obtained by the alcoholic fermentation of an infu- sion or decoction of barley, malt or other cereal and hops in water. “Vinous Hquor” means any beverage containing more than 3.2 per cent of alcohol by welght obtained by the fermentation of the natural sugar contents of fruits or other agricul- tural products containing sugar, in- cluding fortified wines such as ‘port and sherry. “Spiritous liquor” means any beverage containing more than 3.2 per cent of alcohol by weight ob- tained by distillation, mixed with wi ter and other substapces in solution, including” among other things. brandy, rum, gin and a, Section 7. INTERPRETATION. If any word, section, clause or portion of this Act is adjudged unconstitu- tional or contrary to law such fact shall not invalidate the remaining portions of this Act, it being declared that the remaining portions of this Act would have been adopted not- withstanding the Invalid portions thereof. This Act shall be given a Mberal interpretation by the courts to the end that its general purpose may be carried out TITLE No. IX. Repeal Section 1. REPEAL OF CO) FLICTING LAWS. All laws or parts of laws in conflict with the provisions is law are hereby. repealed, in- cluding Sections 10092, 10093, 10094, 10095, 10096, 10097, 10098, 10099, 10100, 10101, 101 10103, 10104, Compiled Laws 1913; 10105 Compiled Laws 1913, as amended by Section 10105 Suppl ment to Compiled Laws 1913; 10105a Supplement to Compiled Laws 1913; 10106, 10107, 10108, 1010: 10111, 10112, 10113, 10114, 10115, 10116 Com- piled Laws 1913; 10117 Compiled Laws 1913 as amended by Section 10117 Supplement to Compiled Laws 1913: 101178 Supplement to Compiled Laws 1913; 10118, 10119, 20126, 10130, 10131, , Compiled Laws ‘1913; Compiled Laws 1918, as amended by Section 10136 Supplement to Compiled Laws 1913; 10136a1, 10136a2, 1013683, 10136a4 Supplement to Compiled Laws 1913; 10137, 10138, 10139, 10141, 10142, 10143 Compiled Laws 1913; 10140a, 10141 Supplement to Compiled Laws 1913; 10143a1, 1014322 Supplement to Compiled Laws 1913; 10144 Compiled Laws 1913, as amended by Sectioi 10144 Supplement to Compiles 10145b7, 10145b11, 10145b15, 10145b18, 10145b19, 10145b22, 10145b23, 10145b26_ Suppl ws 1913; 10146, 10149, 10150, 10151, 10153, Compiled 101713" 10172," 10173, 10176’ Compiled Laws 1913, ter 141, 1933 Session Laws,’Chapter 917, 1921 Session Laws, Chapter 268, 1923 Session Laws, Chapters 195 and 196, Session Laws of 1915, Chapters 134, 135 and 136, 1917 Session Laws, Chap- ter 175, 1925 Session Laws, and Chap- ter 221, 1923 Session Laws’ so far as {t applies to intoxicating Maquor. TITLE No, X, Baforcement and Penalties Section 1, It shall be unlawful for any person directly or indirectly upon enwe or by any device to man- import intd this state, sell, barter, dispose of or’ keep “intoxicating liquor with- aving ybtained a: licen: therefor as herein provided and c cept as ‘provided ‘herein. Nothing herein contaiied shall pronibit the Importation, Into this. state ia, inte: Pe ty ee | |5b8, }5b12, 10145b13, 10145b1. 45b1i 014! » 5b20, 10145b21, 45624, 10145b25, ment to Compiled 10147, 1014: 10153, 1015: 1017 aor corporation who violates any of! ———_—_—_—_—_—__— ¢|LOCAL OPTION AND ANTI-, hot less | w! jtoxicating cating Hauor lawfully manufactured, | labeled and tranxported under the| laws of the United State Section 2. PENALTY. Any person, | firm or corporation who shall violate | any of the provisions of this Act shall upon conviction for a first of: fense be adjudged guilty of a mis- demeanor and be subject ton fine of not to exceed $100 or by imprison- ment in the county jail of not to ex- ceed ninety days or both such fine and imprisonment. Any person, firm | the provisions of this Act shall upon conviction thereof as a second or subsequent offense be adjudged guilty of a felony and shall be punished by @ fine of not to exceed $1,000 or by imprisonment in the county jall of not to exceed one year or by both such fine and imprisonment in the discretion of the court. MONOPOLY LIQUOR CON. TROL BILL. Submitted by initfative. petition An Act legalizing the importation, transportation, sale and possession and manufacture in certain cases of lquor; providing for revenue there- from and licenses therefor; prohibit- ing the transferring of licenses; ex- cluding certain persons from the right to purchase liquor; authorizing and requiring the governing bodies of municipalities to provide and require the payment of a local tax or license and raise revenue hereunder, and to prescribe certain regulations; provid- ing for the administrative expenses of this Act; making it unlawful for any pereon 6 sueame fa the S88 Ser facture or sale of liquor without first obtaining a license therefor; provid- ing a penalty for the violation of the provisions thereof; providing for a javing clause as to constitutionality; repealing all acts in conflict there- ith; defining liquors; authorizing distilleries, under certain conditions; providing ‘for local option and the right of the people in each munici- pality, at certain elections, to vote question of continuing the legalized sale of Mquor in such