The committee on private corporations, to whom was referred A bill to define and regulate the business of pawnbrokers, Respectfully report that they have had the same under consideration, and have directed me to report the same back to the House, without amendment, and recommend that it do pass, and ask to be discharged from the further consideration of the subject. Report accepted and committee discharged. E. K. POTTER, Chairman. The bill was ordered printed, referred to the committee of the whole, and placed on the general order. By the committee on private corporations: The committee on private corporations, to whom was referred A bill to provide for the reorganization of gas light companies, the term of existence of which has heretofore expired or may hereafter expire by limitation of law, and to fix the duties and liabilities of such renewed corporations, Respectfully report that they have had the same under consideration, and have directed me to report the same back to the House, without amendment, and recommend that it do pass, and ask to be discharged from the further consideration of the subject. Report accepted and committee discharged. E. K. POTTER, Chairman. The bill was referred to the committee of the whole, and placed on the general order. MESSAGES FROM THE SENATE. The Speaker announced the following: To the Speaker of the House of Representatives: SENATE CHAMBER, Lansing, May 29, 1889. ( SIR-I am instructed to return to the House the following bill: House bill No. 257 (file No. 110), entitled A bill to amend act No. 35 of the public acts of 1867, entitled "An act to provide for the formation of street railway companies," by adding a new section thereto which shall be known as section 31, And to inform the House that the Senate has amended the same as follows: By inserting in line 3 of section 31, after the proviso therein, the following proviso, viz: "Provided further, that this act shall not apply where cable or other motor cars cross the tracks of other street railways. In the passage of which, as thus amended, the Senate has concurred by a majority vote of all the Senators elect, and by a vote of two-thirds of all the Senators elect has ordered the same to take immediate effect. The question being on concurring in the amendment made by the Senate to the bill, On motion of Mr. Turner, The House concurred, a majority of all the members elect voting therefor, by yeas and nays, as follows: The bill was referred to the committee on engrossment and enrollment for enrollment. The Speaker also announced the following: To the Speaker of the House of Representatives: SENATE CHAMBER, SIR-I am instructed to return to the House the following bill: A bill to provide for the taxation and regulation of the business of manufacturing, selling, keeping for sale, furnishing, giving or delivering spiritnous, intoxicating, malt, brewed, fermented or vinous liquors in this State, to provide for the recovery of actual and exemplary damages (and the forfeiture of leases in certain cases) and to repeal all acts or parts of acts inconsistent with the provisions of this act, And to inform the House that the Senate has amended the same as follows: 1. By striking out of line 10 of section 1 the words "two hundred" and inserting in lieu thereof the words "sixty-five," so that it shall read "sixtyfive dollars." 2. By striking out of line 11 of section 1 the word "eight" and inserting in lieu thereof the word "five," so that it shall read "five hundred dollars." 3. By striking out of line 18 the word "six" and inserting in lieu thereof the word "five," and by adding to the manuscript proviso the words "or to sell any such liquors at any place other than such bar." 4. By striking out of line 20 of section 1 the word "twelve" and inserting in lieu thereof the word "ten," so that it shall read "ten hundred dollars." 5. By striking out all of section 3 up to and including line 134, and inserting in lieu thereof the following: Sec. 3. The penal provisions of this act shall not apply to druggists who sell liquors for chemical, scientific, medicinal, mechanical or sacramental purposes only, and in strict compliance with law. It shall not be lawful for any druggist, nor for any person whose business consists in whole or in part of the sale of drugs and medicines, directly or indirectly, by himself, his clerk, agent or servant, at any time, to sell, furnish, give, or deliver, any spirituous, malt, brewed, fermented, or vinous liquor, or any mixed liquor, a part of which is spirituous, malt, brewed, fermented, or vinous, to a minor, except for medicinal or mechanical purposes, on the written order of the parent or guardian of such minor, nor to any adult person whatever, who is at the time intoxicated, nor to any person in the habit of getting intoxicated, nor to any Indian, or any