for such special election. No special election for submitting the license question shall be held at any time within two years of the date of any previous election submitting said question to the voters of said city.

It is further provided, That for the purpose of holding said special elections for submitting the license question and for all other special elections to be held within said city for any purposes whatever, it shall not be necessary to have a special registration of the voters, but it shall be lawful for the commissioners of election to use the registration books of the last city election for such special elections, after said books shall have been revised and corrected as herein provided; the board of affairs shall sit at the city hall for one day at least three days previous to any such special election for the purpose of correcting said registration books and entering the names of any lawful voter of the city of Charleston, not already entered on said books, for issuing transfers to any voter who has removed to another precinct, and for striking off the names of any voter when it shall be shown by affidavits of two responsible voters that he has permanently removed from the city and is not entitled to vote at said election. Notice of such time of the sitting of the board of affairs for the correction of said registration shall be given in the mayor's proclamation calling such special elections. The commissioners of election shall be appointed in the same manner as for other city elections, except that it shall be the duty of the appointing body in appointing the commissioners for holding any such election on the license question to appoint at least one commissioner of election for each precinct from a list of persons eligible to serve as such and submitted to such appointing board, by the organization representing the local temperance or prohibition party, and the commissioner so appointed to represent the temperance or prohibition party shall have the right to select one of the clerks for the precinct for which he is appointed, which clerk shall possess all the qualifications required for a clerk at a city election. No city officer, and no person engaged in the sale of spirituous or vinous liquors, and no person who shall have been in the three years preceding said election, convicted of the illegal sale of spirituous liquors, wines, ale, beer, porter, or drinks of like nature, shall be appointed as clerk or commissioner of election. The person voting for license shall have written or printed upon his ballot, the words, "For License" and the person voting against license

shall have written or printed upon his ballot the words "Against License." The result of such election shall be canvassed and declared, as provided for other city elections. If a majority of the voters voting at such election shall have voted for license, then it shall be the duty of the board of affairs to grant such license for each of the next two fiscal years. If a majority of the voters voting at such election shall vote against license, then for each of the next two succeeding fiscal years, no such license shall be granted by the municipal authorities. And in the event a majority of the voters voting at such election shall have voted for license, then the discretion vested in the board of affairs to grant such licenses, and the council to approve or disapprove of such licenses, is intended only to give to said board of affairs and to the council such discretion as to persons to whom and places at which such licenses shall be granted, and shall not be construed as giving to the board of affairs the right to refuse, or to the council the right to refuse to approve, all such licenses for each of the next two fiscal years.

Sec. 60. If any person holding a city license shall be convicted in any court of competent jurisdiction including the police court of said city, of the illegal sale of spirituous liquors, or drinks of like nature, the license of such person may be revoked by the board of affairs, and in the event of a second conviction of the same person of an illegal sale of such spirituous liquors or drinks of like nature, such license shall be revoked by the board of affairs; provided, that for one such conviction of any person holding such license upon a charge of violation of any law or ordinance forbidding the sale of any such articles on Sunday, the board of affairs shall revoke such license, and no license shall be thereafter granted him.

The board of affairs shall, subject to the provisions of section. fifty-nine have the sole and exclusive power to make all rules and regulations necessary and proper concerning the granting and revoking of all licenses.

In order to prevent any combination or collusion concerning licenses, the board of affairs shall prescribe the basis upon which liquor license shall or may be granted and shall prescribe the number thereof according to population or by some other fair basis, and it shall be lawful for the board of affairs to revoke any license or licenses whenever it shall be charged before it by any ten responsible tax payers and after notice to the licensees and it is proved to the satisfaction of the board that by collusion, fraud or combina

tion, the benefit of any license or licenses is enjoyed or controlle by any trust or combination to control the liquor business within said city.

All acts and parts of acts inconsistent herewith are to that extent hereby repealed.

(House Bill No. 161.)

CHAPTER 85.

