Henderson daily dispatch., July 13, 1935, Page PAGE TWO, Image 2

About Henderson daily dispatch. (Henderson, N.C.) 1914-1995

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PAGE TWO
TOURISTS LOSE TO
SCOTLAND NECK, 6-2
Played Oxford Today and
Will Meet Danville Team
Sunday at 3:30
Pahlman’s Tourists struck a detour
on their winning journey yesterday in
Scotland Neck when Gilbert weaken
ed in the eighth inning, allowing four
runs and Scotland Neck won 6-2 over
the locals.
(The Skipper brought his charges
back home today for a contest in the
Central State League. Oxford, the an
cient rivals furnishing the opposition.
He expected his charges to carry
through to a victory behind the pitch
ing of Edwards, former Aycock hurler.
Sunday afternoon at 3:30 o’clock, the
Touiists will take on the Herculean
Club of Danville. Va.. in what should
be a fast contest, the visitors having
a fine rating as a ball club in south
western Virginia.
Beginning today admisison price
for the games dropped back to last
year's fare, 10 cents under the price
charge this year. The same high
class baseball will be seen.
FATS. LEANS ARE TO
CLASH ON DIAMOND
Game Carded Wednesday
As Part of Twin Program
With Ca-Vel Here
Adjutant Joseph Willett stated to
day that arrangements were being
made for a baseball game between
the “Fats” and “Leans” to be played
here next Wednesday when Hender
son tangles with Ca-Vel in the Cen
tral State League
The game is being sponsored by
the local po§t of the Salvation Army.
E. G. Glenn will captain the "Fats”
with D. D. Hocutt as leader of the
“Leans.”
A good crowd is expected to wit
ness the contest, the Salvation Army
getting a percentage of the proceeds,
ft was said
| StatK^atSl
PIEDMONT LEAGUE
Club W. L. Pet.
Wilmington 5 2 .814
Richmond 7 3 .700
Portsmouth 7 3 .700
Norfolk 4 5 .444
Charlotte 2 6 .250
Asheville 17 .125
AMERICAN LEAGUE
Club: VV. L. Pet.
New York 47 26 .644
Detroit 48 30 .615
Chicago 40 31 ,536
Cleveland 38 35 .521
Boston 40 37 .519
Philadelphia 31 41 .431
Washington 31 44 .413
St. Louis 21 52 .288
NATIONAL LEAGUE
Club! W. L. Pet.
New York 50 21 .704
St. Louis 43 29 .597
Chicago 42 32 .568
Pittsburgh 41 36 .532
Brooklyn 33 39 ,458
Cincinnati 33 42 .440
Philadelphia 32 41 .438
Boston 21 55 .276
Todaf^pnies
/ , PIEDMONT LEAGUE
WflnniJiigten at Richmond.
Portsmouth at Asheville
Charlotte at Norfolk.
AMERICAN LEAGUE
St. Louis at Washington.
Detroit at Philadelphia.
Chicago at New York.
Cleveland at Boston.
NATIONAL LEAGUE
New York at Pittsburgh.
Brooklyn at Cincinnati.
Boston at Chicago.
Philadelphia at St. Louis.
PIEDMONT LEAGUE
Richmond 9; Washington 7.
Charlotte 13; Norfolk 8.
Portsmouth 3; Asheville 2.
AMERICAN LEAGUE
Detroit 2; Washington 1.
Chicago 13; Boston 2.
New York 5; Cleveland 2.
Philadelphia 9; 'St. Louis 0.
NATIONAL LEAGUE
No games played.
Nine New Highway
Projects Included
In Next Lettings
Raleigh. July 13.—Nine new high
way construction projects, aggregat
ing about $395,000, will be let in the
next highway letting called for July
23, W. Vance Baise, chief highway
engineer of the State Highway and
Public Works Commission, announced
today. These projects are located in
Beaufort, Nash, Edgecombe,, Wake,
Davidson, Rockingham, Lincoln, Jack
son and ’ Transylvania counties. The
Beaufort county project is grading,
structures and crushed stone surfac
ing on a county road southeast out
fit Washington.
nSwSESDN, IN. CJ DAILY D33E5K3?, SATURDAY, JTJLYT&; 1988.