person of Indian descent, nor to any person when forbidden in writing so to do by the husband, wife, parent, child, guardian, or employer of such person, or by the supervisor of the township, or mayor, or director of the poor, or any supervisor or alderman of the city, or president or trustee of any village, or superintendent of the poor of the county in which such person shall reside or temporarily remain, nor to any other person to be used as a beverage, nor to any person to be drank on the premises, nor to be mixed and drank with any beverage drawn from a soda fountain or other apparatus or device for dis pensing aerated or other beverages; but such druggist shall be allowed to sell said liquors for medicinal, chemical, scientific, mechanical and sacramental purposes only, without the payment of any tax specified in section one, and subject to the following restrictions and conditions: Every such dealer in drugs and medicines shall procure and keep a suitable blank book in which shall be recorded by said druggist, his clerk or employé, the names of all persons applying for such liquor for any of these lawful purposes, the date of each sale, the amount and kind of liquor sold to each person, and the purpose to which the same was to be applied, as stated by the purchaser, which book shall be kept in the store of said druggist, and shall be open to all persons for examination during all business hours; and the failure to keep a record of every such sale, in manner and form as aforesaid, or the delivery of liquor for any purpose other than above named, shall subject such druggist to the penalties provided for in this section: Provided, That such druggist shall, on or before the first day in May in each year, or before commencing business, execute and file with the county treasurer of the county in which he is carrying on such business, a bond, the sufficiency of which shall be determined by the township board of the township, or the board of trustees or the common council of the village or city in which such business is proposed to be carried on, to the people of the State of Michigan, in the sum of two thousand dollars, with two or more sufficient sureties, who shall be freeholders and residents of the county in which such business is proposed to be carried on, each of whom shall justify in a sum equal to the amount of the bond, over and above all indebtedness, and all exemptions from sale on execution, and all liability on other similar bonds, which bond shall be substantially in the following form: Know all men by these presents, that we... as principal and.. ..and.... as sureties are held and firmly bound unto the people of the State of Michigan in the sum of two thousand dollars, to the payment whereof, well and truly to be made, we bind ourselves, our heirs, executors and administrators firmly by these presents. Sealed with our seals and dated this.... day of.... .18.... WHEREAS, The above named principal proposes to carry on the business of a druggist at.. in the county of.......... and state of Michigan; AND WHEREAS, The said principal hath covenanted and agreed, and doth hereby covenant and agree as follows, to-wit: That he will not directly or indirectly, by himself, his clerk, agent or servant at any time sell, furnish, give, or deliver any spirituous, malt, brewed, fermented or vinous liquor, or any mixed liquor, a part of which is spirituous, malt, brewed, fermented or vinous, to a minor except for medicinal or mechanical purposes, on the written order of the parent or guardian of such minor, nor to any adult person whatever who is at the time intoxicated, nor to any person in the habit of getting intoxicated, nor to any Indian, or any person of Indian descent, nor to any person when forbidden in writing so to do by the husband, wife, parent, child, guardian or employer of such person, or by the supervisor of the township, mayor or director of the poor of the city, or superintendent of the poor of the county in which such person shall reside or temporarily remain, and that he will not sell any such liquor to be drank on the premises, nor to be mixed and drank with any beverage drawn from a sodafountain or other apparatus or device for dispensing aerated or other beverages; that he will sell such liquors for chemical, scientific, medicinal, mechanical and sacramental purposes only, and that he will pay all damages, actual and exemplary, that may be adjudged to any person or persons for injuries inflicted upon him or them, either in person or property, or means of support, or otherwise by reason of his selling, furnishing, giving or delivering any such liquors. Now, the condition of this obligation is such that if said principal shall well and truly keep and perform all and singular the foregoing Covenants and agreements, and shall pay any judgment