Chap. 15.—An ACT to provide for the calling and hoiding of an election
upon the question of prohibiting the manufecture for sale and the sale
of intoxicating liquors, to prescribe for qualification of voters in said
election, to declare the effect of the result of such election, and to pro-
vide penalties for the violation of the provisions of this act. (H. B. 2.)

Approved February 18, 1914.

1. Be it enacted by the general assembly of Virginia, That
whenever such of the voters of the State, as shall be equal
in number to one-fourth of the number of the persons voting
at the preceding regular November election in this State for general
State officers shall petition the governor, as provided in this act,
for an election in this State on the question of prohibiting the
manufacture for sale and the sale of intoxicating liquors in this
State, the governor shall, within ten days after the receipt of a cer-
tificate from the secretary of the Commonwealth, showing the filing
of such petition, and not less than sixty days before the fourth
Tuesday in the month of September, nineteen hundred and four-
teen, issue a writ of election, calling an election to be held under
the provisions of this act on the fourth Tuesday in the mouth of
September, nineteen hundred and fourteen. Said writ shall be di-
rected to the sheriffs of the counties and to the sergeants of the
cities and towns of the State whose duty it. shall be to forthwith
post a notice of said election at each voting precinct in each of
the counties, cities and towns, of the State, respectively.

The governor shall give notice of said election to the officers
charged with the duty of conducting elections throughout the State,
which notice shall be given by a proclamation of the governor,
which he shall cause to be printed at least once a week for three
consecutive weeks in at least ten newspapers of general circulation
published in various sections of the State. Said elections shall be
held and conducted as other elections are held and conducted, and
the necessary expenses of the same paid as provided by general law.

2. The ballots to be used in said elections shall be prepared and
furnished by the regular election officials and on each ballot shall
be printed in separate lines the following words: “For state-wide
prohibition” and “against state-wide prohibition” and shall in ali
other respects conform to the general law.

The said election shall not be held at the same time that any
other election is held.

The manner of receiving and canvassing the ballots, and making
returns and abstracts thereof, shall conform in all respects to the
requirements of the general election law, except that the certificate
of the judges as to the result of the election upon this question
at each of the voting precincts of the State shall be as follows:

“We hereby certify that at the election held on the.............
day Of. .ccssvissewieees » nineteen hundred and...............
wees votes were cast for state-wide prohibition, and
votes were cast against state-wide prohibition.

EL F.,
A. B., G. H.,
C. D., J.K.,
Clerks. Judges.”

3. The proper official canvassers of general election results shall
canvass these returns in like manner as other election returns, and
they shall certify the number of votes cast for and against state-
wide prohibition, respectively, in each county, city and town, as
the case may be, respectively, and said canvassers shall file their
said certificates in the office of the clerk of the circuit court of the
county, in the case of a county or town, and in the office of the
clerk of the corporation court in the case of a city, as the case may
be, and shall forward at once by registered mail to the secretary of
the Commonwealth, a duplicate copy their said certificate, and the
secretary of the Commonwealth shall, within fifteen days from the
date of the said election or soon thereafter as he shall obtain said
returns make and certify to the governor a statement showing the
total number of votes cast for and against state-wide prohibition,
respectively, and upon receipt of this statement the governor shall
forthwith issue a proclamation declaring the result of the election
and calling attention to its effect under this act.

4. The qualifications of voters at any election held under this
act shall be such as are prescribed for voters by the general law.
Provided the following persons only shall be qualified to vote at
such election, namely: All persons who were qualified to vote at
the regular November election, nineteen hundred and thirteen, and
all other persons, who are otherwise qualified and have personally
paid, at least six months prior to the second Tuesday in June of
the year nineteen hundred and fourteen, all State poll taxes assessed
or assessable against them during the three years next preceding
the year of nineteen hundred and fourteen; and all such other per-
sons who shall become of lawful age at a time when no capitation
tax was assessable against them for the year nineteen hundred and
thirteen, and shall thereafter register by reason of becoming of
jawiul age prior to the date herein hxed for the nolding Of sala
election.