mu- nicipality; limiting: place of sale; dis- Position of Nquor revenue funds and allotment of portons-thereof to school districts; appropriating . state funds to put this Act in operation; legalizing 5.5% beer: : Initiated measure legalizing the im- portation, sportation, sale an Possession and manufacture in cer- tain cases, of liquor: providing for revenue therefrom and licenses there- for; prohibiting the transferring of Neenses; excluding certain persons from the right to purchase Mauor; authorizing the governing bodies of municipalities to provide and require the payment of a local tax oF Met and to raise revenue hereunde! to prescribe certain regulations; pro- viding for the administrative expenses ¢ this act; making it unlawful for Person to engage in the manu- facture or sale of liquor without first obtaining a license therefor; provid- ing a penalty for the violation of the provisions thereof; providing for saving clause as to constitutionality repealing all acts in conflict there with: defining Mquors: authorizing distilleries under certain conditions providing for a Local Option and the right of the people in each munici- pality, at certain elections, to vote on the question of continuing the legalized sale of liquor in such mu- nicipality: limiting place of sale; dis- position of Mquor revenue funds and allotment of portons thereof to School Districts: appropriating state funds to put this act in operation; legalizing 5.5% beer. i Be It Sti Enacted by the People of the je of North Dakota: ion 1. DEFINITION, ‘The term liquor as used in this act shall include both vinous liquors and spiritous Niquors, and beverage alcohol. Vinous liquor ‘means any beverage contain- ing more than 3.2 per cent of alcohol by weight obtained by the fermen- tation of natural sugar contents of fruits or other agricultural products containing sugar, including fortified wines, Spiritous’ liquor means any beverage containing more than 3.2 per cent of alcohol by weight tained by distillation, mixed wit water and other substances in solv tion and includes, among other things, brandy, rum, gin and whiskey. Section 2.’ LEGALIZING LIQUOR. The importation, transportation, sale, use and possession of liquor in this state Is hereby declared to be legal subject to restrictions hereinafter pro- vided in this bill, Section 3. SALE THE STATE.—WHO MAY 8) per- fon, partnership, or association having legal and bona fide residence in, a the State of WITHIN n: North any civic, frater- nal or s club, having its place of retail within the business district ality as. defined in this : zé in the business of geliing retail liquor as described here- in under such restrictions as are here- Ina(ter provided. and upen compliance with the provisions of this act and upon obtaining the licenses end pay ing the taxes herein provide Section 4. BEER COMMISSIONER —POWER AND DUTIES. It shall be the duty of the State Officer, now provided by law and known State Beor Commissioner, or such other state officer as may be hereafter pro vided for by the legislature of this State for such purpose, to license per- carried In the Liquor Revenue Fund. Section 8. ADDITIONAL’ STATE av E_ AMOUNT TI OF AND HOW COLLECTED. and after the taking effect of th act there is hereby levied and ai ssed and there shall be collected 1d paid to the State Treasurer upon I liquor sold within the State or fered for sale or held in stock for sale the following excise’ tax, to-wit: (a) 10 cents per wine gallon on. vinous nadoes bg ogee 3 10 per cent or less of alcohol by weight: (>) 10 cents per wine galion on all vinous Hquors containing more than 10 per cent of alcohol by we (©) 40 cents per wine gallos all alcoholic beverages not above men: tigned in this section and containing more than 5.5 per cent of alcohol by weight, including alcohol, and spirit- defined in this act. cl 9. DENOMINATION OF TAX STAMP. The excise stamps mei tioned in this act shall be in denom- inations of eight ounces, sixteen ounces, thirty-two ounces, sixty-four ounce hundred twenty-eight ounces, or multiples of one wine Joh; Any original package contain- ing fractional quantities or more than the exact denomination as stated shall be taxed on the basis of the next highest denomination. 1 Section 10. DISTILZERIKS. To! encourage the use of the agricultural Products of this State in manufa turing Mquor it is hereby provided that any person, firm, corporation, partnership or association shall ha the right to establish within the Sta distilleries for the manufacturing, and wholesaling of liquor, provided that 50 per cent of the raw products used by such distilleries in the man facturing of Nquors are ‘agricultural products raised in the Btate Dakota, There shall be no license fee required for such manufacture. Such | distilleries may wholesale said on the payment of a license fee re quired by wholesalers as herein pro- ded. tate to engage in the re within the State. m is | all be licensed ail sale of liquor Provided, eed and must manufacture, label and di tribute liquor in accordance with the laws of the United States. na: jection 11. -MUNICIPAL LICENS# | TR For the- purpose