for actual or exemplary damages which may be recovered against him in any court of competent jurisdiction, and all fines and costs that may be imposed upon him for violations of this act, then this obligation shall be void and of no effect; otherwise the same shall be in full force and effect. Signed and sealed in the presence of [L. S.] [L. S.] [L. S.] 6. By striking out section 14 and inserting in lieu thereof the following to stand as section 14: SEC. 14. It shall not be lawful for any person by himself, his clerk or agent, to permit any student in attendance at any public or private institution of learning in this state, or any minor, to play at cards, dice, billiards or any game of chance, in any part of any building in which spirituous liquors or intoxicating drinks are sold; nor shall it be lawful for any person, by himself, his clerk or agent, to sell or give to any student in attendance at any public or private institution of learning in this state any spirituous or intoxicating drinks, except when prescribed by a regular physician for medicinal purposes; it shall not be lawful for any person to allow any minor to visit or remain in any room where such liquors are sold or kept for sale unless accompanied by his or her father or other legal guardian. Any person who shall offend against either of the foregoing provisions of this section shall be deemed to have been guilty of a misdemeanor, and on conviction thereof shall be punished as provided in section seven of this act. 7. By striking out of lines 14, 15, 16, 17 and 18 of section 19, the words "any sale or gift of any such liquor by the lessee or occupant of any premises, resulting in damages, shall, at the option of the lessor, work a forfeiture of the lease, and the circuit court in chancery may enjoin the sale, giving way or furnishing, of any such liquors, by any lessee or occupant of the premises, which may result in loss or damage or liability to the lessor or any person claiming under such lessor." 8. By striking out of line 10 of section 25 the words "and shall be imprisoned," and inserting in lieu thereof the words "or imprisonment," and by adding to the end of line 11 the words "or both, in the discretion of the court." 9. By striking out section 31 and inserting in lieu thereof the following to stand as section 31: Sec. 31. During the time when by the provisions of this act places where liquor is sold or kept for sale must be closed, all curtains, screens, partitions and other things that obstruct the view from the sidewalk, street, alley, or road in front of or at the side or end of said building, or the bar or place in said room where said liquors are sold or kept for sale, shall be removed. Any person who shall violate any of the provisions of this section, shall, upon conviction thereof, be punished as provided in section seven of this act. And further to inform the House that the Senate has amended the title to the bill so as to read as follows: By striking out the words "and the forfeiture of leases in certain cases." In the passage of which as thus amended, and with the title as thus amended, the Senate has concurred by a majority vote of all the Senators elect, and by a vote of two-thirds of all the Senators elect has ordered the same to take immediate effect. The question being on concurring in the amendments made by the Senate to the bill, On motion of Mr. Damon, The bill was laid on the table, And the bill, as amended, was ordered printed at length in the Journal. The bill is as follows: House bill No. 126 (file No. 292), entitled A bill to provide for the taxation and regulation of the business of manufacturing, selling, keeping for sale, furnishing, giving or delivering spirit uous, intoxicating, malt, brewed, fermented or vinous liquors in this State, to provide for the recovery of actual and exemplary damages and to repeal all acts or parts of acts inconsistent with the provisions of this act. SECTION 1. The People of the State of Michigan enact, That in all townships, cities, and villages of this state there shall be paid annually upon the business of manufacturing, selling, or keeping for sale by any person, firm or corporation whose business in whole or in part consists in manufacturing, selling, or keeping for sale spirituous or intoxicating, malt, brewed, fermented, or vinous liquors, or any mixed liquors, or any compound which in whole or in part. consists of spirituous, malt, brewed, fermented, or vinous liquors, excepting proprietary patent medicines, the following tax : Upon the business of manufacturing spirituous or intoxicating liquors, and selling the product of such business at wholesale only, one thousand dollars; Upon the business of manufacturing brewed, malt, or fermented liquors and selling at wholesale only the liquors manufactured, sixty-five dollars; |