The Iola register. [volume] (Iola, Allen County, Kansas) 1875-1902, 1881-03-04
THE KANSAS PROHIBITION LAW.


1t passed both Houses of the Legislature:
AN ACT-To prohibit the manufacture and
sale OF intoxicating liquors, except for med.
zeal. scientific and mechanical purposes
and to regulate the sale thereof for such ex.
cepted purposes.
Be enacted by the Legislature Of the State O
Kansas:
SECTION /. Any person or persons who
shall manufacture, sell or barter any spirttu.
Gus, malt vinous, fermented or other fntoxf.
eating liquors, shall be guilty of a misdemean-
or, and punished as hereinafter provided:
Prorided, honeter. That such liquors may be
sold for medical, scientific and mechanical
purposes as provided In this act. {1
SEC. 2. 1t shall be unlawful for any person
or persons to sell or bar. er, for medical, sci
'entiic or mechanical purposes: any malt. vim
ing liquors, without frst having procured a
druggists permit therefor from the Probate
Judge of the county wherein such druggist
may at the time be doing business and such
Probate Judge is hereby authorized, in his
discretion, to grant druggists permit for
the period OF one year. to any person OF good
faith engaged in the business o. Il druggist in
his county, and who, I'm his JUDI ment, can be
intrusted with the responsibility of selling
SAID liquors for the purposes Aforesaid i'm the
manner hereinafter provided. In order to OBJ
tain a druggists permit under this act, the APP
plicant therefor shall present to the-PrObate
judge of the county wherein such person Is
engaged in business, petition, signed by at
least twelve citizens of the township
Or city wherein such business
Is located. certifying that the
ter, and lawfully engaged in the business of a
druggist. He shall also lille with such petition
cool and sufficient bond to the Sta.e of
Kansas in the sum of twenty five hundred
dollars, conditioned that such applicant will
neither use, sell, bar: err, nor give away any OF
the liquors mentioned in section Of this act
act; and on such violation a said bond snail
thereby become forfeited. Such bond must
be signed by the applicant, and by at least
two OF the persons signing such petitions as
sureiies, and such sureties must Jointly or
severally justify in writing, under oath, in
the sum oil five thousand dollars over and
above all their debts, legal exemptions and
liabilities: Prorided, That in cities, towns
and places of less than five thousand popula-
ton, said bond may lie in The sum of one
thousand dollars, and the sureties shall justify
as provided above in the sum of two thou
sand dollars. The Probate Judge shall con-
slider such petition and bond, and if satisfied
that the petition Is true, and that the bond is
sufficient under this act may in his GiScre-
ton grant permit to the applicant to sell in
toXicating liquors for medical, scientific and
mechanics al purpose only, and thereupOn be-
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 anu
jI stificatiOn thereon, which said permit shall
be posted in a conspicuous place in the store
where such business is carried on. The Pro-
bate Judge shall receive for said services the
sum OF five dollars, to be paid by the appli-
cant.
SEC. 3. Any physician who is regularly en-
gagged iii the practice of his profession as a
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 a
o sue OF he % Bns
except in case of actual sick ness, and when, in
the Judgment of such physician, the use of in
Heatns qneT is in sss as
OF o minor, it shall be necessary to
use intoxicating liquor as remedy, the
same shall be procured by his parent or guar
dian, or some other person of full age, to
whom such physician may deliver prescrip-
ton for that purpose. Every physician, be-
fore making any prescription for Intoxicating
liquor shall make and file with the Probate
Judge of the county wherein he may practice
his profession, an affidavit before some officer
OF the county authorized to administer Oaths,
STATE OF KANSAS, COUNTY OF-,ss.
i. A. B., do sOlemnly swear that 1 am prac-
ticing physician of the State of Kansas, resid-
i in in the county OF -, in said State, and l
scribe Intoxicating liquors of any kind for any
person Or persons whOmsoever. unless in case
of actual sickness, and when the same is
necessary for the health of the patient; that
will in all things faithfully keep, observe and
perform all the requirements and conditions
of the laws of Kansas regulating the sale and
-""o vi INTOXICATING hquots o9 heip me Nou-
Sworn to before me, and subscribed in my
presence. this day f". A. Dis
AID surh affidavit shall be renewed and
fled 1T The expiration of each five years of
SAID physicians practice. Every physician,
or ,ison assuming to act as such, who shall
liquors, without having made and filed the
affidavit in this section provided. or who
shall after making and filing such affidavit
Violate any of the provisions of this act, shall
hh IL nt liS10 and,
On conviction thereof shall be fined in any
sum not less than one hundred dollars nor
mo! than five hundred dollars; and for any
second or subsequent offense shall upon con-
ylctlOn be subject to the same fine, and in ad
.dition thereto shall be imprisoned in the
county Jail not less than thirty days nor more
than siN months. No druggist shall sell upon
Or fill any prescription for intoxicating liquors
until the physician making the same shall
have made and fled the affidavit in this sec
ton irJvided, and shall not continue such
sales zoo more than five years after such affi-
davit is hled, unless new affidavit is filed. as
required by this section. The Probate Judge
shall forthwith deliver to each licensed drug
Rist in.iiis county certificate of the filing of
each physician's affidavit, required by this
act,
SEC 4. ANY druggist having permit to sell
intoxicating liquors under the provisions of
this act, may sell for medical purposes only
upon the written or printed prescription of n
practicing physician, duly signed by such
pin stefan. and who has made and filed the
affidavit mentioned in the preceding section;
and tor scientific and mechanical purposes
only upon a written or printed application.
VIII Gil shall be dated, and shall set forth the
name of the applicant, his residence and &C.
cupation, the quantity and kind of liquor re-
quiz ed, and the purposes for which it is re-
quirei, and shall have appended thereto an
affidavit by the applicant, made before some
officer authorized to administer oaths in his
county, that the statements contained in such
apl,iicationare true; and all such appli cations
Shall be retained by the druggist selling there
on, and at the end OF every thirty days, or