of the governing bodies of each munic pality in this state shall have the power and authority and it is hereby made their duty to license retailers of Mquor in such munteipality and to require the payment of an annual license fee from such retailers in the sum of not less than $100 and not more than $500 for each license of retailers in their respective jurisdic- tions, with power to make reasonable regulations within the spirit of this act, to regulate the busine: of ven- dors of liquor at retail and to deny and revoke licenses for cause subject to revie the courts of the State, je by ordinance fer the punishment of any violations promu ated by said municipality, and ex cepting also that all such regulation: shall be uniform. | Section 12. LOCAL OPTION. at any time when this act. is in force and effect the qualified electors of a ity in the State may cause to be submitted to the electors of said municipality the question as to whether or not ihe sale of intoxi- cating liquor shall continue to be legal in said municipality. This act shall remain in full force and effect in all parts of the state and in all munici- palities from and after its passage, provided, however, that if a majority of the ‘voters in any municipality desire that the right to determine th question of’continuing or not contin- uing this act in force in such muni cipality be voted upon, it is hereby provided that whenever a majority the voters residing in such munici- pality shall sign a petition and file the same with the Auditor or Clerk of such municipality 60 days prior to any regular ann statutory munic- al election, and ask therein that the he retail sale in said munic- y be voted upon, the City Auditor or Clerk shall cause such question to ymitted to the voters of said municipality at said election by a special ballot by which each veter is Kiven an opportunity to vote either for or against the sale of liquor in such municipality. 1f at said clection, the majority of the voters vote against the continuance of sald sale it shall he iliegal and contrary to law to sell liquor ‘at retail in said community from July 1st following said election until the question of submitting said question to the voters is again voted Proceedings under the terms of this section and when and if, at any suc- ceeding election the majority of the voters vole in favor of the retail sale of liquor in said municipality the retail sale of liquor in said munic! pality, under the provisions of this bill, shall become legal from and after the Ist of July follow:ng said ele, Section 13, CLUSING — HO DELEGATION OF POWER TO MU NICIPALITIES. No liquor shall be sold on election days and the govern- ing bodies of all municipalitie: |hereby authorized to designate re: able hours for closing and the days of the year on which liquor cannot be sold, and also provide for suitable punishment for the violation of such ordinance, SALES IN BUSINESS - Section 14. DISTRICT ONL}. No liquor shall be fons, partnerships and associations who may desire to engage in the sale of liquor, elther wholesale or retail. Such officer shall, before Ucensing any person, firm, corpora- partnership, of association, re- such applicant to submit, in such information as said commissioner shall deem necessary to nsure the xale of liquors by persons { good moral character. The commis- sioncr shall have power to refuse a liccnse to any person applying there for on the ground that such applic nt does not have the qualifications required by thix bill, but the decision of the commissioner shall always be subject to r by the couris of this state, Section 5. STATE Lt- CENSE, A's se fee in the sum of $50.00 annum shall be collected from exch person to’ whom a retail license is issued by the state which sum shall be collécted by said commissioner and turned over by him to the Treasurer of the State of North Dakota and carried ina fund to be known as the “Liquor Revenue Fund.” Section 6. WHOLESALERS — TAX N. Any person, partnership, corporation or association having an established place of business in this state and who has the qualifications defined by this act may obtain a wholesalers license for the wholesale distribution of intoxicating. Mquor within this state, Such license shall be issued by the State Beer Commis- 34,/ sioner upon proper application made 0136. Jto him on such lanks.as may be re- quired by him, and on the payment of the wholesale annual license fee of $500.00 for the period from July Ast “to ‘the following June 30th, to be collected by the Commissioner and paid to the State Treasurer, who shall deposit the same in a. fund to be known as the Liquor Revenue Fund. It shalt be unlawful to wholesale in- liquor within this state sold except within the business dis- trict of any incorporated city or vil- lage. The business district shall be defined by the governing body of each city or village by resolution or ordi- nance. Section 15. NO SALES TO ID COMPETENT PERSONS. No liquor shall be sold or served to students of @ Common, Public or Parochial Schools in this State, nor shall it be sold to any person under the age of 21 years, nor to any Indian nor