The Emporia news. [volume] (Emporia, Kan.) 1859-1881, 1881-02-25
THE LIQUOR LAW.

passed by the Legislature of Kansas, de
signed 10 enforce the prohibition amend
ment to the constitution OF the state:
An ACT To prohibit the manufactur,
and sale of intoxicating liquors, except
| for medical, scientific, and mechanical
j purposes, and to regulate the maaufac-
ture and sale thereof for such excepted
/ purposes.
Be Il enacted by The legislature IF n.
State Of KQaSas:
| SECTION 1. Any person or persons
who shall manufacture, sell or barter
/ any spirituous, malt, vinouS, fermentetl
or other Intoxicating liquors, shall be
! guilty of misdemeanor, and punished as
hereinafter provided; Procided, hoicerer,
That such liquors may be sold for medi'
cal, scientific and mechanical purposes,
| as provided in this act
| SEC. 2. II shall be unlawful for any
| person or persons TO sell or barter, for
medical, scientific or mechanical pur-
| poses, any malt, yinous, spirituOus, fer
| mented or other Intoxicating liquors
| without first having procured q drug
| gist's permit therefor from the probate
! judge of the county wherein such drug.
| gists may al the time be doing business
and such probate judge is hereby author.
lied in his discretion, to grant drug
| gisls' permit for the period of one year,
TO any person of good moral character,
who is lawfully and in good faith en-
| gagged in the business of druggist In his
county, and who. in his Judgment, can
be intrusted with the responsibility of
t-seliing said liquors for the purposes
| aforesaid, in the manner hereinafter pro-
vided. In order to obtain druggists
permit under this act the applicant
therefor shall present to tile probate
judge Ofthe county wherein such person is
| engaged in business, u petition, signed
| by at least twelve citizens of the town
| ship or city wherein such business is To-
| Gated, certifying that the applicant is n
| person of good moral character, and
lawfully engaged in the business OF a
druggist. He shall also file with such
! petition Il good and sufficient bond tn
the state of Kansas in the sum of TWEEN
| ty-fiye hundred dollars, conditioned
that such applicant will neither use, sell,
barter nor give away any of the liquors
| mentioned in section one Of this act in
| violation of any of the provisions of this
act; and on such violation, said bond
shall thereby become forfeited. Such bond
must be signed by the applicant, and by
at least two of the persons signing such
petition rs sureties, and such sureties
| must Jointly or severally justify in writ
ing, under oath, in the sum of five thous-
and dollars over and above all their
| debts. legal exemptions and liabilities
Provided, That in cities, towns and pla-
| ceS Of less than five thousand pOpula-
| ton, said bond may be in the sum of
one thousand dollars, and the sureties
shall justify as provided above in the
sum OF two thousand dollars. The pro.
bate judge shall consider such petition
| and bond, and If satisfied that the peti.
| ton is true, and that the bond is sufi-
Gent under this act, may in his discre
| ton grant permit TO the applicant to
sell intoxicating liquors for medical,
| scientific and mechanical purposes only,
and thereupon, before delivering said
| permit, and before it shall be of any va
| lidity. the probate judge shall record up
| on the journal of his court the said per
| nit, together with his order granting
the same, and the bond filed Herewith
and justification thereon, which said
| permit shall be posted in a conspicuous
| place in the store where such business is
carried on. The probate judge shall re
ceive for said services the sum of five
! dollars, to be paid by the applicant.
| SEC. 3. Any physician who is regular
| " engaged in the practice Of
his profession as business, and
who in cases of actual sickness
| shall deem any of the liquors
mentioned in the first section of this act
necessary for the health OF his patient
may give such a patient a written OF
| printed prescription therefor. But nc
such prescription shall be made or given
except in case of actual sickness, and
| when in the judgment of such physician
the use of intoxicating liquor is neces.
sary as a remedy. Whenever, in the
| treatment of a minor, it shall be neceS
sary to use intoxicating liquor as q rem
edy, the same shall be procured by hi:
parent or guardian, or some other person
offull age, 10 whom such physician may
deliver a prescription for that purpose
Every physician, before making any pre-
scription for Intoxicating liquor, shall
make and file with the probate judge oi
the county wherein he may practice his
profession, an affidavit before some offic
er of the county authorized to admins
ter oaths, in substance as follows:
| STATE OF KANSAS, COUNTY Or, IS
/, A. B., do solemnly swear that | an
a practicing physician of the state o
| Kansas, residing in the county Oh il
said state, and / do further solemniJ
swear that I will not prescribe intox
icating liquors of any kind for any per
son or persons whOmsoeyer, unless il
case of actual sickness, and when the
same is necessary for the lISalth of TIT
patient; that | will in all things faith
fully keep, observe and perform all the
| requirements and conditions of the laws
of Kansas regulating the sale and use O
intoxicating liquors. So help me God
Signed
Sworn 10 before me, and subscribed il
1sEP ''f'' '' VI" \ =
And such affidavit shall be renewed
and filed at the expiration of each fiv,
years of said physicians practice. Ev
cry physician, or person assuming to &C
as such, who shall make prescription
for any intoxicating liquors, withou
| having made and filed the affidavit il
this section provided, or who shall, afte
making and filing such affidavit, violat
any of the provisions OF this act, shall
be deemed guilty of misdemeanor, ant
upon conviction thereof shall be finet
in any sum not less than one hundred
dollars nor more than five hundred dol
lars; and tor any second or subsquen
offense shall upon conviction be subjec
to the same fine, and in addition theretI
shall be imprisoned in the county jai
not less than thirty days nor more thai
six months. No druggist shall sell up
on or fill any prescription for intoxicai
ing liquors until the physician making
the same shall have made and filed tn
affidavit in this section provided. ans
J: shall not continue such sales for NOR
than five years after such affidavit j
filed, unless new affidavit is flied, as re
Quired by this section. The probat
Judge shall forthwith deliver TO eacl
licensed druggist in his county a Gel
tificste of the fling of each physician
, affidavit, required by this act.
SEC i ANY GruuuiSf having n DpI
nit TO sell intoxicating liquors under III
provision of this act, may sell for med
cal purposes only upon the written o
printed prescription of a practicing ply
stefan, duly signed by such physician
, aud who has made and filed the affldi
: vii mentioned in the preceding section
. and for scientific and mechanical pul
J poses only upon written or printe
: application, which shall be dated, an
shall set forth the name of the aPplican
: his residence and occupation, the kin
+ and quantity of liquor required, and tn
| purpose for which it is required, an
. shall have appended thereto an affidavi
by the applicant, made before some OF
Ger authorized to administer oaibs i
his county, that the statements containe
: in such application are true; and &
> such applications shall be retained b
! the druggist selling thereon, and at III
end of every thirty days, or sooner, sha
q be by him filed in the probate court OF
: of which his permit issued, where the
Ahall be safely kept for the period Of tN
|, years from the date of the filing % eaci
Every person willfully taking fal:
q oath in making such application sha
be guilty of perjury, and upon convictio
therefor in any court having jurisdictio
4 shall be punished as provided by Ia
+. 4 for neriUry in nfhPr cases. Pc0ris14z
4 AoiceEer, That no sales Of intoxiestin
!. liquors shall be made by any such dru;
D gist, knowingly. to any minor in az
J. case, except upon prescription for med
! cal purposes, as in this act provides
The said druggist shall file away an
keep all prescriptions for intoxicatin
LIQUORS. and PRESCRIPTIONS partly for il