The Worthington advance. [volume] (Worthington, Minn.) 1874-1908, 1876-01-13

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The 1sssrlaGs Asyi.n L~vSA pYs,es To-
5':: III f!<Ei1.* DraEGi,sts5is IL !lti ssf:w xs,
sMahlon :Black, auditor Il ef i Hepnspin
county, recently ddressed: . letter, to the
State Audits, for answer TO- the question
as to whether: :drussistsiwho deal inliaaar,
forprescription purposes only, were: liable;
to the special :inebriate asylum tax. The
auditor referred the matter to- Attorney, /,
General Wilson, who answers as follows, =,
T." .::;3s: ATToaxI1 GkxERAL,s Ory,c1. /;
,...:.>...,-,:,., ,,.,:.. eT. Paul, Jan. s, 1876.
Mellon Black, Esq, Auditor qf Hendnepinis
'Oounty:@ ~ 20 'iE sSs "a, Il sS$fi y*?Sii1Is,':
DEAR s1z-The State Auditor ha. rs.
ferred to me, your letter Of. December
9th, to answer, The question Presented
is, whether the act OF March 10th, 1873
known % the ''State Inebriate :: Asylum
Law, nAkcePts, druggists Who deal in spir-s
ituous liquors for prescription purposes
only. Whether it was the intention Of
the law makers to include the druggists
disposing of spirituous liquors ii the
manner stated, or not, can only be afriv-
ed at from he:language used in framing
the act. :, .t.,i, ...> :. =,
Section l of said act, or so much there.
of rs is necessary for our present pur.
pose, reads as follows: -.''ss ~ ::
Cali keepers of = drug stores
= - where spirituous, vinous or malt
liquors are sold, or kept for sale within,
this State, shall, before they shall be per-.
mitted to sell or dispose Of the same, take
out special license" DC. '~S''' -
Sec. S. Any keeper or owner or any
drug store where spirituous,'
vinous or malt liquors are sold. or kept:
for sale, who shall = offer for SALE,
or shall sell or give away, or in any;
manner dispose Of any spirituous, vinous..
or malt liquors, or. permit another Tor
him, to sell, give away, or dispose: Of any.
such liquor without having first taken,
out license, shall be guilty, = etc. ,. .t,,s.,
First. Drug stores are specially named,
in the act.
Second. There are no exceptions made
in thea The purpose for which the
liquor may have been sold or bought; is
wholly immaterial. If the act Is too,
sweeping the Legislature must amend.
Respectfully yours, '','
GEORGE p. W1Lsox, ';~s*'~'
Attorney General. :;
DUTY OF rHE COUNTY AUDITOR IN PRosECU-
-.
1t will be seen by the following Ok:
tract from the law that it is the duty
Of the County Auditor to institute prose.
cuticns in every case of failure to pay the
tax now due: - sl*,
drug stores, wholesale or retail liquor stores,
hotels, breweries, or others places where spir:
ituous, vinous, OF malt liquors are sold or kept
for sale within this State, shall, before they
shall be permitted to sell or dispose OF such
spirituous, vinous or malt liquors, take ont;
or cause to be taken ont, special license G1
eenses which they are or may be required
by law, ordinance or municipal regulation,
to take out) paying therefor the sum of ten
dollars to the county treasurer OF the proper
county; said license to lie issned by the county
auditor OF the county wherein the business SO
licensed is transacted, upon presentation to
to have the seal of said county auditor duly
attached thereto, and to be good for one year,
to-wit: From the first day in January 1. the
thirty first day of December following, =, =;
Any keeper or owner Of any saloon, grocery,
wholesale or retail liquor store, restaurant,
drug store. hotel, brewery, or other place
kept for sale, who shall after the passage and
publication Of this act. offer for sale, OF shall
sell or give away, or in any manner dispose Of
any sprt9ous, vi vinSas: S or 3 malt nall hanor or per-
otherwise dispose Of any such liquor,
without having first taken out special
license IS provided for in this act, shall b.
guilty of q misdemeanor, and shall be fined
for the first offense not less than twenty-five
nor more than one hundred dollars, and for
the second and each subsequent ofense, ehaN
be fined not less than fifty nor more than two
hundred dollars, and in default OF payment'o Of
such fines, shall be imprisoned in the county
Jail tor period Of one day for each dollar Of
such fine; Provided, That the term of such
period of ninety days tor the same ofense. az
No person applying for license under the
provisions of this act, who shall have evnled
payment Of any license for which he Was liable
Tor any former year. shall be entitled to re-
ceive such license without first paying all h
censes so evaded and for which he was liable.
1t shall be the duty Of every county auditor
in this State to make complaint before some
justice of the peace of each and everv person
in bis county violating any Of the provisions
Of this act, and the county attorney Of each
J"usnen'' L.:--..T III
Queer Work In the Ohio Psnisentlazy.