75,000 inhabitants and adjoining a city having 500,000 population or more, to grant dramshop license in a city containing less than ten thousand inhabitants or in any incorporated town or school district where a majority both of the assessed tax-paying citizens and guardians of minors owning property in the school district and in the block or square in which the dramshop is to be kept shall sign a petition asking for such license to keep a dramshop therein.

A large number of bills inimical to liberal interests were defeated.

New Hampshire:-Many changes were made in the license law of the State the past year.

House Bill 472, which provides that the holders of ninth class licenses (restaurants) may serve liquors on holidays, Sundays and election days, to bona fide guests, under conditions outlined by the State License Commissioners.

House Bill 480 amended the penalty clause for violation of the license law, by giving to the State License Commissioners the right to suspend a license for such term as they believe merited by the offence. Heretofore the one penalty for any offence against the license law was revocation of the license, forfeiture of the bond, (the bond was twice the amount of the license fee) and exclusion from the business for three years. The amended law will allow the punishment to fit the crime, and suspension of the license will not be cause for action on the bond.

House Bill 505 will impose a fine of $20.00 on the minor misrepresenting his or her age for the purpose of obtaining liquor, or the same fine on any other person who misrepresents the age of a minor for the purpose of obtaining liquor. Heretofore no penalties had been levied on the minor and as a result of no legislation the minor or friends often exacted tribute from a dealer by threat of making complaint of alleged sale.

House Bill 467 removed an amendment to the license law which operated to exclude from possible license premises, locations removed from a public street. It is now optional with the licensing commission to grant a license on a public thoroughfare although legally a private passageway.

Senate Bill 90 gave the Commissioners power, if deemed wise or necessary, to grant to the holders of first class or hotel licenses,

the privilege of selling by the bottle or by quantity up to 47 gallons.

This law can be applied to the advantage of small towns voting license, in that it will permit the licensing of the hotel properties alone without depriving the citizens of the opportunity to obtain liquors in small quantities or for home consumption.

When Senate Bill 90 was sent to the House for concurrence, there were added as amendments, bills abolishing the then existing license commission and creating a new board whose duties are those of the defunct License Commission and the State Liquor agents. Since the adoption of the license law in 1903, the State Board of three appointed that year has been unchanged, succeeding Governors reappointing the members as the terms expired. The board this year was vacated of one member through his elevation to the Supreme Court bench, a second member's term expired automatically and the legislation referred to above, removed the third member. The newly created board holds office for six years, the term of one commissioner expiring every two years. The salary of the members is $2,500 a year and expenses. This board grants licenses throughout the State, hears and passes on all the evidence relative to complaints and has full supervision over and authority in license matters.

There was further added as an amendment to Senate Bill 90, a provision of distinct advantage to the license holders of the State. Under the New Hampshire law, the observation of licensed places is vested in license inspectors. Under the original law, the Board of License Commissioners appointed the Inspectors and the Inspectors reported all complaints to the Board. This arrangement had proved unsatisfactory in many cases, as the opportunity for secret evidence and to prejudice the minds of the Commissioners was always present, in the event that an inspector disliked certain licensees. After listening to the recital of alleged violations as reported by the Inspectors, the License Commissioners would then issue a complaint against the licensee and appoint a date for a hearing, at which time the licensee might present his defense. This procedure was the reverse of common law in that the licensee was adjudged guilty before the complaint was issued, or no complaint would have been issued. Common law adjudges a man innocent until proven guilty, but under the procedure which obtained up to the passage of this amendment, a man was adjudged guilty and then

required to prove his innocence before a tribunal that was complainant, judge and jury and which had passed on the evidence prior to the hearing. A further weakness was the arrangement that provided for the appointment of Inspectors by the Board of License Commissioners.

As the Inspectors were appointees of the Board, their first and natural desire was to please and satisfy the gentlemen who controlled their term of engagement. To make good, it was but logical that they believe complaints must be made frequently against some license holder, as evidence of their industry. Then as the principal witness for the prosecution, it oftimes developed that the testimony given to sustain their allegations was, to state it mildly, somewhat stretched.

Under the amended law, the Governor and Council appoint Inspectors. If violations of the law are observed, they are to be reported to the Attorney General, who, if of the opinion the State has a case against the licensee, will order a hearing before the Board of License Commissioners, which board will then pass on the evidence as presented jointly by the State and defendant.

