Chap. 142.—An ACT to amend and re-enact section 32 of an act entitled an
act to define ardent spirits and to prohibit the manufacture, use, sale, offer-
ing for sale, transportation, keeping for sale, and giving away of ardent
spirits, or drugs, as herein defined, except as provided herein; declaring
certain ardent spirits contraband, and prescribing procedure for search there-
for and forfeiture thereof; to prohibit advertisement of such ardent spirits
to prescribe the jurisdiction for trial and appeal of cases arising under this
act; to prescribe the force and effect of certain evidence and prosecutions
for violation of this act; to create the office of commissioner of prohibition
and to define his duties and powers and compensation; defining intoxication
and who is a person of intemperate habits within the meaning of this act;
prescribing a penalty for intoxication; prescribing certain rules of evidence
in certain prosecutions under this act; defining soft drinks, proving how
they may be sold, regulationg the sale of toilet, antiseptic preparations,
patent and proprietary medicines, and flavoring extracts; exeinpting certain
counties and cities from certain provisions of this act and authorizing
additional restrictions and limitations beyond the provisions of this act
as to sale, manufacture or delivery of ardent spirits in certain counties
and cities; to provide for the enforcement of this act and to prescribe pen-
alties for the violation of this act to appropriate out of the treasury of
the State necessary moneys for the enforcement of this act; and to repeal
chapter 146 of acts of assembly, 1916, approved March 10, 1916, and all

_ other acts or parts of acts in conflict with this act, approved March 19.
1918. [H B 73]

Became a law without the signature of the governor March 8, 1920.

1. Be it enacted by the general assembly of Virginia, That section
thirty-two of an act entitled an act to define ardent spirits and to pro-
habit the manufacture, use, sale, offering for sale, transportation,
keeping for sale, and giving away of ardent spirits, or drugs, as herein
defined, except as provided herein declaring certain ardent spirits con-
traband, and prescribing procedure for search therefor and forfeiture
thereof; to prohibit advertisement of such ardent spirits; to prescribe
the jurisdiction for trial and appeals of cases arising under this act;
to prescribe the force and effect of certain evidence and prosecutions
for violation of this act; to create the office of commissioner of pro-
hibition and to define his duties and powers and compensation ; defin-
ing intoxication and who is a person of intemperate habits within the
meaning of this act; prescribing a penalty for intoxication; prescrib-
ing certain rules of evidence in certain prosecutions under this act;
defining soft drinks, providing how they may be sold; regulating the
sale of toilet, antiseptic preparations, patent and proprietary medi-
cines, and flavoring extracts; exempting certain counties and cities
from certain provisions of this act and authorizing additional re-
strictions and limitations beyond the provisions of the act as to sale,
manufacture or delivery of ardent spirits in certain counties and cities ;
to provide for the enforcement of this act and to prescribe penalties
for the violation of this act; to appropriate out of the treasury of the
State necessary moneys for the enforcement of this act ; and to repeal
chapter 146 of acts of assembly, 1916, approved March 10, 1916, and
all other acts or parts of acts in conflict with this act, approved March
nineteenth, nineteen hundred and eighteen, be amended and re-enacted
so as to read as follows:

sec. 32. Election, salary, and term of commissioner; suspension
by governor ; report to governor; bond required.—The general assem-
bly at its session of nineteen hundred and twenty shall elect a com-
missioner of prohibition, whose compensation shall be thirty-five hun-
dred dollars per annum, and whose term of office shall be two years,
commencing on the first day of September, after his election, termi-
nating on the thirty-first day of August, nineteen hundred and twenty-
two, on which date the office of the commissioner of prohibition is
hereby abolished.

The governor of Virginia, by authority vested in him by sections
seventy-three and seventy-four of the Constitution, shall have the
power to suspend said commissioner from office for misbehavior, in-
capacity, neglect of official duty or acts performed without due au-
thority of law, but in any case, in which this power is su exercised,
the governor shall report to the general assembly at the beginning of
the next session thereafter the fact of such suspension, and the cause
thereof; whereupon the general assembly shall determine whether
such commissioner shall be restored or finally removed, and the gov-
ernor shall have the power during the recess of the general assembly
to appoint pro tempore a successor to the said commissioner ; but his
appointment to such vacancy shall expire at the end of thirty days
after the commencement of the next session of the general assembly,
except as herein provided, the general assembly shall fill by election
any vacancy in the office of commissioner, which election shall be for
the unexpired term.

The said commissioner shall make an annual report to the gov-
ernor, which shall by the governor be biennially reported to the gen-
eral assembly; such report shall give in detail the expenditure of all
public moneys and the work of his department, together with such
recommendations for new or additional legislation in reference to his
powers and duties as he may deem expedient.

Before entering upon the duties.of his office the said commissioner
shall give a bond to be approved by the attorney-general in the pen-
alty of ten thousand dollars for the faithful performance of his

uties.

In case of any vacancy in the office of commissioner during a recess
of the general assembly, by the death or resignation of the commis-
sioner, the governor shall fill such vacancy by the appointment of a
successor whose term of office shall expire thirty days after the com-
mencement of the next session of the general assembly sitting after
the occurence of such vacancy.

No person shall be appointed a deputy or inspector by the com-
missioner of prohibition unless he be a citizen of Virginia, of good
moral character, civil demeanor, good intelligence and have had at
least a common school education.

Incapacity, delinquency in the performance of duty, insubordina-
tion, disobedience to lawful orders, incivility and discourtesy in per-
formance of duty, acts performed without due authority of law, con-
viction of a criminal offense, or conduct, on or off duty, prejudicial
to the discipline, good name or efficiency of this department on the
part of any inspector or deputy shall be cause for suspension, dis-
missal or dishonorable discharge of the offender by the commissioner.