to any habitual’ drunkard. And in case the wife of any head of a family serves a written notice on a retailer that her husband, by reason of drinkin, habits is harming his family, it shall be iNegal for such retailer to sell liquor to such husband ‘while such written notice is in force and not withdrawn. Section “16. LIBUTED AND NOT TRANSFERABLE. No Ji- cense-to sell liquor by retail or whol sale shall entitle the holder thereof to carry on said business at more than one location under any one license and each license issued shall contain the legal description of the place where the holder thereof operates his censed business, And no such licert shall be transferable except in t! case of the death of the licensee, dui |portation into this sta’ No, distillery operating within | ¥ on in said municipality. under petition |. ing said three months to the school districts in the State of North Dakota for the use and benefit of said school districts, the remittance to each school district to be a pro rata share of said er cent; such pro rata share to be based upon the ratio of the total |school population of each school di trict as compared to the total school Population of all the school districts in the state. The remaining 50 per cent. of such fund, :less sych oxpen- ditures, as are provided for in this act, shall remain the property of the State of North Dakota to be used and expended as the legislature of the| State may provide, Section 21. AUTOMOBILE DRIV- ING. The driving of an automobile or motor vehicle on any highway or foad in this State by & driver who is under the influence of liquor is hereby prohibited. Section 22. ENFORCEMENT. It shall be unlawful for any person directly or indirectly upon any pre- tense or by any devise to manufac- ture, import into th te, well, ex- change, barter, dispose of or keep for sale any intoxicating Mquor without first having obtained licenses there- for as herein provided. Nothing here- in contained shall prohibit the tm- in interstate commerce by duly licensed retail or wholesale dealers of intoxicating Nquor lawfully manufactured, labeled and transported under the laws of the United States. ection 23, PENSES — HOW PAID—APPROPRIATIONS. Expenses for supplies, stationery, stamps and other materials necessary to be used for the purpose of carrying out the Provisions of this act shall be paid by the State Treasurer out of the sald Liquor Revenue Fund, derived from its operation of this act, upon proper vouchers filed by the State Beer Com- missioner; provided, however, that there is hereby appropriated out of the general fund of the State not otherwise appropriated, the sum o} 00 to carry out the provisions of 24. DEFINITION OF The terms “liquor” and ing liquor” wherever used et shall mean and include cohol and distilled, ritous and other vinous in excess of 5.3 per by wefght. The As used herein beverage mente, if alcohol wholesale,” shall mean of resale. The term “wholesaler” shall mean any person, partnership or cor- Poration engaged in the business of selling intoxicating liquor in the original package to retail dealers fo The term “original package’ shall mean any package or container or receptacle holding liquor which is corked or sealed. The term “munic- ipality” shall mean any city or village incorporated under the laws of the State. “Retailer” means a person who si sell, and “retail” means the siness of selling liquor in quanti- ties of one wine gallon or less, at one time. _ a Section 25. SAVING CLAUSE. sought by this enactment o1 The obje s to provide for the sale of intoxicat ing Nquors in the State of North Da. kota and it is hereby declared that if any provision of th In any anner controverts the provisions of! the constitution of this state, or of the nited States, that ing provisions would have cies oe, i iene people even such provision had been eliminated pon the act. rigaona if ny of the ‘evisions are found to be in vi tion of either of natitutie the remaining. pro shall not he affected b though of this ‘ac y such invalid. . but shall remain in full force and effect. 26. OF CON Section REPEAL FLICTING LAWS. ~All“ other “arts or in conflict with the parts of acts Provisions of this act are hereby re- Pealed Any per- Provisions of this a nat 4 misdemeanor on ion therefor shal; be punished bya {ine of not less than One Hundred Dollars ($100) and not more than One Thousand Dollars ($1,000), or imprisonment in the County Jail for a period of not more than six months or both. For a sec- ond offense the same penalties shall be. assessed and in addition thereto the license of the offender may’ be revoked. ‘ ———_—ee— — — — PROPOSAL TO RESTORE A LARGER DEGREE OF LOCAL CONTROL AND LOCAL OPTION IN PRO- VIDING SUPPORT OF MINIMUM EDUCATIONAL FACILITIES. Submitted by initiative petition An Act to amend and re-enact Sec tion 7 of Chapter 235 of the Laws of North Dakota for the year 1929, gs amended by Chapter of the Laws of North Dakota for the year 1931, relating to the levy of school taxes and the limitations thereof, to Rermit governing boards of school istricts to make an annual tax levy tor school purposes in an amount