GENERAL PROVISIONS. PUBLICITY PAMPHLETS RELATIVE TO INITIA- Section 5018 1. Title and text of each pro posed law or shall be pamphlet; ex printed in SECTION 1. The secretary of state, at least thirty days before any election at which any proposed amendment to the constitution or proposed law is to be submitted to the people, shall cause to be printed in pamphlet form a copy amendment of the title and text of each measure to be submitted, with the form in which the ballot title thereof will be printed on the official ballot. Such pamphlet shall also contain an explanation of any proposed measure, not exceeding a total of three hundred words for each, to be filed as hereinafter provided. (103 v. 831.) SECTION 2. Five persons may be named in any petition or supplementary petition to prepare the explanation of the measure to be submitted; which explanation shall be filed with the secretary of state not later than sixty days before the election at which the measure is to be voted upon. (103 v. 831.) planation. Section 5018-2. named in peti explanation. tion to prepare Section 5018-3. When presi dent of senate of house may and speaker name committee to pre pare explana tion. SECTION 3. When any valid and sufficient petition or supplementary petition shall have been filed with the secretary of state demanding the submission of any measure to a vote of the people, and the general assembly is in session, the speaker of the house shall name two of its members, and the president of the senate shall name one of its members, which shall constitute a committee to prepare the explanation of the measure on behalf of the general assembly. If the general assembly is not in session then the governor shall name a committee of three electors, which committee shall serve without compensation and which shall prepare and file such explanation with the secretary of state. not later than sixty days before the election at which the measure is to be voted upon. (103 v. 831.) SECTION 4 The posting and other cost of distributing Section 5018-4. such pamphlets shall be paid by the state. The auditor of the state upon receipt of a voucher signed by the secretary of state shall draw his warrants on the state treasurer for such amount as may be necessary to pay for such printing, postage and cost of distribution at each election, and the same shall be paid from the general fund of the state. (103 v. 832.) SECTION 5. The secretary of state shall, at least twenty days before any such election, transmit one copy of such pamphlet to every voter in the state by mail with postage fully prepaid. If the secretary of state shall, at or about the same time be mailing any other pamphlets to voters, he may, if practicable, bind the matter herein provided for and enclose any and all pamphlets under one cover. For the purpose of securing a mailing list of voters outside of cities having a registration of voters, the secretary of state shall prescribe the forms of books to be used by all local Cost of distri bution of pamphlets; how paid. Section 5018-5. Mailing copy of pamphlet to each voter in state; mailing list. Section 5018-6. When additional copy may be incorporated in pamphlet. Section 5018-7. Duties of may of municipal corporations, and clerk deputy state counties. PUBLICITY PAMPHLETS RELATIVE TO INITIATIVE AND REFERENDUM. election officials in keeping a record of the postoffice address of all voters residing outside of such cities. The latest available registration lists shall be used in such cities. (103 v. 832.) SECTION 6. When more copy is offered to the secretary of state than herein provided for, the secretary of state shall cause such additional copy to be incorporated in the pamphlet provided for in section I of this act, if the parties submitting such additional copy deposit with it a sum of money sufficient to pay for the printing thereof. When any constitutional amendment or other measure has been published in pamphlet form in accordance with the provisions of this act, the same shall be in lieu of any other method of advertising provided by law. (103 v. 832.) SECTION 7. In all municipal corporations which have not or may not provide by ordinance or charter for the manors and clerks ner of exercising the initiative and referendum powers reserved by the constitution to the people thereof, as to their municipal legislation, the duties required of the secretary supervisors in of state by this act, as to state legislation, shall be performed as to such municipal legislation by the clerk of the municipality; the duties required of the governor shall be performed by the mayor or executive body as to such municipal legislation, and in all counties exercising the initiative powers now or hereafter provided by law the duties required of the secretary of state by this act as to state legislation shall be performed as to such county measures by the clerk of the board of deputy state supervisors of elections; the duties required of the governor shall be performed by the prosecuting attorney. (103 v. 832.) Section 5018-8. To what political subdivisions act applies. SECTION 8. The provisions of this act shall apply in every municipality in all matters concerning the operation of the initiative and referendum in its municipal legislation, unless otherwise provided for by the legislative authority of the municipality and shall likewise apply in so far as possible in every county in all matters concerning the operation of the initiative and referendum; provided, that the printing and distribution of the pamphlet of measures and the sample ballot of measures therewith shall not be dispensed with in any municipality or county. The printing and binding of measures in municipal legislation and county matters shall be paid by the municipality or county in like manner as payment is provided for by the state as to state legislation, and said printing shall be done in the same manner that other municipal or county printing is done; distribution of such pamphlets shall be made to every voter in the municipality