ALCOHOLIC BEVERAGES CONTROL ACT
Governing the Sale of Alcoholic Beverages In Vance County, N. C.
Chapter 493 Public Laws of North Carolina, 1935
H. B. 1491
AN ACT TO EXEMPT PASQUO
TANK COUNTY FROM THE PRO
VISIONS OF ARTICLE EIGHT OF
CHAPTER SIXTY-SIX, VOLUME
THREE. OF THE CONSOLIDAT
ED STATUTES. KNOWN AS THE
TURLINGTON ACT AND TO SET
UP AN ALCOHOLIC CONTROL
BOARD FOR THE COUNTY OF
PASQUOTANK.
The General Assembly of North Caro
lina do enact:
SECTION 1. That the provisions of
Article eight of Chapter sixty-six Vol
ume three, of the Consolidated Sta
tutes of North Carolina, known as the
Turlington Act, shall not apply to Pas
quotank County. Carteret County, Cra
ven County. Onslow County Pitt
County, Martin County, Beaufort
County, Halifax County, Franklin
County. Wilson County, Edgecombe
County. Warren County. Vance Coun
ty, Lenoir County, Rockingham Coun
ty Nash County and Greene County.
•SEC. 2. That there is hereby creat
ed a county liquor commission to be
known and designated as the Pasquo
tank County Alcoholic Beverages Con
trol Board. In Carteret County, de
scribed in Section one hereof, there is
hereby created a County Liquor Com
mission to be known and designated
in said county by its name Carteret
County Alcoholic Beverages Control
Board. The board in said county
shall consist of three members and
except Pasquotank County, in which
the method of selecting said board
and the members thereof, as fully set
forth in Section two hereof, shall
serve for a term of four years and be
appointed in the following manner:
The Board of Commissioners in Car
teret County shall appoint the mem
bers of the County Alcoholic Bever
ages Control Board in said county.
The Pasquotank County Alcoholic
Beverages Control Board shall consist
of three members, one of whom shall
be chairman and the persons com
posing said board for the first term
hereinafter mentioned shall be W. D.
Glover, chairman, F. G. Jacocks and
Marvin Lister, and their successors
to or vacancies in said board shall be
appointed by th“ city council of Eliza
beth City, North Carolina, and one
by the Board of Commissioners of
Pasquotank County. In the remaind
er of said counties, described in Sec
tion one hereof, there is hereby creat
ed a County Liquor Commission to be
known and designated in each of said
counties by their respective names,
the Pitt County, Beaufort County,
Martin County. Lenoir County, Greene
County, Warren County, Vance Coun
ty, Halifax County Craven County,
Wilson County, Franklin County, and
Nash County Alcoholic Beverages
Control Board. The board in each of
said counties shall consist of three
members, and, except Pasquotank
County, in which the method of select
ing said board and the members there
of is fully set forth in Section two
hereof, shall serve for a term of four
years and be appointed in the follow
ing manner viz.: The Board of Com
missioners of each of said counties
shall appoint the members of the
County Alcoholic Beverages Control
Board in their respective counties,
with the exception of Halifax County,
in which the board shall consist of
three members, one of whom shall he
chairman and the persons composing
said board for the first term, herein
after mentioned, shall be R. Hunter
Pope. B. B. Everett, and W. A. Thorne
and their successors to or vacancies
in said board shall be appointed by the
board of commissioners of Halifax
County. The term of the members
above named and to be appointed as
herein provided shall be for four
years and their successors shall be
elected as above provided for a term
of four years. The members of the
Pasquotank County Alcoholic Bever
ages Control Board shall give bond
for the faithful performance of their
duties to the City of Elizabeth City
and the County of Pasquotank in the
sum of five thousand' dollars each,
which bond as to form and execution
shall be approved by the county attor
ney. The County of Pasquotank and
the City of Elizabeth City shall pay
the pro rata cost of said bonds of
members of the board, on the basis
of their taxable wealth. The main
office of the board shall be located in
Elizabeth City. The members of the
respective boards in each of the coun
ties described in Section one hereof,
except in Pasquotank County, which
is specifically hereinabove provided
for, shall give bond for the faithful
performance of their duties to each of
their respective counties, in the sum
of Five Thousand Dollars ($5,000.00)
each which bond as to form and exe
cution shall be approved by the county
attorney. The main office of each of
several respective boards shall be lo
cated in the county seat of the re
spective counties described in Section
one hereof.