suf- ficient to provide each school district with seventy ($70) dollars annually for éach child enrolled in the school or schools of each school district, to Provide for the exercise of option on the part of governing boards of school districts in the mode of de- termining tax levy, to define enroll- ment, to provide for the filing of sworn statements of enrollment, and to provide for the repeal of all acts and parts of acts in conflict with ct Be ie Enacted by the People of the at Se 5 ENT. eue u of Caapter 235 of the Laws of North Dakota for the year 1929 as amended by Chapter 297 of the Laws of North Dakota for the year 1931, is hereby amended and re-enacted to tead as follows: Section SCHOOL TAXES. School district taxes shall be lev: by the governing body of each scho: district on or before the last day of July of each year. Taxes for school district purposes shall be based upon un. itemized budget statement which statement shall show the complete expenditure program of the district for the current fiscal year and the sources of the revenue. from which it is to be financed. The board of education or board of directors of each school district, whether com- mon, independent or special, in le ing ‘taxes shall be limited by the amount necessary to raise for the purpose of meeting the appropr: n the school budget of the current fiscal year, and the sum necessary to be provided as a ing the term of the license, in which case the heirs of the deceased shall succeéd to the rights of the une: Pired portion of the licen Section 17, LEGALIZIS 3.5% BEER, ‘This. act shall not apply to beer containing less than r cent of alcohol by weight nor to any exis ing laws regulating the sale of such commodity. Beer or malt liquor con- taining not to exceed 5.5 per cent of alcohol by weight 1s hereby legalized and may be . imported, trans- ported and possessed by those entitled thereto and by those licensed under existing laws and subject to existing reserve fund (as hereinafter provid- ed in Section 10) together with a-tax sufficient in amount to pay the in- terest $n the bonded debt of the dis- trict and provide a sinking fund to bay and discharge the principal thereof at: matyrit “(1) The aggregate amount levied by any school district, whether com- mon, independent or ‘special, except as hereinafter provided by sub-sec- tion seven, shall not exceed such mount will be produced by a vy of fourteen (14) mills on the ~|consequently canning is the best | Enco Processing and Canning of Beef Animals Outlined by Extension Service Necessity for slaughtering large quantities of thin beef owing to drouth-destroyed feed supplies has re- sulted in the issuance by the North Daxota Agricultural college extension service of simplified instructions for the processing and canning of this meat. Hundreds of inquiries, Grace De- Long, state home demonstration lead- er, reports, have been received lately from residents of the state regarding methods for utilization of beef and other livestock on the farm. Slaugh- tering in warm weather has its com- plications and the following instruc- tions will enable livestock owners to conserve their beef with as little waste as possible. Albert Severson, of the college ani- mal husbandry department, has the following to say about slaughtering and processing ( “Only, healthy, thrifty animals should be taken for slaughter but they need not necessarily be fat. Ex- ceptionally thin or weak animals! should be used only upon the recom- mendation of a competent veterin- arian. Thin animals generally pro- duce less tender cuts than fat ones, method of disposal. Give Animals Water “Give the animals all the water they want before slaughtering. For con- venience in working, the digestive tract should not be full. Do not slaughter an animal just after being driven a distance or when overheated. “Essential tools required are a good skinning knife, hoist with pulley, double tree or neck yoke for hanging carcass, killing axe or gun, clean cloths and cold water, some blocks of wood for props, a meat saw, oil stone and stecl. SANS “Slaughter late in the afternoon or */at least 12 hours. A thin carcass may | essary. chill sufficiently hanging in the open air over night but it should be cut up in the morning. Hang high enough to be safe from predatory animals. In an ice well or other artificial refrigerator having a con- stant temperature of 38 degrees Fahrenheit or lower the carcass may hang a week or more without danger of spoilage, and the flavor and ten- derness are definitely improved. “The fore and hind quarters are separated by cutting between the 12th and 13th ribs, leaving cne rib on the hind quarter in cuts No. 5 and No. 6 in the accompanying i!lustra- tion. Cuts No. 7 and 8 (see illustra- tion) contain 7 ribs, leaving 5 ribs in cuts No. 9 and 11. All cuts may be divided into pieces for cooking. Curing of beef, Severson states, should not be attempted unless the degrees Fahrenheit or lower. The round and shoulder clod (large mus- cle over shoulder blade) generally are used for making dried beef. The plate and rump are used for corned beef. Any cut of beef, however, may be