"It is made my special duty to call your attention to infractions of the liquor laws of the State, and to direct you to investigate such cases and indict where you have or can obtain sufficient proof to warrant an indictment. Since the last term of this court the law, on this subject, has been changed by the adoption of a constitutional amendment, commonly known as the Prohibitory Amendment. This amendment was adopted and went in force at the close of the special election of June 27, 1882, since which date it has been unlawful to sell beer and wine the same as any other intoxicating liquors. There seems to be a diversity of opinion in the profession as to the effect of the adoption of that amendment, and the proper practice arising under the law since the amendment was in force. It is my duty to advise you on this question in the first instance, and upon a very careful consideration of the subject, I have concluded that since June 27th last, it is not only unlawful to sell beer and wine, but the sale or keeping for sale these varieties of intoxicating liquors is subject to the same penalties as the sale or keeping for sale other liquors. The statute by its terms originally prohibited and now prohibits in terms the traffic in all intoxicating liquors. After the statute went into effect the legislature incorporating a proviso by which beer and wine were excepted from the operation of the law. By the adoption of the constitutional amendment this proviso and exception were abrogated and set aside, and now the law stands in full force against the excepted liquors as well as all other intoxicating beverages. The repeal of the exceptional provisions can, in my opinion, only operate to bring the excepted liquors under the condemnation of the law, and the amendment of the constitution has the same effect, I think, as would a legislative act repealing the exceptional clause. So you are directed to bring in indictments against all persons who have been engaged in selling or keeping for sale in any place or building in the county, any intoxicating liquors, including ale, wine and beer, but as to ale, wine and beer, only since June 27th, last.—(Aug. 23, 1882.)
THE CLARKE BILL BOILED DOWN.
1. Action for injunctions shall be brought by the district or county attorney. If he refuses, then by any citizen. General reputation of a place shall be accepted as evidence.
2. Temporary injunctions shall be granted by judges in court or vacation without bond.
3. The violator of an injunction is liable to summary punishment under the laws of 1884.
4. The penalty on conviction of keeping a nuisance is a fine of $300 to $1,000, and the defendant cannot purge himself under the poor debtor's act.
5. A nuisance may be abated by removing all fixtures from the