iSEC. 3. The said board shall have
complete control and jurisdiction
over the importation, transportation,
sale and distribution of alcoholic bev
erages within Pasquotank County and
shall have the exclusive power to buy
in the manner hereinafter set forth,
have in its possession and sell in its
own name, all alcoholic beverages dis
tributed within Pasquotank County.
The board shall adopt rules and regu
lations governing the carrying out of
this Act and any supplemental acts,
which said regulations shall have the
force and effect of law. All rules and
regulations promulgated by the board
shall be published in pamphlet form
and supplied to the public on request
The said board shall have the right to
transport into the State of North
Carolina for the purpose of sale by
it any alcoholic beverage from any
other State in the Union.
SEC. 4. No member, officer, agent
or employee of the board shall directly
or indirectly individually or as a mem
ber of a partnership or of an associa
tion, or as a member or stockholder
of a corporation, have any interest
whatsoever in the manufacture of or
in the dealing in alcoholic beverages,
or in any enterprise or industry in
which alcoholic beverages are requir
ed, or receive any commission or p - o
fit whatsoever from, or have any inter
est whatsoever in the purchase of or
sale of alcoholic beverages by the
board, or by any other person what
soever, or have any interest in or
mortgage on any land or building
where alcoholic beverages are manu
factured for sale, kept for sale, offer
ed for sale, or sold or any persoaal
property used therein, or in any con
tract other than this contract of em
ployment made with the board.
SEC. 5. The chairman shall re
ceive a salary of fifty dollars per
month and each of the members shall
receive a salary of seven dollars and
fifty cents per day for the time actu
ally engaged in the performance of
their duties as a member of the board.
They shall receive their actual ex
penses incurred in the performance
of their official duties in addition to
the amounts above prescribed.
SEC. 6. No member of the board
may be sued civilly for doing or omit
ting to do any act in the performance
of his duties as prescribed by this
Act, except by the County of Pasquo
tank or the City of Elizabeth City, in
Pasquotank County, and by the coun
ties in which each of the remaining
respective boards are operating, and
then in the courts.
SEC. 7. Each member of the board
before entering into the duties of his
office shall file with the chairman of
the board of commissioners of Pas
quotank County and the council of
Elizabeth City his oath of office to
support the Constitution and the laws
of the United States and the State of
North Carolina.
SEC. 8. All monies collected by
the Pasquotank County Alcoholic
Beverages Control Board shall be paid
directly and promptly into a deposit
ory designated by the board of com
missioners of Pasquotank County and
the council of the City of Elizabeth
City without any deductions on ac
count of salaries fees, costs, charges,
expenses, refunds or claims of any
description whatsoever. All monies
collected by the board in each of the
respective counties, in other than
Pasquotank County, shall be paid di
rectly into a depository, designated by
the Board of Commissioners of each
of said respective counties, without
any deduction on account of salaries,
fees costs, charges, expenses, refunds,
or claims of any description whatso
ever. Which sums shall be paid out
on warrants issued and drawn in the
manner required by the boards of
commissioners in each of said coun
ties described in Section one hereof.
The salary of the disbursing agent,
and the amount of his bond shall be
fixed by the board of commissioners,
in each of said respective counties, the
compensation, however, to be propor
tionate to the amount of work requir
ed to be done by said disbursing agent.
All monies so paid into the said de
pository shall be set aside and consti
tute a special fund for the payment
of the salaries and remuneration of
the members, officers, agents and em
ployees of the board and all costs and
expenses incurred in the establishing
and maintaining of county stores, pur
chasing stocks therefor and in the
administration of the provisions of
this Act, and are hereby specifically
appropriated for such purposes, to be
paid out on warrants issued and sign
ed by the person designated by the
board of county commissioners and
the council of the City of Elizabeth
City to issue such vouchers, and the
board of county commissioners and
the council of the City of Elizabeth
City are hereby directed to promptly
name such persons as disbursing
agent, to fix his salary and such bond
as they shall deem necessary.