5. Petitions for the calling of an election under this act shall
be substantially in the following form:

To his excellency, the governor of Virginia:

The undersigned petitioners, each of whom hereby declares that
he is a qualified voter of the State of Virginia, and that he has
not within the past ninety days signed any other similar petition,
hereby petition your excellency to call a State election upon the
question of state-wide prohibition in Virginia, as provided for by
the act of the general assembly of Virginia passed at its regular
session in the year nineteen hundred and fourteen.

To each such petition shall be affixed a signed certificate and
affidavit made by the person circulating the same, before some of-
ficer qualified to administer oaths, or to take acknowledgments,
which certificate and affidavit shall be substantially in the follow-
ing form:

State of Virginia............. OL ses ts ys ww wm see yL.....ee
beeen eee eee eee eens » hereby certify, under oath, that I
circulated the foregoing petition, and that I personally saw each
of the subscribers thereto personally sign his name thereon, as it
appears above, and that each of the said petitioners was legally
qualified to sign the same, to the best of my knowledge and belief,
and that the name of the same person does not appear thereon more
than once.

(Signed) ............ 0. eee e eee

Subscribed and sworn to before me, this.............. day of
oii ors Qe aw oreo Sr nineteen hundred and...................--

(Signed) ......... 2... ee ee eee eee

If any person shall knowingly and wilfully sign such a petition
without being legally qualified to do so, or if any person circu-
lating such a petition shall, knowingly and wilfully make a false
certificate and affidavit to the same, he shall be guilty of a mis-
demeanor, and upon conviction shall be fined not less than five nor
more than fifty dollars.

6. The said certificate certified under oath as aforesaid shall
be filed in the office of the clerk of the circuit court of the county or
of the corporation court of the city, as the case may be, in which
the voters signing the same reside, respectively, and the said clerk
shall immediately, upon the receipt of the same, endorse thereon
the date of the filing of the same and forthwith shall certify to
the secretary of the Commonwealth the number of qualified pe-
titioners as hereinafter provided:

State of Virginia,
To-wit:
petitions in proper form and duly certified under oath, have within
the past thirty days been filed in my office, signed by...........-.
(herein insert the number) of the voters of the county (or city)
2 ocd RE A/G WS Ww Bw ER Of.............2+++++, praying the governor
to call a State election upon the question of state-wide prohibi-
tion as provided by the act of the general assembly of Virginia,
passed at its regular session in the year nineteen hundred and
fourteen.

Witness my hand this........ day of .....sssseienses , nineteen
hundred and..............

seenhe wtb se SISSIES ES , Clerk.

7. Whenever the secretary of the Commonwealth within any
consecutive ninety days or less, shall have received from the clerks
of courts aforesaid, certificates showing that the number of voters
of the State required by this act have petitioned for an election
under this act, the secretary of the Commonwealth shall immedi-
ately certify such fact to the governor, accompanied by a state-
ment showing the number so certified to have thus petitioned and
the total number of votes cast at the last preceding regular No-
vember election for general State offices in this State, and the gov-
ernor, upon receipt of such certificate, shall, within ten days, order
such election as provided in section one of this act. ,

8. If, upon receipt by the governor, of a certificate from the
secretary of the Commonwealth, showing the result of such elec-
tion, it shall appear to the governor that a majority of the votes
cast at such election have been against state-wide prohibition, then
the laws in relation to the licensing of the manufacture and sale
and dispensing of intoxicating liquors thereto in effect at the date
of the approval of this act shall continue in force, unless or until
changed by the general assembly of Virginia.

9. If, upon receipt by the governor, of a certificate from the
secretary of the Commonwealth, showing the result of such election,
it shall appear that a majority of the votes cast at such election
shall have voted for state-wide prohibition, then he shall issue his
proclamation to this effect, and on and after the first day of Novem-
ber, nineteen hundred and sixteen, it shall be unlawful for any
person or persons, social club, firm, or corporation, to manufacture
for sale, sell, or purchase for sale, transport for sale, dispense, or
otherwise dispose of any spirituous vinous, fermented, distilled or
malt liquors, or intoxicating bitters within this State, except for
medicinal, scientific, sacramental or mechanical purposes as may
be allowed under the provisions of such acts as the general assembly
of Virginia shall pass at its said regular session held next after
the date of such election allowing such sale for such purposes; and
except wine and its by-products other than brandy and such
other by-products as contain no greater percentage of alcohol
than wine may be manufactured from grapes, berries and
fruits by any person, firm or corporation, now manufacturing
wine in this State; provided, the wine or by-products so manu-
factured be sold only in packages of not less than two and one-half
gallons or one dozen bottles and be delivered to a common carrier
to be transported outside of the State of Virginia into territory
where the same may be sold legally.

