Page:Harvard Law Review Volume 2.djvu/148

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130

HARVARD LAW REVIEIV.

of a license unless the applicant produces a petition signed by a majority of the electors of the district.^

Still another allows such a majority in localities within three miles of a school or church to petition against the granting of license therein.*

Females, as well as males, are competent subscribers to such petition.*

License.

The statutes regulating license are mainly occupied with the conditions of obtaining a license, by whom it may be granted and revoked, and the tax or fee required of the licensee.

Who may obtain License. — The applicant must be temperate,* of good moral character, over 21,^ a citizen of the United States.* Must not have violated the liquor laws within one,^ two, or five® years, or in his life.®

Must be recommended by the grand jury,^ and must not be a trial judge.^^

Application. — He must present a written application signed by a majority of the resident electors,^ or by twelve citizens,^ or by ten bona fide residents, five of whom must be land-owners nearest the place proposed.^* This application must state the kind of business to be done and the building in which the saloon is to be kept,^ which must not be a State or county building,^* or a grocery ^^ or within four hundred feet of a public school,^ or a dwelling-house, unless communication between the dwelling por- tion and the place of sale is cut off; ^ and there must be two good rooms for guests.^

Notice and Remonstrance. — Notice of the application must be published in a weekly paper,*^ or at the court-house, for two or more weeks. Thereupon a remonstrance may be entered by any

  • Rev. Stats. Mo. ch. 98, s. 5442.

8 Dig. Stats. Ark. 1884, s. 4525.

6 Laws of Utah, 1882, ch. 28, s. 2.

^ Laws of Minn. 1887, ch. 6, s. 2.

» Rev. Stats. Mo. ch. 98, s. 5458. " Rev. Stats. S. C. s. 801. " Rev. Code Del. 1874, p. 261. w Gen. Stats. Conn. 1888, s. 3063. " Laws of Pa. 1887, no. 53, s. 4. » Gen. Stats. Conn. 1888, s. 3074. « Pub. Stats. Mass. 1882, ch. 100, s. 6.

a Dig. Stats. Ark. 1884, s. 4524. < Code W. Va. 1887, ch. 32, s. 14.

• Laws of Pa. 1887, no. 53, s. 2.

  • Laws of Minn. 1887, ch.8i, s. 4.

w Laws of Md. 1882, ch. 46, p. 80. 12 Laws of Fla. 1883, ch. 3416, s. 2. w Code of Ga. 1882, par. 1419.

M Gen. Stats. Conn. 1888, s. 3074. " Acts of Mass. 1882, ch. 22a ^ Rev. Code Del. 1874, p. 261.