NORTH CAROLINA. 



665 



ed by various religious and other bodies and 

 by a State Prohibition Convention, consisting 

 of 200 delegates from all parts of the State, 

 which met in Raleigh in January. The act 

 which was passed is as follows: 



SECTION 1. That any person who shall manufacture, 

 buy, or sell, either directly or indirectly, any spiritu- 

 ous or malt liquors, except wines and cider, or by any 

 shift, subterfuge, or device, spirituous liquors, or any 

 liquor of which spirituous liquor is a material or con- 

 stituent part, in any quantity, in this State, otherwise 

 than by this act provided, shall be guilty of a misde- 

 meanor, and upon conviction thereof in any court of 

 record, having jurisdiction of the same, shall be fined 

 not less than one hundred nor more than one thou- 

 sand dollars, and be Imprisoned in the discretion of 

 the court. 



SEC. 2. That spirituous liquors, or liquids of which 

 spirituous liquors are a material and constituent part, 

 may be kept and sold as by this act provided, and in 

 no other way or manner, only for medical, chemical, 

 and mechanical purposes, and for these purposes only 

 by a druggist, apothecary, or physician, who shall 

 have obtained a license in pursuance of the provis- 

 ions of this act, allowing him to sell the same for such 

 purposes ; apothecaries or physicians in each county 

 shall have such license ; and any druggist, apothe- 

 cary, or physician who shall have obtained such 

 license shall not keep at any time a greater quantity 

 of such spirits on hand than thirty gallons ; and shall 

 not sell to any person a greater quantity, at one time, 

 than one gallon. 



SEC. 3. The county commissioners of the several 

 counties in the State may, upon application made to 

 them, only in the way in this section provided, by a 

 druggist, apothecary, or physician, grant a license to 

 last for one year and no longer, to sell such spirituous 

 liquors as are mentioned in this act only for medicinal, 

 chemical, and mechanical purposes, and in the way 

 and manner in this act directed, and no other; but 

 before granting any such license they shall ascertain 

 and find by the oath and examination of two or more 

 sober and respectable citizens of their county that 

 such applicant is a sober, reliable, and trustworthy 

 person ; and they shall record the names of the citi- 

 zens so by them examined and the facts so found by 

 them upon the minutes of their proceedings in con- 

 nection with the orders and proceedings granting 

 such license ; and any druggist l apothecary, or physi- 

 cian desiring to obtain sucn license shall apply for 

 the same by petition setting forth that he is a drug- 

 gist, apothecary, or physician in the county where 

 such application is made the place where he sells 

 drugs and medicines or regularly practices medicine 

 that he desires to keep and sell such spirituous 

 liquors only for medicinal, chemical, and mechanical 

 purposes; that he will not knowingly keep or sell 

 such liquors otherwise, nor in greater quantities than 

 as by this act allowed, and that he will well, truly, 

 and faithfully keep and observe the provisions of this 

 act so far as the same are applicable to him ; such 

 petitioner shall subscribe and swear to this petition, 

 and the same shall be filed and preserved among the 

 papers and records of the county commissioners be- 

 fore it shall be presented. But no druggist, apothe- 

 cary, or physician shall be licensed to sell any of the 

 spirituous or malt liquors herein mentioned until he 

 has executed and given to the board of commissioners 

 of the county wherein the liquors are proposed to be 

 sold, a bond with good and sufficient security, to be 

 duly justified in a sum of not less than five hundred 

 and not more than five thousand dollars, conditioned 

 that he will faithfully comply with and perform all 

 the requirements ana conditions of this act. The 

 said bond shall be recorded and filed as in cases of 

 official bonds, and whenever the said commissioners 

 shall have reason to believe that the party so licensed 

 has violated any of said conditions or provisions, they 

 may put the same in suit and prosecute to judgment, 



and in addition thereto they may for good cause re- 

 voke said license, first giving to the holder thereof at 

 least two days' notice of the time when a notice to 

 revoke will be made. 



SEC. 4. A druggist, apothecary, or physician hav- 

 ing a license to keep and sell such spirituous liquors 

 as by this act provided, shall not sell the same to any 

 one person at one time, in a greater quantity than 

 one gallon, nor in any quantity, unless the person 

 applying to purchase the same shall present and de- 

 liver the certificate of a sober and respectable practic- 

 ing physician, not a licensed dealer under this act, 

 given upon his honor, to the effect that such spiritu- 

 ous liquors so required are in fact required for medici- 

 nal purposes ; or a like certificate of a sober, respect- 

 able chemist or artist, that such spirituous liquors are 

 required in fact tor chemical purposes ; or a like cer- 

 tificate of a sober, respectable mechanic that such 

 spirituous liquors so required are hi fact required for 

 mechanical purposes ; and if any physician, chemist, 

 artist, or mechanic shall make any such certificate 

 falsely stating or suggesting the purpose for which 

 such spirituous liquors specified by him are required, 

 every such physician, chemist, artist, or mechanic 

 making such false certificate shall be deemed guilty 

 of a misdemeanor, and upon conviction in any court 

 of record having jurisdiction thereof shall be fined 

 not less than one hundred nor more than five hundred 

 dollars, and may, in the discretion of the court, be 

 imprisoned. 



SEC. 5. Every druggist, apothecary, or physician 

 who shall have a license to sell such spirituous liquors 

 as provided for in this act, and shall violate the pro- 

 visions of the same in any respect, directly or indi- 

 rectly, or by any shift or subterfuge, shall, for every 

 such violation thereof, be deemed guilty of a misde- 

 meanor, and, upon conviction in any court of record 

 having jurisdiction, shall be fined not less than one 

 hundred dollars, nor more than five hundred dollars, 

 and be imprisoned in the discretion of the court ; and. 

 moreover, shall forfeit his said license, to be canceled 

 by the court; and if any clerk or employe' of such 

 druggist, apothecary, or physician shall in any way 

 violate the provisions of this act, under pretense of sell- 

 ing such spirituous liquors for his employer, or other- 

 wise, he snail, for every such offense, fee deemed guilty 

 of a misdemeanorj and upon conviction in any court 

 of record having jurisdiction shall bo fined not less 

 than fifty dollars nor more than one hundred dollars, 

 and be imprisoned at the discretion of the court. 



The act was to take effect on October 1, 

 1881, but on August 1, 1881, an election was 

 required to be held, for or against prohibition. 

 If the majority voted against prohibition, the 

 prosecutions authorized by the act were not to 

 be made. 



The Anti-Prohibitionists met in convention 

 at Raleigh on the 1st of June. Nearly every 

 section of the State was represented, but the 

 greater number of the delegates were from 

 west of Raleigh. About a quarter of the num- 

 ber were colored. The following resolutions 

 were adopted : 



Whereas, A bill to prohibit the manufacture and sale 

 of spirituous and fermented liquors, for the purposes of 

 beverage, within the borders of North Carolina, was 

 passed oy the last Legislature, to be submitted to the 

 people, for ratification or rejection, at an election to be 

 held on the first Thursday in August next; and 



Whereas, The said act is obstructive to the moral, 

 .social, political, and material progress of our people: 

 Because it proposes to deprive them of reasonable and 

 proper liberties they have always enjoyed, is sumptu- 

 ary in its character and opens the door to further en- 

 croachments upon those liberties. Because it is vio- 

 lativu of our State Constitution in letter and spirit. 

 Because it is incapable of enforcement, and, as worse 



