The Wichita city eagle. [volume] (Wichita, Kan.) 1872-1883, 1881-01-27

the party, his place Of residence. the amount
of liquor sold, etc., shall be kept by both
Wholesale and retail druggist and published,
and examined in the manner set forth In the
bill introduced by Senator Hackney, above
specified.
Upon certificate Of good moral character,
permit shah be issue by the Probate Court.
to any applicant desiring to engage in the
manufacture Of liquors, joint bond being
given in the sum Of $4,000 that said manu.
facturer will not violate amy Of the provisions
Of this act. A record OF sales, in detail, shall
be kept, which shall be verified by oath Of
the manufacturer, and published aud exam
incd ut the dates, and in the manner above
specified.
Any person not having permit, who shall
be convicted s'sliall be fined for the first Of
fence in n sum not less than $500 nor more
than $500, and be imprisoned in the county
Jail for not less than ten days nor more than
three months; and for q second offence he
shall be fined in sum not less than 5000 nor
more than $1,000, and imprisoned In the
county Jail for not less than sixty days nor
more than six months; and for third Of
fe ce not less than $500 nor more than 81 900,
and be confined at hard labor IN the peniten-
tiary Tor not less than one year nor more than
three years. For violation under permit
the penalty is more severe, the right to OBJ
tain such permit being also forfeited for
greater period upon each conviction, the
third FORGETTING his right forever to obtain
permit to sell intoxicating liquors. All Ter
mented drinks; all cordials, bitters or other
mixtures containing any alcohol or other
spirits by whatever name called, come with
in the scope Of this act. It is rendered the
duty Of the County Attorney, under penalty
Of forfeiture of his Office, to examine all rec
ords thus provided to be kept at least once
month, and to prosecute in all cases OF vio-
lation under this act. The monies from all
bonds forfeited TO go into the county treasu-
ry. Places where liquors are unIawfuliy
sold are declared to be common nuisanccs,"
and are to be abated by the proper officers.
Ply sicans are forbidden to prescribe except
in cases Of actual sickness, severe penalties
following any violation Of this act. Persons
found in state Of intoxication are fined not
less than one nor more than five dollars, and
imprisoned in the county Jail not less than
ten nor more than sixty days. In all prose-
cutions under this act the burden Of proof to
show that the sale complained Of was lawful
under this act shall be upon the defendant"
BILL INTRODUCED By REPRESENTATIVE
ADY.
This bill makes every sale except for the
purposes and under the restrictions set forth
in the bill, felony. Liquors can only be man.
uf'ctured and sold under its provisions for
medical, scientific and mechanical purposes
only by person holding license authorizing
its manufacture or sale. The license is is
sued by the Board Of County Commissioners
upon bond OF $4,000 to comply with the act
No sale can be made but upon written
statement setting forth the person for whom.
the purpose for which. the kind, quantity,
and date Of the sale. II makes q false state
ment to procure liquor, felony. II makes
giving away, or any trick or device to eyade
the act a sale; declares alcoholic, vinous,
spirituous and fermented liquors, and all bit
tiers, cOrdials aud medical cOncOctions, the
principal ingrcdiant of which is intox icating
liquors, TO be intoxicating liquors within the
meaning Of the act. 1t only affects the usual
order Of Judicial procedure in prosecutions
for drunkenness. IntoxicatiOn is a misde-
meanor. and when il is shown that man
was intoxicated the burden of proof Is put
upon him to show that he took the liquor
which intoxicated HIM for medical purposes.
Ii leaves the enforcement o! this law in the
usual channel, except in the above particu-
lar. and this provision was inserted because
it would be impossible Tor the State ever TO
prove that il was not drank for medical pur-
poses.
BILL INTRODUCED BY REPRESENTATIVES,
KAsTALL.
The salient feature Of this bill is the pro-
vision for State Constabulary TO enforce
the Prohibition Amendment. The State Con-
stable is Il salaried officer. The County Con-
stables are pald fees, mileage and reward. |
The act involves the right Of search and seiz- |
,re, under the present criminal code, cX- |
cept that the warrant is issued by the State |
Constable instead Of Justice Of the Peace,
and il requires the afidayits of two persons
to secure ITS issue. The evident idea Of the
bill is State control, instead OF leaving the |
enforcement to the local authorities, as UNI
der the present dram. shop act. 1t makes the
first offence felony. The act will be found
to contain no essential departure from the
ordinary legal procedure governing the COM
mission Of crime. Sales are contemplated
through any person obtaining a license, with
this distinction On prescription, any kind
OF liquor; for mechanical or scientific pur-
poses, alcohol only. Liquor can be manufac-
tured in the State under license, but it can
be sold only to the State Constable.
BILL INTRODUCED BY MR.. sNoDDY.
The essential difference i'm this from other
bills introduced lies IN Section six. which
reads: The foregoing provisions Of this
act shall not apply to beer brewer within thi,
State by citizens thereof, nor to wines man
ufactured within this State by citizens there
Of. who are the owners or lessees OF vine
yar, from their own vintage
Penalties Tor the violations OF any Of the
provisions of this act, are provided; all places
where intoxicating liquors are sold unlaw-
fully are declared common nuisances," to
be abated as such; the sale or gift Of liquors
10 any person who is In the habit Of being
or TO any minor, is made pun
shablc by line. and no debt thereby created
IS made recoverable by law.
In all prosecutions under this act. It shall
lot be necessary to state the KIND OF liquor
'old or disposed OF. nor the name OF the per-
ION TO whom sold or disposed, but it shall be
Necessary to describe the place where sold
md In the prosecution of all actions, the per-
on or persons TO whom liquors are sol or
disposed Of. In violation Of this act. shall be
competent witnesses.
BILL INTRODUCED ny REPRESENTATIVES,
This bin is similar in character TO that in
reduced by Senator Strang, the provisions
{ which are set forth above. and which may
c regarded as identical in its scope and pur-
ose.
"FARMERS' ALLIANCE"
Last week. at Topeka, 4 convention OF o
lrmers met, under the name OF Farmers | /,
r. A.. n. \.