Full Text Of Local Option Law

There has been so many requests for the republication of the local option law that we here give it in full. It is what is known as act 197 of the session laws of 1887, and the full text is as follows:

An act to regulate the manufacture and sale of malt brewed or fermented, spiritous and vinous liquors in the several counties in this state.
Section 1. The People of the State of Michigan enact, That the manufacture and sale of malt, brewed or fermented, spiritous and vinous liquors in the several counties in this state be and the same is hereby regulated as follows: That upon application by petition, signed by not less than one-fifth of tho voters of any county, as shown by the last preceding vote on governor, who are qualified to vote for county officers in any county in this state, the county clerk of such county shall call an election to be held at the places of holding elections for state and county officers, to take place within forty days after the receipt of such petition by said county clerk, to determine whether or not intoxicating liquors, as mentioned in section two of this act, shall be manufactured or sold within the limits of such designated county. Provided, That no election held under this act shall be held in any month in which an election for state, county, city, village or township officers is held; and such question having been once submitted and decided by the rotes of the electors shall not be again submitted for a period of three years, but shall at any time after the expiration of the said three years, upon like petition, be again submitted. Notice that such a question is to be submitted shall be given by the county clerk for the same time and in the same manner as is provided by law for giving notice of special elections for county officer. The vote shall be by ballot, and the ballots shall be deposited in ballot boxes furnished for the purpose, and separate poll-lists and tally sheets shall be kept. The county clerk shall provide poll-lists, tally sheets, and a sufficient number of tickets for such election, at each polling place at the expense of the county. All the electors voting at any such election that the manufacture and sale of intoxicating liquors for use as a beverage shall be prohibited, shall have printed or written, or partly printed or partly written on their ballots the words. "Against the manufacture and sale of intoxicating liquors," and all the electors voting at any such election that such manufacture and sale shall not be prohibited, shall have printed or written, or partly printed or partly written, on their ballots the words, "For the manufacture and sale of intoxicating liquors.." The inspectors of elections, as provided by law, shall act, and shall have authority to appoint assistants, if any shall be necessary. The ballots shall be cast and counted, and the returns of the same shall be made from each voting precinct to the clerk of the county in which such election is held in the manner prescribed by law for the election of county officers. The clerk of said county shall enter in a book to be provided by him for that purpose a tabular statement of the number of votes cast for and against such proposition in each voting precinct in said county, as shown by said returns, together with the aggregate number of votes cast for and against such sale in the elective county. Said statement so recorded shall be a public record of the county, and shall be prima facie evidence of the truth of the matters therein stated.
Sec 2. That from and after the first Monday in May next, after such special election, it is hereby declared unlawful to manufacture, sell, give away, or furnish malt, brewed, fermented, vinous, or intoxicating liquors of any kind, or in any quantity, or liquors, any part of which is malt, brewed, fermented, vinous, or intoxicating, or to keep for sale, or keep a place where such liquors are manufactured, or keep for sale, given away, or furnished, within the limits of any county in which a majority of the votes cast at the election next preceding, upon the question of prohibiting the sale of intoxicating liquors, as provided in section one of this act, have been cast against the manufacture and sale of intoxicating liquors; except where done by a druggist who is, or who employs a registered pharmacist, strictly in compliance with the laws for the regulation of druggists. And whoever, within such limits, himself or by an agent, or otherwise, thus manufactures, sells, furnishes, or gives away, any such liquors, or keeps for sale, or keeps a place where such liquors are manufactured or kept for sale, given away or furnished, upon conviction there of, in any court of competent jurisdiction, shall be fined in any sum not less than fifty nor more than five hundred dollars, or be imprisoned in the county jail not less than ten days nor more than six months or both, in the discretion of the court.
Sec. 3. In any county in this state, in which the electors of such county, as hereinbefore provided. have voted to prohibit the manufacture and sale of such liquors, by a majority vote, then in such case the provision of the general laws of this state for the taxation and regulation of the business of the sale. manufacture or dealing in such liquors is suspended or superseded, from and alter the first day of May next following, so far as relates to the territory of such county, and all sales made by druggists in such county shall be under all the restrictions imposed upon druggist by said general laws of this state.
Approved June 18, 1S37 .