SEC. 9. The board is hereby auth
orized to employ such clerical and
other assistants may be necessary
to carry oht . the provisions of this
Act and to stipulate the
paid, and the board is authorized to
purchase and contract for particular
kinds of beverages in amounts, kinds
and brands designated by the said
board and quantities contracted for
shall be in the discretion of the said
board.
SEC. 10. The functions, duties
and powers of the hoard shall include
the following:
(a) To purchase, import, transport,
receive, sell, deliver, and have in its
possession for sale for present and
ifuturte delivery alcoholic beverages
in the manner set forth in this Act.
(b) To purchase or lease upon ihe
approval of the board of county com
missioners of each of said counties de
scribed in Section one hereof, prop
erty, furnish and equip buildings,
rooms and accommodations as shall
be required for office space and stor
ing alcoholic beverages for distribu
tion to county stores; to rent and us a
rooms, accommodations and real es
tate for the purpose of retail sale of
alcoholic beverages offered for sale
in all localities permitted by the pro
visions of this Act.
\(c) To borrow sums of money
guarantee the payment thereof and
of the interest thereon by the trans
fer or pledge of goods, or in any other
manner required or permitted by law
within the limitations herein pre
scribed; to issue, sign, endorse and
accept checks, promissory notes, bills
of exchange, and other negotiable in
struments; to investigate and aid in
the prosecution of every violation of
this Act, demand seizure of alcoholic
beverages sold, kept imported or
transported in contravention thereof,
and apply for the confiscation thereof
whenever required by this Act, and co
operate in the prosecution o 0
ers before any court of competent
jurisdiction.
(d) To make such regulations as
are necessary and feasibly for cany
ing out the provisions of this Act and
to amend or repeal such regulations.
Such regulations shall include provi
Published by order of the Vance County Alcoholic Beverages Control Board
sions for assuring purity of alcoholic
beverages and the true statement of
its contents and the proper labeling
thereof with regard to all forms of
sale. *
(e) To control, regulate, and pro
hibit any advertising by manufactur
ers. wholesalers, retailers of alcoholic
beverages by the medium of newspap
ers letters, billboard, radio or other
wise. .
(f) To exercise all other powers,
duties and functions conferred by this
Act, and all powers incidental, conven
ient or necessary to enable it to ad
minister or carry out any of the pro
visions of this Act.
(g) To license the use of alcohol
for scientific, pharmaceutical and in
dustrial purposes and to provide by
regulation for the withdrawal thereof
from warehouses, denaturing plants,
and prescribe the manner in which
the same may be used for scientific
research for hospitals and sanato
riums, in industrial plants and for
other manufacturing purposes, tax
free.
SEC. 11. The board shall have the
power to and shall fix the prices at
which alcoholic beverages containing
over five per centum of alcohol by
weight may be purchased from it.
SEC. 12. The board shall establish
such stores and warehouses in such
places in the county as in its judg
ment are required by public conven
ience or necessity for the sale of
spirituous liquors, wines, and other
alcoholic beverages containing over
five per centum of alcohol by weight,
in sealed containers not less than one
pint in size, for consumption off the
premises only and shall keep on hand
in such stores or warehouses estab
lished by it such quantities and kinds
of alcoholic beverages as shall reason
ably be required to supply the public
demand. Any person qualified to pur
chase such beverages from said board
as hereinafter provided shall have the
right to present to the board or to any
of its stores an application for any
kind or brand of such alcoholic bev
erage which he may desire and which
may be manufactured or obtainable in
any place in the United States, and
it shall be the duty of the board to
obtain for and sell to such applicant
such alcoholic beverage: Provided,
however, that such person shall de
posit in cash the required amount ne
cessary to purchase such particular
kind or brand of alcoholic beverage as
may be requested to be purchased by
such person. The said stores shall be
closed on Sundays, election days and
days established as legal holidays, and
on week days between six o’clock p, m.
and nine o’clock a. m
The advertising of the sale of alco
holic beverages by the board or win
dow displays in its stores hereby are
expressly prohibited except that the
board may provide for appropriate
signs on windows or front denoting
the fact that it is a store of the Pas
quotank County Alcoholic Beverage
County Board, and may post within
such stores appropriate price lists and
may otherwise provide for printed
lists.