AN ACT to amend and re-enact section thirty-five of chapter forty of the acts of the legislature of West Virginia of one thousand eight hundred and ninety-one, amending the charter of the town of Point Pleasant.

[Passed February 18, 1911. In effect ninety days from passage. Governor February 20, 1911.]

Approved by the

SEC. 35.

SEC.

License to sell spirituous liquors shall
only be granted by the county

court.

Be it enacted by the Legislature of West Virginia:

That section thirty-five of chapter forty of the acts of the legislature of one thousand eight hundred and ninety-one be amended and re-enacted so as to read as follows:

Sec. 35. The council shall prescribe by ordinance the manner in which licenses of all kinds shall be applied for and granted; except license to sell at wholesale or retail spirituous liquors, wine, porter, ale, beer and drinks of like nature, and shall require the payment of the tax thereon before delivery to the person applying therefor. No license to sell at wholesale or retail, spirituous liquors, wine, porter, ale, beer or drinks of like nature shall be granted by the council of said town, such license shall only be granted by the county court in the manner prescribed by law.

All acts and parts of acts inconsistent with this act are hereby repealed.

SENATE JOINT RESOLUTION NO. 2.

(Adopted February 7, 1911.)

Authorizing the janitor of the capitol to employ additional help.

Resolved by the Legislature of West Virginia:

That the janitor at the capitol may appoint not to exceed eight additional helpers during the present session of the legislature, who shall receive three dollars per day each, one-half of which shall be paid out of the contingent fund of the senate and onehalf to be paid out of the contingent fund of the house of delegates; also to appoint two scrub women, who shall receive a like compensation, payable as hereinbefore provided for janitor's assist

ants.

SENATE JOINT RESOLUTION NO. 5.

(Adopted January 31, 1911.)

Adopting joint rules of the senate and house of delegates.

Resolved by the Senate of West Virginia, the House of Delegates concurring therein:

That the joint rules of the senate and house of delegates adopted at the regular session of one thousand nine hundred and nine, and printed in the manual of that year be and the same are hereby accepted as the joint rules governing the two houses during the present session of the legislature.

SENATE JOINT RESOLUTION NO. 6.

(Adopted February 9, 1911.)

Proposing an amendment to the constitution of this state, prohibi. ting the manufacture, sale and keeping for sale of malt, vinous or spirituous liquors, wine, porter, ale, beer or any intoxica ting drink, mixture or preparation of like nature.

Resolved by the Legislature of West Virginia, two-thirds of all the members elected to each House agreeing thereto:

That the following be and the same is hereby proposed as an amendment to the Constitution of this state, to-wit:

That section forty-six of Article six of said constitution as it now is, be stricken out, and the following inserted therein in lieu thereof:

46. On and after the first day of July, one thousand nine hundred and fourteen, the manufacture, sale and keeping for sale of malt, vinous or spirituous liquors, wine, porter, ale, beer or any intoxicating drink, mixture or preparation of like nature, except as hereinafter provided, are hereby prohibited in this state; provided, however, that the manufacture and sale and keeping for sale of such liquors for medicinal, pharmaceutical, mechanical, sacramental and scientific purposes, and the manufacture and sale of denatured alcohol for industrial purposes may be permitted under such regulations as the legislature may prescribe. The legislature shall, without delay, enact such laws, with regulations, conditions, securities and penalties as may be necessary to carry into effect the provisions of this section.

SENATE JOINT RESOLUTION NO. 8.

(Adopted February 6, 1911.)

Relating to the election of United States Senators by a direct vote of the people.

Resolved by the Legislature of West Virginia:

That we request the congressmen from our state, and instruct our senators to vote for an amendment to the constitution of the United States providing for the election of United States senators by a direct vote of the people.

SENATE JOINT RESOLUTION NO. 22.

(Adopted February 24, 1911.)

Raising a committee to investigate and report upon the subjects of employers' liability and laborers' compensation laws.