or county, so far as possible, by the clerk of such municipality or county commissioner, as the case may be, either by mail or carrier, not less than ten days before the election at which the measures are to be voted upon. (103 v. 833.) LIMITATION AS TO THE NUMBER OF SALOONS. filed. SECTION 9. Explanations upon municipal or county Section 5018-9. measures shall be filed with such clerk not less than sixty When expladays before a general election and not less than forty days nations upon before a special election at which they are to be voted upon. county measmunicipal and Arrangements may be entered into between the secretary ures shall be of state and the proper local officers for the publication in one pamphlet of copy relating to both state and local mat ters, and where such arrangement is deemed advisable, agreement may be made to pro rate the cost of publication and distribution between the state and the municipality or county. (103 v. 833.) LIMITATION AS TO NUMBER OF SALOONS. SECTION 24. Not more than one saloon shall be licensed in any township or municipality of less than five hundred population, nor more than one saloon for each five hundred population in other townships and municipalities. When in any municipal corporation the qualified electors of such corporation, equal in number to thirty-five per cent. of the total of votes cast therein at the last preceding general election for municipal officers, petition the legislative body thereof for an election to determine whether the number of saloon licenses shall be further limited, stating in said petition the number to which said licenses shall be limited, said legislative body shall order a special election, to be held at the usual places for holding elections therein, not less than twenty nor more than thirty days from the filing of said petition. Thereupon notice shall be given of such election, and Notice of it shall be conducted as provided by law for the election election. of members of the council of such municipal corporation as far as such law is applicable. The result of the election shall forthwith be entered upon the record of the proceedings of the council of the municipal corporation by the clerk thereof. ballot. - The ballots at the said election shall be printed with Form of an affirmative and a negative statement, to-wit: "The number of saloon licenses shall be further limited to. . . . . . (here state number) licenses," "The number of saloon licenses shall not be further limited," with a blank space on the left side of each statement in which to give elector an opportunity to clearly designate his choice by a cross mark as follows: (......) The number of saloon licenses shall be further limited to ... (here state number) licenses. (......) The number of saloon licenses shall not be further limited. If a majority of the votes cast at said election shall be in favor of a further limitation of the number, then, from and after the beginning of the next ensuing license Regulations as to petitions for limitation. Contests; hearing. Number of licenses that shall be granted. Treasurers and sureties may be released. LIMITATION AS TO THE NUMBER OF SALOONS. year, the number of saloon licenses in said municipal corporation shall be limited to the number so voted upon; provided, however, that said election shall not be held unless said petition herein prescribed shall be filed with council before six months prior to the beginning of a license year; provided also that the limitation of number so voted upon shall remain the limitation of number for the next three license years only, at the end of which time the number of licenses shall be determined in the same manner as if no election had been held, unless, prior to six months before the expiration of said three license years, another petition is filed, in all respects in accordance herewith, and after election thereupon as provided herein it is again decided to limit the number for another three year term. Any qualified elector of a municipal corporation wherein such election has been held may contest the validity thereof by filing a petition duly verified with the common pleas court of the county in which such municipal corporation is situated, within ten days after the election, setting forth the grounds for contest. Such court shall require the person contesting the election to furnish sufficient security for costs before such petition is filed. Any judge of the common pleas court, upon the filing of such petition, shall forthwith cause a summons to be issued, addressed to the mayor of such municipal corporation, notifying him of the filing of the petition and directing him to appear in such court on behalf of the municipal corporation at the time named in the summons, which shall not be more than twenty days after such election nor less than five days after the filing of the petition. The common pleas court shall have final jurisdiction to hear and determine the merits of the proceedings and shall be governed by the law provided for contesting the election of a justice of the peace so far as such law is applicable. The county board shall grant licenses to the full number allowed by the constitution if applications are made therefor, unless limited as herein provided, in which case up to the full number determined upon as herein provided. And any license, though it be temporarily suspended by action of the county board, shall be counted in the number allowed. (103 v. 224.) RELEASE OF TREASURERS AND SURETIES. SECTION 2303. When a loss of public funds, entrusted to a county, city, village, township, or school district treasurer, by virtue of his office, heretofore or hereafter results from fire, robbery, burglary, or inability of a bank to refund public money lawfully in its possession belonging to such public funds, the county commissioners, township trustees, a city or village council or a board of education, respectively, may release and discharge such treasurer and the sureties upon his official bond, from all liability to or |