No person, firm or corporation shall
purchase or import into the counties
described in Section one of this Act,
except in the manner herein speci
fied, for resale, any alcoholic bever
age containing over five per centum
of alcohol by weight, from any source
except from or through the board
and any person so'purchasing or im
porting alcoholic beverages in viola
tion of this Section shall be subject
to the penalties hereinafter provided
for: Provided, however that this pro
vision shall not prohibit an individual
entering the State from having in his
possession not to exceed four quarts
of alcoholic beverages. In addition
thereof (thereto), any person, firm or
corporation so convicted shall forfeit
the alcoholic beverage so purchased
or imported, to the board, and the
board shall seize the, alcoholic bever
ages so forfeited, which then shall be
come the property of the board.
SEC. ; 13. Management of Stores.
Every v county retail control store
shall be conducted by a person ap
pointed by the board as provided by
this Act who shall be known as the
“Manager” and who shall, under the
directions of the board be responsible
for carrying out the provisions of this
Act and the regulation adopted
by the board under this Act as far as
they relate to the conduct of such
store.
SEC. 14. The board shall adopt an
official seal for its use under the pro
visions of this Act. The copy of the
official seal as prescribed herein shall
be attached in a conspicuous place to
all packages to be sold at retail.
SEC. 15. In the event the board
shall find the operation of any county
store estbalished under this Act to be
unprofitable or in the event it shall
appear to the satisfaction of the board
that the operation of any established
county store in any community fails to
serve the purposes of this Act, and
fails to promote law enforcement,
the said board in its discretion may dis
continue the operation of such store
after thirty days notice posted in the
said store and two other public places
in the town or county in which said
store is operated; and if, in the opinion
of the board, one store is inadequate
to handle the trade in any city locat
ed in said county, it shall have the au
thority to open an additional store or
stores.
SEC. 16. In order to carry the pro
visions of this Act into effect, county
commissioners are authorized and di
rected to advance from the general
fund of said county such sums as
may from time to time be necessary
to purchase stocks fixtures and
equipment, and to provide operating
capital and expenses to carry out the
provisions and enforcement of this
Act.
•SEC. 17 That all monies derived
from the sale of alcoholic beverages
under the provisions of this Act shall
be placed in a special fund in the de
pository and designated as the alco
holic beverage fund, and out of such
fund as the same may accumulate
from time to time there shall be paid
back to the general fund out of the
profits which may arise all moneys
which may have been expended out of
the expenditures authorized in Sec
tion sixteen of this Act; and all pro
fits in excess of the sums necessary
to fully repay the expenditures
made as above described, and carry
the necessary stocks of alcoholic bev
erages for the purposes of sale and
costs of operation shall remain in said
alcoholic beverage fund for distribu
tion as hereinafter provided.
The profit arising from the sale of
alcoholic beverages the terms
of this Act shall be determined upon
a basis of the profits of each individ
ual store or unit operated under the
provisions of this Act. and on the first
days of January, April July and Oc
tober of each year such store or unit
shall be audited by an auditor desig
nated by the city council of the city of
Elizabeth City and the board of coun
ty commissioners in Pasquotank
County, and in the remainder of said
counties by the board of commis
sion of each of the respectve coun
ties described in Section one hereof
who shall determine ' the profit of
each unit" as of the dates above set
forth; and in Pasquotank County the
profit so determined shall be paid to
the county of Pasquotank and the City
of Elizabeth City in proportion as the
taxable value of the City of Elizabeth
City bear to the taxable value of the
remaining part of Pasquotank County,
and in the remainder of said counties
described in Section one hereof the
profits so determined shall be paid to
each of the several respective coun
ties described in Section one hereof;
Provided, however, that before said
distribution is made a sum equal to
five per cent of said profits shall be
set aside for the enforcement of this
Act.