cured. A Dry Cure Described “For each 100 pounds of meat make up a mixture of 8 pounds salt, 2 or 3 pounds sugar and 2 or 3 ounces salt- peter. Rub the pieces thoroughly with the cure and pack tightly in @ stoneware crock or wood barrel. Feed Situation in Dro temperature can be maintained at 50) Illustrated above is a simplified met desirable pieces for home use. meat are indicated in the illustrati steaks. (5) Porterhouse—T-bone ends, stew or short ribs. (8) Navel beef. (11) Chuck—roasts, steaks, Neck—groun The f flank steak, stews, ground beef, fat. rolled boneless pot roast, ground beef. uth Areas urages Slaughter of Cattle “How to Cut Up a Beef’ for Home Use ER thod for cutting a beef carcass into following cuts and uses for the ion: (1)—Shank—stew, soup bones. (2) Round—roasts and steaks; outside muscles for Swiss steaks; top of round for pot roast; soup bone. (3) Rump—roasts. steaks, club steaks, (4) Sirloin— 7) Standing reed! i, rib MD nt Toasts, plate—short ribs, stew, corned beef, (9) Brisket plate—stew, corned rib ends, stew or short ribs. (13) id beef, stew. Sprinkle a thin layer of the cure in packing. Cover with hardwood boards and weight down with heavy stone. If pieces are not too large, they will be cured enough in about two weeks. Wash the cured pieces and soak in water for about an hour to remove the. excess cure from the ‘surface. Drain, and smoke if desired. Wrap and hang in @ cool place. Mold will grow on the surface but this can be trimmed off with little waste.” Most parts of all meats, including the various glandular organs, can be canned either raw or cooked, accord- ing to Ruth M. Dawson, extension service nutritionist, who gives a few suggestions on canning here. “Wash the meat if necessary,” she says, “but never allow it to soak in water. Soaking dissolves the meat juices. Wiping the meat with @ evening so that the carcass may chill}@amp cloth usually is all that is nec- Water or meat stcck does order for meat to keep. The meat may be canned with just the small amount of drippings that collect in the searing or roasting pan. Water product stringy and flavorless. Meat which is packed raw forms its own juices. Miss Dawson recommends the use of @ pressure cooker for canning meats, this method giving the thor- ough sterilization necessary in can- ning. Thorough sterilization and per- fect sealing of the jar or can are the secrets of successful meat canning. The oven and water bath methods of canning are used satisfactorily by some people, but neither method is recommended. 5 Lists Equipment Equipment needed for canning meats include a pressure cooker; pint or quart glass jars, new rubbers and covers, or No. 2 and No. 3 tin cans tin can sealer if tin cans are used; frying pans for browning the meat, or pans for roasting; large fork, sharp knives and measuring spoon. “Meat may be put into the cans either raw or partially cooked. Pack- ed raw it develops a considerable quantity of liquid in cooking and is slightly less brown than precooked meat. Partial cooking shortens the time for processing by 5 minutes and gives an added flavor to the product. This precooking may be done b; Such fund shall be subject to all re- quirements which now govern the sinking fund of any school district and shall be retained by or deposit- ed with the custodian of the sink- ing funds of the district. Alt pay- ments from such fund shall be upon arrant of the proper fiscal officer of the district for whose benefit the tax was levied. Whoever uses or authorizes to be used such fund or any part thereof for any purpose ex- cept the purpose for which the fund was created shall be liable therefor and upon his official bond. If any unexpended balance of such fund is no longer needed for the purpose for which the fund was created or the project is abandoned, such balance shall be transferred ‘to the general fund of the municipality or to the sinking fund or funds ‘of the mu- nicipality as directed by the gov- erning ‘board. No such transfer shall be made until the object of the levy ix satisfied or abandoned. (6) The foregoing limitations shall to levies for the purpose pay interest on bonded debt nor to levies made to pay and dis- harge the. principal thereof at mat- nor to taxes levied for the purpose of paying any final judg- ment, or judgments, obtained against any ‘school dist: provided, how- ever, that the aggregate amount levied for the purpose of paying any fiscal judgment, or judgments, ob- tained ‘against ‘any ‘school district shall not exceed such amount as will be produced by a levy of five (3) mills on the net taxable assessed valuation of the property therein, and provided further, that this Se tion shall not be deemed, or co: strued, to modify, qualify, or limit the authority of any school district to issue bonds under the provisions of sub-division (sub-paragraph) se’ en (7) of Section 4 of Chapter 196 ion Laws of 1927, in case ed that when the maxim: jeg: ral of levy permitted by the foregoing do not provide an annual revenue school district equal to a sum ft nty ($70) dollars for each child enrolled in the school or schools of such district (not including