West Virginia argus. [volume] (Kingwood, W. Va.) 1877-1946, 1879-11-08

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sPirituous liquors or wine, in good faith
Tor medicinal purposes, or alchohol for
medicinal or mechanical purposes;
If any druggist shall sell spir-
ituous liquors or wine, unless for me-
dicinal purposes, or alcohol, unlesc for
medicinal or mechanical purposes, he
shall, for each and every offense, be fined
not less than twenty nor more than one
hundred dollars; and II shall be the special
duty Of the circuit court to give this
PROVISION in charge of the grand iuries Of
their respective courts. And in any pros-
ecution against a druggist for selling
alcohol, spirituous liquors or wine. with.
out license therefor, If the sale be prov.
ed, II shall be presumed that the sale was
unlawful in the absence of satisfactory
proof to the contrary. No sale of alcohol
except Tor mechanical purposes, spiri,u.
| Gus liquors or wine shall be made bv apv
druggist under the provisions of this seo.
ton, except upon the written prescription
prac;icing physician in good standing
in his profession and not of intemnerate
habits, specifying the name of the persoo
and the kind and quantity of such LIQUORS
70 be furnished him, and stating that such
liquors be prescribed, are absolutely nee.
essary as medicine, and not as a beyer-
age, for such person. And the produc
ton OF such presc -psion by the defend.
ant at the trial of an indictment aqains,
him Tor the sale of the alcohol, spirituous
liquors or wine mentioned therein. shall
oe sufficient to rebut the presumntion
arising from The proof Of oucl sale as
hereinbefore provided for, If the jury be-
lieve from all the evidence in the case that
the sale was made in good faith, under
the belief that such prescription and state.
ment were true
''It any physician shall, for the purpose
OF aiding druggist Or otLer person in the
violation OF any of the provisions of this
chapter or otherwise, give such prescrip.
ton and make such statement falsely. he
shall be guilty of a misde DeauCr, and
fined not less than fifty nor more than two
hundred dollars. Eyery such prescription
and statement shall he filed and preserved
by the druggist selling such liquors there
on, and the same shall be open aud sub.
Ject TO the inspection of the prosecuting
attorney of the county, or cry member of
a grand jury thereof, or any relative of
the person to whom such liquors were
sold, and any druggist or person in charge
OF such prescriptions. and statements who
shall willfully fail or refuse TO produce the
same when demanded for inspection by
any OF the persons aforesaid, shall be
guilty of misdemeanor, and fined not
less than twenty nor more than one hun.
dred dollars"
ANY person violating the let sec. shall,
except where it is other wise provided in
said chapter, forfeit not less than $40, nor
more than 800.
The last section, it will be seen, provi.
ded how druggists shall sell liquors, and
sale in any other way is unlawful.
They can sell alcohol for mechanical pur.
pose in good Faith without prescription;
but they can not sell spirituous liquors
and wine for any purpose without a pre-
scription, 70 the requirements of which |
call the especial attention of our physi-
Il ms.
Said chapter also provides bow license
to cell spirituOus liquors, &C., may be OBJ.
tanned. One of the requirements is a bond
in the penalty Oe at least 50, 500
Regulating the traffic in intoxicating
liquor has always been and still is a diff
ficult matter to legislate on; and "there
is no law which is 20 Fei olutely resisted by
the utmost ingenuity'of the human mind
aud the ablest talent" says an eminent
Judge. Our present liquor law is very
good one, aud if it is properly observed
and executed, it will to great extent &C.
complish that for which it was adopted
the suppression of the many evils arising
from the whisky traffic.
call attention TO all the provisions of
said chapter, particularly sections 10, ID,
10, 10, and II, which at some future time
you might publish, if you think proper.
Respectfully, VIM. e.. WoRLEY,
Prosecuting Attorney.
Kingwood, w. Va, Nov. Sd. 1879.
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