SEC. 18. The manager of each lo
cal liquor store shall operate said
store under the following provisions:
(a) Shall sell only at retail such
alcoholic beverages as shall be fur
nished him by the county alcoholic
control board and at such prices as
the county alcoholic control board
shall direct.
(b) Shall perform any other acts
required of him by this Act and as
required by the county alcoholic con
trol board, not inconsistent with the
provisions hereof.
(c) Shall open said stores after
nine o’clock in the morning and close
them at six o’clock p. m., unless other
wise ordered by the board.
(d) Shall not sell alcoholic bever
ages to minors or to any person con
victed of being a liquor addict.
(e) Shall not sell alcoholic liquors
to be drunk upon the premises nor
permit the same to be drunk upon the
premises.
(f) All county stores shall close
on legal holidays and election days,
SEC. 19. Managers and or em
poyees of county storejs may in their
discretion refuse to sell alcoholic bev
erages to individual applicants; and
may refuse to sell to any one purchas
er an amount in excess of one quart
in any one day regardless of the
amount applied for.
Manufacture, possession for sale, or
sale of illicit liquors is hereby pro
hibited and such manufacture, pos
session for sale, or sale shall consti
tute a misdemeanor and shall be pun
ished by a fine of not more than five
thousand dollars or imprisonment for
not more than two years, or bolt..
Violation of the administrative fea
tures of this Act by any store man
ager or employee shall constitute a
misdemeanor, subject to dismissal
from service and may be punished by
the court as a misdemeanor.
If any person shall take a drinl. of
alcoholic beverages or shall tender
such a drink, whether accepted or not
at the place of purchaser, or on any
public road or street, he shall be guilty
of a misdemeanor.
SEC. 20. No person under the age
of twenty-one years shall knowingly
and falsely represent himself to be
twenty-one years of age to a manager
or employee of a county store for the
purpose of purchasing any alcoholic
beverages as defined in this Act. A
violation of the provisions of this Sec
tion shall constitute a misdemeanor.
SEC. 21. All houses, boathouses,
buildings tents, clubs, fraternity and
lodge rooms, boats and places of every
description including drug stores,
where alcoholic beverages are manu
factured, sold, dispensed, or used con
trary to law by any scheme or device
whatever shall be held, taken, and
deemed common nuisances. Any per
son who sljall maintain, or who shall
aid or abet or knowingly be associat
ed with others in maintaining such
common nuisance shall be guilty of a
misdemeanor, punishable by a fine
not exceeding five hundred dollars, or
imprisoned not exceeding six months
and judgment shall be given, 4hat such
house, building, tent, boathouse, car,
or other place, or any room or part
thereof be closed up but the court
may upon the owner giving bond in
the penalty of not less than five hun
dred dollars and with security tb be
approved by the court, conditioned
that the premises shall not be used for
unlawful purposes, or in, violation of
the provisions of this Act for a period
of five years turn the same over to
its owner, lessee, or person in pos
session .
SEC. 22. The board, duly authoriz
ed agents of the board, the State
solicitor or any citizen of the county,
city, or town where such a nuisance
as is defined in Section twenty-four
of this Act exists, or is kept or main
tained, may, in addition to the reme
dies given in and punishment imposed
by this Act, maintain an action in the
name of the State to abate and per
petually to enjoin the same. The Su
perior Courts shall have jurisdiction
thereof and in every case where the
complaint charges, on the knowledge
or belief of complainant, and is sworn
to by two reputable citizens, that
alcoholic beverages are manufactur
ed. sold dispensed, or used in any
house, building, boathouse, club-room,
fraternity room, lodge room hotel,
boarding house apartment houso, lodg
ing house, boat, tent, or place con
trary to the laws of this State; an
injunction shall be granted as soon as
the complaint is presented to the Su
perior Court judge in term or in vaca
tion. The injunction shall enjoin and
restrain the owners tenants, their
agents employees, servants, and any
person iohnected with said houses,
building, or other place named in this
Section, and all persons whomsoever
from manufacturing, selling, dispens
ing, or using alcoholic beverages in
said house building, boathouse, club
room, fraternity room, boat, tent, or
other place named in this Section and
shall also restrain all persons from
removing any alcoholic beverages
then on said premises until the fur
ther order of the Court. Upon the
hearing of the cause when it shall
have been matured, and set for hear
ing as required by law, upon Reposi
tion of witnesses documentary and
oral evidence, if the judge shall be
satisfied that the material allegations
of the complaint are true, although
the premises complained of may not
then be unlawfully used, it or he shall
continue the injunction against such
house, building, or place for such per
iod of time as the court may think
proper, with the right to dissolve the
injunction upon the application of the
owner lessee or person in possession
of such house, building, or place if a
proper case is shown for dissolution.