sums levied for interest and sinking funds) the governing board of any such di dollar of the net assessed valuation of the district; provided, however, without @ license therefor as herein|regulations and taxes in the same|that any school district may levy not provided. Such license shall entitle the holder thereof to ¢ngage: in the wholesale business without obtaining a license from the local municipality. | P Such licensee may not sell intoxicat- ing Mquor except in the original con- tainer or pack: for resale pur- poses by retail dealers only, and such ‘holepalers may not conduct or be directly or indirectly interested in other business licensed under this Aet, - Section 17. COMMON CARRIER LICENSE — RAILWAY COMPANIES LICENSED. The State Beer Commis- sioner may issue a license to any railroad company, Sperasteg. 4 this. tate to sell intoxicating Nquors by the glass for consumption upon its dining cars, buffet observation or cafe cars where meals. or lunches are rved. Such licenses ‘so granted permit the sale of such intoxi- cating liquor in the State of North Dakota or in any political subdivision thereof, upon ony such car which is @ part of the train or which is about to become a part of the train then being operated or to be operated in this State. Such intoxicating lquor shall be sold only to bona fide pas- ere or persons actually bein; 4. Local’ authorities sha! any jurisdiction but such Ucense shall be subject to the exclu- sive supervision and regulation of th State Beer Commissioner, The licens: fee for such common carrier license shall be the sum of $500.00 per year for the period from July 1st to the following June 30€h, to. he pala te: sald commissioner and geposited by him “with the Staie Treasurer aad manner and upon the same lice: are applicable under the law r ire to beer containing not to exceed 3: nt of alcoho weight. - Section 18. G- LIQUOR PROHIBITED. Bootleg liquor as the term is commonly understeed, hereby declared illegal and may not be sold by any license under the pro- | visions of this act and no licenste shall, before the sale or 6 eving of Mauor, rectify, blend, cut or dilute the same nor sell or serve any liquor which has not labeled and distributed in accordance with the laws of the United State: and. which is not -of the standard -o! purity, required by the laws of the nited States, or such rao} required pag as aye reafter the legislature: of the Stat North Dakota. Section 19. SACRAMENTAL WINE, ‘he provisions of this act shall not be deemed to prohibit the importa- tion into this state of sacramental wines, and the use of such sacra- mental wines for poses under the rules of any church or established religious organisation is-hereby declared legal without the payment of taxes or license fees. Section 20. SCHOOL DIST: RECEIVE PORTION OF REVENUB FROM LICENSES AND TAXES. The revenue rec by the State Treas. es aud from tl excise stany i be placed fund to be knows he Li : ht! months: périod thé gata Stats rel : urer al ent of all process ré ve ure from all ina the ior Rev- enue Fund. “At the end of es fund dur- to exceed eighteen mills on the dol- lar of “ite net assessed valuation, if the exce: oF such portion thereot as may be necessary, is to for. the burpes, of paying the tion, as provided by law. of rei dent pupils who attend high school in another district, except that: (2) Any school district giving two f standard high school work may Late taxes not to exceed sixteen at mills, and: (3) Any user tul- been manufactured, |'ye4rs of standard high school work y levy not to exci eighteen (18 millle, ana: anyer ae (4). Any- school district maintain- ing a consolidated school mer levy not to exceed sixteen (16) mills on ine dollar of its net taxable valua- rape ) The woverning body of any school district. may me taxes an- Mually fora school building fund not in excess of one mill annually and not in excess of the limitations pre- scribed in this Section and Section 18, but excepting the provision in sub-section seven, hereinafter, when authorized to do so by 60 per cent of the electors voting upon the question ® regular or special election. Buch fund shall be used exclusively for erecting school buildings. All amounts received from such levy shall be kept in a special fund and Such fund shall be known as a schoo! building fund. Such fund may be used in connection with the proceeds of any bond issue made for the same Durpose.. at shall be: illegal to use sch fund or any part thereof for Ay purpose except for the purpose jot which th ind wes created. echool district giving four | ¥°, trict may without special authoris tion extend the annual levy to the point necessary to provide a sum to exceed seventy (870) dollars tor each child enrolled. Nothin: provision, howeve: to restrict any di nder sub-sections (1), (2), 4) of this Section provid: nual revenue in excess of sev Geulare at ee child ones, shal js provision restrict the op, ration of section 13 of this Act. 6 in of y sucl it twenty school of the current or the last school * On or before the fifteenth day of June in each year, it shall be the duty of the governing board of each