saloon or dance hall shall be $5,000 every three months in addition to a retail liquor license;53 that any one selling intoxicants to minors or imbeciles, or employing minors as barkeepers is guilty of a misdemeanor,54 and that the sale of liquor to Indians be prohibited.55 In New York there have been two acts passed, the most important features of which are provisions increasing the excise tax by 50%, of which the state receives one half and also pays one half of the rebates. The amount of the bonds is also increased, being in no case less than $500, and equal to the amount of the tax for one year plus one half of that amount.56 The law is also amended in relation to definitions, special agents, penalties, convictions and many other matters.57 In Oregon an act has been passed relating to the sale of hard cider and providing that licenses be granted for the retail of liquor only on a petition of a majority of voters residing in the precinct 30 days preceding the signing of the petition, and prescribing the procedure therefor.58 In Pennsylvania we have an act permitting the court to substitute another person for a deceased applicant for license to sell liquor;59 also an act relative to the penalty for selling liquor to an habitual drunkard within three months after notice; and an enactment providing that on a petition of two relatives or friends and an affidavit of two physicians that the treatment would be beneficial, the court may commit persons addicted to the use of liquor or drugs to a hospital or asylum, not to exceed one year, on security being given for expenses.61 The only amendment to the law in West Virginia prohibits the sale of intoxicating liquors without a state license, provides the procedure necessary in the case and prescribes the penalty for violating the law.62 In New Jersey it is provided that mayors in cities of 100,000 population are to appoint bipartizan boards of excise commissioners consisting of four members, who shall serve for two years and have the sole power to grant licenses; the license fees are also provided for.63 Only two acts have been passed by the California Legislature on this subject: one relating to the sale of liquor to Indians or habitual drunk 66 ards;64 and the other making it a misdemeanor to sell intoxicants to a child under 18 years of age, or to permit such child to enter a saloon or public house where liquor is sold.65 In Tennessee it has been made a misdemeanor to send a minor to buy or procure intoxicating liquors, or to sell, give to or procure intoxicants for inmates of charitable or correctional institutions.67 Sales of liquor are prohibited within 4 miles of a schoolhouse in towns of 5000 inhabitants68 or within the same distance of any national or confederate soldiers home,69 and in prosecutions for violating such law the payment of an internal revenue tax is made prima facie evidence of such sale.70 In Texas a sale or gift of intoxicants to habitual drunkards is prohibited; provisions are made. relating to the unlawful sale of liquor in county, justice preeinet, school district, city, town or subdivision of county, possession of a United States license being made presumptive evidence of such sales.72 The act relative to giving prescriptions in local option territory has been declared unconstitutional.73 The only amendment to the excise law in New Mexico relates to the sale of intoxicants to Indians.74 In Arizona it is forbidden under certain provisos to grant licenses to sell liquor at retail within 6 miles of grading camps or public works employing 25 men.75 In Utah the same prohibitions are in force except as to licensed saloons established six months before the beginning of the work.76 The same state also amends the statutes relative to revocation proceedings." In Indiana saloons are prohibited within 1 mile of a national or state military home or army post.78 In Washington there have been two amendments to the law: one makes it a misdemeanor to sell intoxicants within 2000 feet of a reform school, normal school, agricultural college or state school for defective youth ;79 the other prescribes a similar penalty for maintaining a place where liquors are sold contrary to law, declares such places common nuisances, and provides the mode of procedure necessary for their abatement.80 In Kansas an act has been passed relating to the sale of liquors in drug stores, and regulating the fees of probate judges for filing affidavits.81 Another act provides that the attorney general, county attorney or a citizen of a county where intoxicants are sold contrary to law, may maintain an action in the name of the state to abate and enjoin such nuisance; penalties are also prescribed.82 In North Dakota a new enactment prescribes the method of obtaining druggists permits to sell liquor, regulates the sale of liquor under such permits and regulates the life of the same; also an act has been passed giving a reward of $50 for the arrest and conviction of persons violating the prohibition law. The only recent amendment in Georgia allows the city authorities to prohibit Sunday liquor selling, and prescribes a penalty for such sale. There have been two changes in the North Carolina excise law: one including in the term "inebriate" all those who through the use of liquor become violent or refuse to provide for their families; and one regarding the examination, custody and commitment of inebriates to hospitals, the procedure therefore, and support of same.87 'Mass. '03 ch.460 "Mass. '03 ch.410 Mass. '03 ch.461 'N. H. '03 ch.95 N. H. '03 ch.122 "N. H. '03 ch.32 Ct. '03 ch.104 Ct. '03 ch.82 "Ct. '03 ch.1 Ct. '03 ch.103 13Ct. '03 ch.100 14Ct. '03 ch.78 13Ct. '03 ch.79 16Me. '03 ch.170 "S. D. '03 ch.166 S. C. '03 ch.12 Fla. '03 ch.84 Fla. '03 ch.82 34Okl. '03 ch.19 Va. '03 ch.151 36Va. '03 ch.272 Va. '03 ch.158 38 Va. '03 ch.311 39 Va. '03 ch.101 Mich. '03 ch.170 "Mich. '03 ch.62 Del. '03 ch.371 Del. '03 ch.464 18S. D. '03 ch.167 S. D. '03 ch.191 "Id. '03 p.432 20S. D. '03 ch.165 21Vt. '02 ch.90 22Wis. '03 ch.418 Wis. '03 ch.207 24Wis. '03 ch.141 25 Wis. '03 ch.440 "Id. '03 p.346 Ill. '03 p.164 49Minn. '03 ch.206 30 Mo. '03 p.168 University of the State of New York New York State Library REVIEW OF LEGISLATION 1903 LEGISLATION BULLETIN 22j PUBLIC HEALTH AND SAFETY1 CHARLES V. CHAPIN M. D. SUPERINTENDENT OF HEALTH, PROVI DENCE R. I. General supervision. The first state to establish a central board of health was Louisiana in 1855 followed by Massachusetts in 1869. Since then the organization of state and territorial boards of health has rapidly progressed till in 1902 there remained only four states or territories without one. During the past year boards have been organized in Arizona, Georgia and Oregon, so that Idaho is now the only state without a central sanitary organization. Those members of these boards who are not so by virtue of some other office are all appointed by the governor, and in Georgia ['03 p.72] it is required that one member be appointed from each congressional district. The question of the quarantine of one place against another has been one of vast importance in the Southern states, and the fact that this board has large quarantine power is doubtless the reason why it was deemed necessary to secure equal representation of all parts of the state by providing for a large board appointed as above. In Oregon ['03 p.82] it is provided that in the appointment of the six members of the state board various sections of the state shall be represented. The organization adopted in Arizona is more in accord with the modern tendency toward a compact executive. In this territory ['03 ch.65] the Board of Health consists of three members, the gov ernor, the attorney general and a superintendent of public health appointed by the governor with the consent of the Legislative Council. In practice it will doubtless be found that the superinSee also Governors Messages and Summary of Legislation, 930. |