SEC. 23. All managers of county
stores and all employees hereunder
serving in any fiduciary capacity shall
enter into bonds conditioned upon
the faithful performance of their du
ties in such amounts as shall be fixed
by the county alcoholic beverage con
trol board and said bonds shall be in
a form to be approved by the chair
man of the board of county commis
sioners.
SEC. 24. Nothing herein contained
shall be construed so as to permit
the manufacture of alcoholic bever
ages in North Carolina except in such
manner as is now prescribed by law.
SEC. 24 1-2. Provided, that this
Act shall not become effective until
approved by a majority vote of the
qualified voters of Fasquotank, Pitt.
Beaufort, Martin Halifax, Edge
combe, Carteret, Craven, Onslow, Wil
son, Greene Lenoir, Warren, Vance,
Franklin, and Nash counties partici
pating in an election to be held in
said counties upon the call of the
board of county commissioners of said
respective counties to be held within
sixty (60) days from the ratification
of this Act, the same to be held under
the same laws, rules and regulations
as govern the election of members of
the General Assembly, and at said
election those who favor said control
Act shall vote a ballot on which shall
appear the words “For Control Act ”
and those opposed shall vote a ballot
on which shall appear the words
"Against Control Act” and the Coun
ty Board of Flections of each of said
counties shall provide said ballots and
conduct said election, and canvass
the returns as provided by law in
General Elections: Provided, further,
that this Act shall become effective in
the counties described in Section one.
if and when ratified by a majority of
the qualified voters voting in said
election in each of said counties. Pro
vided that the elections herein pro
vided for as to counties shall not be
held in any county unless and until
called by the board of county commis
sioners of that county and nothing
herein contained shall be construed as
compelling the board of county com
missioners to call such an election
and the provisions of this Act as to
the repeal of the Turlington Act shall
not apply until such an election shall
be held and determined as provided
herein.
SEC. 24 3-4, Wherever the word
"board” is used in this Act, it shall be
construed to mean the plural or the
singular and to refer to the board or
boards in each or all of said counties
as the necessity of such construction
and interpretation shall demand, in
order to effectuate the true intent and
purposes of this Act.
SEC. 25. All laws or parts of laws
inconsistent with the provisions of
this Act are hereby repealed.
SEC. 26. If any sections of this
Act should be deemed unconstitution
al such unconstitutionality shall not
affect other sections of this Act.
ISEC. A. Should a majority of the
qualified voters at the election herein
provided for vote in favor of the sale
of liquor under the provisions of this
Act, the board herein named for the
enforcement of this Act and to pro
vide for the sale of liquor shall estab
lish and maintain a store for the sale
of liquor under the provisions of this
Act in Southern Pines in the County
of Moore when a petition requesting
such establishment shall be present
ed to such board signed by a majority
of the qualified voters of McNeills
Township in Moore County; and shall
likewise establish and maintain a store
for the sale of liquor under the pro
visions of this Act in Pinehurst in
Moore County when a petition request
ing such establishment shall be pre
sented to such board signed by a ma
jority of the qualified voters of Min
eral Springs Township in Moore Coun
ty. The finding by such board that
such petition in either case is signed
by a majority of such qualified voters
shall be conclusive of such fact.
SEC. 27. This Act shall be in full
force and effect from and after its
ratification.
In the General Assembly, read three
times, and ratified, this the 11th day
of May, A. D., 1935.
A. H. GRAHAM.
President of the Senate.
R. G. JOHNSON,
Speaker of the House of
Representatives.
Examined and found correct:
B. 6. HURLEY.
For Committee'.