And except that all malt liquors containing not more than three
and one-half percentum, in volume, of alcohol may be manufactured
by any person, firm or corporation now manufacturing malt
liquors in this State, provided, such products, so manufactured, be
sold only in packages of not less than five gallons or not less than
two dozen bottles, and be delivered to a common carrier to be trans-
ported outside of the State of Virginia into territory where the
same may be sold legally; and any person or persons, social club,
firm, or corporation, so manufacturing, selling, dispensing or dis-
posing of any spirituous, vinous, fermented, distilled or malt
liquors shall be lable for all the penalties now or hereafter pre-
seribed for manufacturing, selling, dispensing, or disposing of
ardent spirits without a license.

10. Provided that nothing in this act shall be construed as af-
fecting the present law concerning the manufacture and sale of
cider.

11. The: treasurer of each county and city shall at least four
months before the Tuesday succeeding the first Monday in Novem-
ber, nineteen hundred and fourteen, file with the clerk of the cir-
cuit court of his county, or of the corporation court of his city, a
list of all persons in his county or city who have paid not later
than six months prior to the second Tuesday in June, nineteen
hundred and fourteen, the State poll taxes required by the Con-
stitution of this State during the three years next preceding the
year nineteen hundred and fourteen, which list shall be arranged
alphabetically by magisterial districts or wards, shall state the
white and colored persons separately, and shall be verified by the
oath of the treasurer. The clerk, within ten days of receipt of the
list, shall make and certify a sufficient number of copies thereof
together with a list of all persons who have personally paid at
least six menths prior to the election of November, nineteen hun-
dred and thirteen, all State poll taxes, assessed or assessable, against
them during the three years next preceding the year nineteen hun-
dred and thirteen, and shall deliver one copy of each, for each
voting place in his county or city, to the sheriff of the county or
sergeant of the city, whose duty it shall be to post one copy without
delay, at each of the voting places, and, within ten days from the
receipt thereof, to make return on oath to the clerk as to the places
where and dates at which said copies were respectively posted;
which return the clerk shall record in a book kept in his office for
the purpose; and he shall keep in his office for public inspection, for
at least sixty days after receiving the list, not less than ten certified

copies thereof.
Within thirty days after the list has been so posted any person
who shall have paid his capitation tax, but whose name is omitted
from the certified list, may, after five days written notice to the
treasurer, apply to the circuit court of his county, or corporation
court of his city, or to the judge thereof in vacation, to have the.
same corrected and his name entered therein, which application the
court or judge shall promptly hear and decide. .

The clerk shall deliver, or cause to be delivered, with the poll
books at a reasonable time before every election, to one of the
judges of election of each precinct in his county or city, a like cer-
tified copy of the lists, which shall be conclusive evidence of the
facts therein stated for the purpose of voting. The clerk shall
also, within sixty days after the filing of the list by the treasurer,
forward a certified copy thereof, with such corrections as may have
been made by order of the court or judge, to the auditor of public
accounts, who shall charge the amount of the poll taxes stated
therein to such treasurer, unless previously accounted for.

For making and certifying such lists the treasurer shall be
allowed three cents for each ten words, counting initials as words,
and the clerk for copying and certifying the same shall be
allowed two cents for each ten words, counting initials as words, for
the first copy, and one-half cent for each ten words for all other
copies required to be made. The sheriff or sergeant posting the
lists shall receive twenty-five cents for each list which he posts.
These fees shall be paid out of the treasury of the county or cor-
poration wherever such lists are made.

Any treasurer, clerk, or sheriff failing or refusing to comply with
the provisions of this act, shall, upon conviction, be deemed guilty
of a misdemeanor and be punished by a fine of not less than fifty
and not exceeding one thousand dollars.