Of the several bills introduced by request of the licensees' organization of the State, but one suffered defeat, and that by the narrow margin of 8 votes in a house of over 400 members. This defeated bill was a proposed amendment to the law which provided for the intra-State shipment of bona fida and unsolicited orders for liquors, into non-license towns and cities. The proposed amendment was endorsed by many of the substantial citizens of the State, but the preponderance of members of the House from no-license towns and cities resulted in its defeat.

Several proposed amendments introduced by the Anti-Saloon League, intended to apply to no-license territory, failed of passage.

The State Board of License Commissioners had the past year, made several rulings, some of which were arbitrary, but in so far as rulings are not law, it is a current opinion that the rulings expired with the Board.

As

The biennial elections in the towns of the State took place November, 1912, and some gains were made in the license vote. a matter of record, the Anti-Saloon League at its annual meeting, June, 1913, through its Secretary, stated: "We are forced to confess

2

that we have made no gains the past four years," or since the time the licensees of the State organized for self protection.

Under the Pure Food classification the following amendment was passed: Section 4 of Chapter 8, Laws of 1907, being "An Act for preventing the Manufacture or Sale of Adulterated or Misbranded, or Poisonous, or Deleterious Foods, Drugs, Medicines, and Liquors," is hereby amended by striking out the words: "Third. If in package form, and the contents are stated in terms of weights or measures, they are not correctly stated on the outside of the package", and inserting in lieu thereof the following: "Third. If in package form, the quantity of the contents be not plainly and conspicuously marked on the outside of the package in terms of weight, measure, or numerical count: PROVIDED, HOWEVER, that reasonable variations shall be permitted, and tolerances and also exemptions as to small packages shall be established by rules and regulations made in accordance with the provisions of Section 7 of this Act."

It is now indicated by literature circulated by the Anti-Saloon League that at the election in 1914 a determined effort is to be made to repeal the license law. At the present time sentiment is not strong for a return to prohibition.

Nebraska-Lincoln voted recently for license by a considerable majority. Sensational methods of the "dry" advocates helped on the victory.

In the spring elections the "wet" and "dry" forces engaged in a large number of municipal contests. A majority of the towns voted to license saloons. Sunday baseball won wherever it was

made an issue.

The Anti-Saloon League of Nebraska announces that the following measures will be placed before the voters by the initiative method in November, 1914:

To make the ownership of Government liquor licenses prima facie evidence that the ownership is selling liquor. This is a movement intended to stop "boot-legging."

To limit the saloons to not more than one to every 600 population or major fraction thereof, to prohibit county commissioners from granting licenses in country districts, and to prohibit soliciting for liquor sales in "dry" territory.

New Jersey: Measures submitted at the 1913 session of the New Jersey Legislature affecting the brewing industry, and the general liquor trade of the State, numbered forty-nine. Among those passed and approved were:

Limiting the number of licenses to a ratio of one to five hundred of population. Permits transfer from place to place. Limitation does not affect places now licensed. Brewing interests favored this

measure.

The Holy Name Society bill providing for licensing and regulating dance halls. The Anti-Saloon League endeavored to put some “teeth” in the measure by amendment prohibiting the licensing of dance halls where intoxicating liquors are dispensed. Bill passed without amendment.

To permit a license to social clubs having four hundred membership and occupying space of more than six thousand spuare feet in a business building without occupying the entire building.

A bill providing a penalty of imprisonment from thirty days to six months for operating any vehicle over any public street or highway while under the influence of intoxicating liquors.

To amend Curtilage feature of the Bishop's Act and permit the granting of license to a building two hundred feet long under certain conditions. Changing method of measurement from the curtilage of the church or school house to the entrance of the barroom. Passed by both Houses of Legislature, but after a public hearing vetoed by Governor Fielder.

The following bills failed to reach the Governor:

Amending Bishop's Act, permitting sale of liquors after one P. M. on Sunday.

Limiting the number of licenses granted to sell liquors to the ratio of one to one thousand of population and prohibiting any transfers of licenses from place to place.

Local Option to provide that in each city, town, township, borough or village, a special election be held on petition to decide question of selling intoxicating liquors week days and Sundays, or on Sundays afrer one o'clock P. M.

An Anti-Saloon League bill requiring the consent of owners of real estate in the vicinity of premises where it is proposed to sell intoxicating liquors.