The Saline County journal. [volume] (Salina, Kan.) 1871-1893, 1881-02-17

TIM NEW TEMPERANCE Law.
Ths following b tie TIN 10 prohibit
the mAnufAetues end sale u lntoxicat-
Ing liquon, whioh. With sons imma-
tseiAl changes, hes pased 18th houses:
AN ACT
To prohibit the manuGhcture and sale
Of Intoxicating nqucss, except for
medical, scientific and mechanical
purposes, and to regulate the man.
ufhcture and sale thereof for such
excepted purposes.
Be q ENACTED b. ~ kegieiotuve AZ ~
State of K0Neos:
SECTION 1. Any person or persons
who shall manufacture, sell or barter
any spiFituous, malt vinous fefmented
or other intoxicating hquors, shall b
guilty Of Q misdemeon0r, and punished
. hereinafter provided: Provided,
however, That such liquors may be
sold for medical, scientific and me-
chanical purposes. - provided in this
act.
SIC. 2. It shall be unlawful for any
penon or persons to sell or barter. for
medical, scientific or mechanical pur-
poses, any malt, vinous, spurious, fer
mented or other intoxicating liquors,
without hrst having procured drug
gists' permit therefor, from the pro-
haze judge Of the county wherein such
druggist may 1t the time be doing
business aud such probate Judge Is
hereby authorized, in his discretion,
to grant druggists' permit, for the
period OF one year to any person Of
good moral character, who is lawfully
and In good faith engaged In the busi-
ness Of q druggist In bis county, and
who, in 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 druggists' 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 . petition, signed
by Mt least twelve eitisens Of the town.
ship or city wherein SUCH business 10
located, certifying that the applicant
is person Of good moral character,
and lawfully engaged in the business
Of druggist. He shall also file with
such petition . good and sufficient
bond to the state Of Kansas in the
sum of five thousand 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 Such bond
must be signed by the applicant, and
by at least tn Of the persons signing
such petition a. sureties, and such
sureties must jointly or severally JUS
tify In writing, under oath, in the sum
of twenty five thousand dollars over
and above all their debts, legal exemp-
lions and liabilities: Provided. That
in cities and towns Of less than five
thousand population, said bond may
be In the sum Of twenty-five hundred
dollars, and the sureties shall justify
as provided above in the sum Of
twelve thousand five hundred dollars.
The probate judge shall consider such
petition and bond, and If satisfied that
the petition Is true, and that the bond
Is sufficient under this act, may in his
discretion grant . permit to the sppli-
cant to cell intoxicating liquors for
medical, scientific and mechanical
purposes onlsS, and thereupon. before
delivering said permit, and before 1t
1t shall be D: any validity, the probate
judge shat 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. The probate judge
shall receive for said services the sum
Of five dollars to be paid by the appli-
cant.
SEC. 8. Any physician who il reg
ularly engaged In the practice Of his
profession ~ business, end 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
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 Of intoxicating liquor IL necessary
- q remedy; and in no case shall |
such prescription for intoxicating /
liquor be given or delivered to any |
minor. Whenever, in the treatment |
Of minor, it shall be necessary to use
liquor as q remedy, the
Iame shall be procured by his parent
Or guardian, or some other person of |
full age, to whom such physician msy
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 ne may
practice his profession, an affidavit be-
Tor some officer of the county author
zed to administer Oaths, i'm substance
Is follows:
State of Kansas, County Of, ss.
LA. B., do solemnly swear that l
I'm a practicing physician of the state
If Kansas, residing i'm 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 what
lOever, unless in case of actual sick
hess, and when the same il necessary
or the health Of the patient and
=; that will in all things faithful
3 keep. observe and perform all the
and conditions of the
avs of Kansas regulating the eale
md use Of intoxicating liquors. So
help me God.
Signed,-----.l
sworn to before me, and subscribed
In my presence, this day Of,
a. D., 1S-.
And such affidavit shall be renewed
md filed at the expiration of each
rear Of said physician's practice.
Every physician, or person assuming
o act as such, who shall maks q pre-
cTipti0n for am intoxicating liquors,
-i.hout having made and filed the
fadavit in this eection provided, or
Who ehall, after making and filing
UGH afiicavit. violste any of the pro-
-isione Of this act, shall be deemed
utility Of misdeneanor, and, upon
conviction thereof, shall be fined in
my sum not less than on, hundred
dollars dor more than fivs hundred
dollars: and for eny second or subse-
,ueuce, shall, upon conviction, be
ubiect TO the same flne, and in addi-
ion thereto shall be imprisoned in
he county Jail not less than thirty
layc nor more than six months. No
lruggist shall sell upon or fill any
for Intoxicating liquors
Until the physician making the came
A. A. >u.l ALL AZ 1