school district to cause to be filed with the county superintendent of schools of the county in which such scneph district is located an j= davit, signed by the clerk and the resid of h governing board, tting forth the enrollment in thi school or schools of such school dij trict for the current or the last school year. Provided, however, that this provision shall be deemed pro- perly met for the year 1934 by the filing of the aforesaid affidavit on or before th a vad lay of July. Section 2.. REPEAL. All acts and parts of acts so far as in conflict with this act ar reby repei IN WITNESS EO! hereunto affixed the Great the State of North Dakote the ‘apitol in the City of Bismarck, this 28th day of May, 1934. SEAL) SQecpetary nf Stal « v of State. June 1 20-83-93-85 (1) Searing the meat, cutting the meat into pieces with only a small amount of fat left on and browning in a hot frying pan to which a small amount of fat is added. Pack while hot into hot containers. (2) Roast- ing the meat. The whole cut is brown- ed in the oven and cooked for ap- proximately one-half the roasting pe- riod. It is then sliced and packed in jars. The process takes longer than searing in the frying pan and yields no better results. (3) For stews, cut- ting the meat into small pieces, brown. in fat, pack in hot jars and cover with water. (4) Grinding the less tender cuts, shaping into small balls or cakes, browning and packing in jars. A small amount of pan drip- Pings may be added. “After packing. add one teaspoon- ful of salt per quart of meat, or for a No. 3 tin can. Add no liquid ex- cept pan drippings. For stews or soups the meat should be covered with hot water or meat broth. Partly seal glass jars and seal tin cans. Pre- cooked meat is advised for tin cans. “Put about 2 inches of water in the bottom of the pressure cooker be- fore packing the jars into it. Place Get the bottom of the container before | not have to be added to the jars in| added to meat tends to make the; jthe rack in the cooker and set the jars or tins on the rack. Tin cans, because they are completely sealed, may be placed on their sides if they fit into the cooker better that way. Place the cover on the cooker—have the petcock open. Clamp the top on tightly and then heat so that the water boils and. sends up a steady jet jof steam through the petcock. Let the steam escape 7 minutes when glass jars are used. If tin cans are used the fire may be hotter so that the air escapes more rapidly. When jthe air is all out, close the petcock and watch the dial. When’ the right pressure is reached, regulate the fire |S0 this pressure is maintained. “Count the processing time from. {the time the dial registers the de- |Sired pressure. | Gives Processing Time Raw meat should be processed at 10 pounds pressure for 100 minutes for {quart glass jars, and 95 minutes for No. 3 tin cans. Partially cooked meat, including sausage or meat cakes, should be processed at 10 {pounds pressure for 90 minutes for quart glass jars and 85 minutes for No. 3 tin cans. For pint jars or No. 2 tin cans, the time may be reduced 10 minutes from the foregoing fig- ures, Miss Dawson states. If meat is :packed raw into tin cans, the cans jmust be set in boiling water and al- lowed to cool for 15 minutes to drive out the air before sealing and pro- cessing. When the processing time is com. pleted, remove from the fire and if tin cans are used the petcock on the cooker may be opened slowly, until the dial or gauge registers zero. If glass jars are used, the pressure dial or gauge must be allowed to come back to zero without opening the petcock. “When the dial is at zero the top of the cooker may be removed, the jars or cans taken out and the glass jars sealed. Tin cans will be bulged if the seal is perfect but will snap back into place after cooling. Put tin cans in cold water to cool. Test all glass jars for leakage. Clean and label them.” If desired, some of the meat may be ground, made into sausage cakes, fried until done and then packed in clean, sterile crocks and covered with hot beef fat, or lard. These crocks of meat will keep if kept in a cool Place, 40 to 50 degrees Fahrenheit. Pressure cookers range in size and cost from the small 10 or 12 quart size at $10 to $15, to the hotel size of 25 to 28 quarts costing $16 to $22.50, *" Strange But True | | Stories of Life | | (By The Associated Press) WASN’T ANY MORE Halifax, N. S—Peter Duncan lJearn- ed through newspapers that Edin- for 20 years. and they sent him $125. Duncan used the money to return to his homeland, there to collect the rest of his legac: All he got was a receipt to sign. share had been $125. #2 g The gasoline patrol is means used by the state of Prevent gasoline tax evasion. Texas a crew of 23 patrolm out of five different cities, the roads day and night, and a t: driver may be stopped at 8 F Ee Your Campaign Cards THE BISMARCK TRIBUNE CO. JOB PRINTING DEPARTMENT Election Day Is Drawing Near Telephone No. 32 and a representative will call FOR RENT One unfurnished apartment. oe heat. Electric refrigerator. Blectrie =a stove. Fireproof bi at once. Rent at . Available the Bismarck Tribene