The Saline County journal. [volume] (Salina, Kan.) 1871-1893, 1881-02-24

Tsse NEW TfneenAlsce lAss. u
(oFFIcIAL)
-. AN ACT
TO prohibit the manuEhcture and sale
Of intoxicating liqu0Y, except for
medical, scientific and mechanical
purposes, and 70 regulate the man
ufacture and sale thereof for such
excepted purposes.
Be Il emactcd b. Gss Legislature Of the
State Of Kdasos:
9 SECTION I. Any person or persons
who shall manufacture, cell or barter
any spirituOus, malt, vinous fefmented
or other Intoxicating lQu0rs, shall be
gsliltyof misdemeanor, and punished
Q hereinafter provided: Provided,
however, That such Liquors may be
sold for medical, scientific and me
chanical purposes, - provided In this
act.
Sec. 2 It shall be unlawful for any
pers0n or pers0ns to sell or barter, for
medical, scientific or mechanical pur.
poses, any malt, vinous, spirituous, fer
mented or other intoxicating liquors,
without first having procured drug
gists' permit therefor, from the pro-
bate judge Of the county wherein such
druggist nlay at the time be doing
business; aud such probate judge Is
hereby authorized, In his discretion,
to grant q druggists permit, for the
period Of one year TO any person of
good moral character, who IL lawfully
and in good faith engaged in the bust
ness Of q druggist In his county, and
who, I'm his judgment, can be entrust-
ed with the responsibility Of selling
liquors for the purposes aforesaid, in
manner hereinafter provided. In or
der to obtain drugYists' permit un-
der this act, the applicant therefor
shall present to the probate judge of
the county wherein such person is en-
gagged in business q petition, signed
by ut least twelve citizens Of the town
ship or city wherein such business 10
located, certifying that the applicant
II y person Of good moral character,
and lawfully engaged in the business
Of q druggist. He shall also file with
such petition q good and sufficient
bond to the state Of Kansas in the sum
Of twenty-five hundred dollars, condi-
toned 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 shall thereby become
forfeited. Such bond must be signed
by the applicant, and by at least ten
Of the persons signing such petition
a. sureties, and such sureties
must jointly or severally justify
i'm writing, under oath, in the sum
Of five thousand dollars over and
above all their debts, legal exemp-
lions and liabilities: PrQVidcd, That
in cities and towns Of less than five
thousand population, said bond may
BE- in the sum Of one thousand
dollars, aud the sureties shall Justify
as provided above In the sum OF
two thousand dollars. The pro-
bate Judge shall consider such peti-
ton and bond, and il satisfied that
the petition Is true, and that the bond
Is sufficient under this act, may In his
discretion grant permit to the appli-
cant to sell intoxicating liquors for
medical, scientific aud mechanical,
purposes only, and thereupon. before
delivering said permit, and before it
II shall be of any validity, the PROBATE
judge shall record upon the journal of
his court the said permit, together
with his order granting the same, and
the bond filed Herewith and justifica-
ton thereon, which said permit shall
be posted in conspicuous place in the
store where such business il carried
on. The probate judge shall receive
for said services the sum of five dollars
to be paid by the applicant.
Sec. 8. Any physician who is reg
ularly engaged in the practice of his
profession as business, and who i'm
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
patient written or printed prescrip-
ton therefor. But no such prescrip-
ton shall be made or given except in
case of actual sickness, and when, in
the Judgment Of such physician, the
use OfintOxicatingl liquor is necessary us
a remedy. Whenever, in the treatment
of minor, il shall be necessary To use
Intoxicating liquor as u remedy, the
same shall he procured by his parent
or guardian, or some other person of
full age, to whom such physician may
deliver prescription for that purpose
Every physician. before making any
for intoxicating liquor,
shall make and file with the probate
Judge Of the county wherein he may
practice his profession, an affidavit be- |
for some officer Of the county author
lied To administer oaths, in substance
rs follows:
State of Kansas. County Of, ~.
/, A. b., do solennly swear that I |
am a practicing physician of the state
Of Kansas, residing In the county of |
=, in said state, and | do further
swear that I will not pre-
,cribe Intoxicating liquors of any
kind for any person or persons whonI-
'Oever, unless i'm case Of actual sick
hess, and when the same il necessary
or the health of the patient and
=; that will In all things faithful.
y keep, observe and perform all the
and conditions of the
avs of Kansas regulating the sale
md use Of intoxicating liquors. So
lelp me God.
sworn to before me, and subscribed
In my presence, this day Of
A. D., IS.
And such affidavit shall he renewed
md filed ut the expiration of each
I've years Of said physicians practice
every physician, or person assuming
o act ~ such, Who shall make a pre-
criptiOn for any Intoxicating liquors,
Without having made and filed the
lndavit In this section provided, or
rho shall, after making aud filing
uch affidavit. violate any of the pro-
'isions Of this act, shall be deemed
utility OF o misdemeanOr, and, upon.
thereof, shall be fined in
ny sum not less than one hundred
|Ollars nor moro than five hundred
0llars and for any second or sutse-
usnt offence, shall, upon conviction,
e subject to the same line, and in ad-
iti0n thereto shall be imprisoned in
he county jail not less than thirty
avs nor more than six months. mol
ruggist shalt sell upon or fill any
for Intoxicating liquors
util the physician making the same
hall have made and filed the affidavit
4 thin section provided, and shall not |
Dntinue such sales for more than five |
ears after such affidavit Is fled, IN.
- . new AFFIDAVIT 10 filed, o. reuuir.
] by this section. The Probate
Judge shall forthwith deliver to each
ceueed druggist In his county Ger )
ficate Of the filing Of each physician's
required by this act. /.
SDc. & Any druggist having . per.
lit 10 sell intoxicating liquors under