Wichita daily eagle., 1885-03-06

Amendatory of and supplemental to

Amendatory of and supplemental to
12S of the session laws of 1881, be-
ing an act entitled "An act TO prohi-
bit the manufacture and sale of lntoX-
icating liquors, except tor medical,
scientific and mechanical purposes, and
to regulate the manufacture and sale
thereof for such excepted purposes"
Be 1t enacted by the Legislature of the State OF
Kansas:
SECTION /. That section 2 of chap
ter 12S of the session laws of 1881
shall be and the same is hereby
amended so as 10 read as follows:
Section 2. 1t shall be unlawful for any
person or persons to sell, or barter,
for medical, scientific or mechanical
purpose, any malt, yinous, spirItuous,
fermented or other intoxicating
liquors, without first having procured
druggists permit therefor from the
probate judge of the county wherein
such druggist NAV at the time be do
ing business: and such probate Judge
is hereby authorized, in his discretion,
to grant druggists permit for the
period of che year TO ANY person OF
good moral character who is lawfully
and in good faith engaged in the bus
iness of druggist, III his county, and
who, in his judgement, can be en-
trusted with the responsibility of SELL
ing said liquors, for the purposes
aforesaid, in the manner hereinafter
provided, aud may in his discretion at
any time revoke such permit. In or
der TO obtain druggists permit un-
der this act, the applicant therefor
shall present 80 the probate judge of
the county wherein such applicant is
engaged in business, a petition signed
by at least twelve freeholders. having
the qualifications of electors of the
township or city wherein such busi-
ness is located, certifying that the ap-
plicant Is Il person of good moral char
scter. and lawfully engaged in the
business of a druggist. If satisfied
hat the petition is true, he probate
udge may, in his discretion, grant a
permit TO the applicant to sell intoxi-
eating liquors for medical, mechanical
and scientific purposes only; and such
permit snail be recorded upon the
jonrnal of the probate court, and shall
be posted in q conspicuous place in the
store wherein such business is carried
on, before il shall be of any validity.
The probate judge shall receive for his
services the SUN of five pollars, TO be
paid by the applicant.
SEC. =. That section ) OF the act TO
which this is amendatory shall be and
the same is hereby amended SO as to
read as follows: Section 3. Any
physician who is lawfully and regular
ly engaged in the practice of his pro-
fession as business. and who, in case
of actual need, shall deem any of the
liquors mentioned in section ! of this
act necessary for the health of his pa
fients may give such pctieut a written
or printed prescription therefor, or
may administer the same himself
But no such prescription shalt be
given or liquors administered, except
in case of actual need, and where in
his judgement the Use of intoxicating
liquors Is necessary. And every ply
sician who shall give such prescription
or administer such liquors in violation
of this act, and every physician who
shall give TO or write for any person "a
prescription for intoxicating liquors
for the purpose os enabling or assist
ing any person TO eyade any of the
provisions of this act, or for the pur-
pose of enabling or assisting anv per-
son 10 obtain any Intoxicating liquors
for use as q beverage, or TO be sold or
disposed of in any manner. in viola
ton of the provisions of this act. shall
be deemed guilty of Il misdemeanor.
and upon conviction thereof shall be
punished by fine of not less than one
hundred dollars nor more than five
hundred dollars, and by imprisonment
in the county jail not less than ten days
nor more than ninety DAYS.
SEC. 3. That section of said act,
to which this is amendatory, shall be
and the same is hereby amended so as
TO read as follows: Section 4. ANY
druggist having permit to sell intox-
icating liquors under the provisions
of this act, may sell the same for med
ical purposes upon the written or
printed prescription, made and signed
by physician lawfully practic-
ing his profession in the county
wherein such druggist carries on his
business, and such written or printed
statement of the applicant; and such
druggists druggists shall sell intoxicat-
ing liquors for medical and scientific
purposes, Oniy upon the written or
printed statement of the applicant.
setting forth the particular purpose
for which such liquor is required, the
kind and quality desired, and that il
is not intended for a beverage nor 10
sell or give away; and when intended
for medical Purposes, the said written
or printed statement shall contain the
particulars, and in addition
thereto shall state that the liquor is
and actually needed for
medical use for the patient to be named
and there shall bc but one sale and but |
one deliver en- any one prescription |
or statement: but no druggist shall |
permit the drinking on his premises of
liquor purchased by prescription or
otherwise:
Provided, That such druggist shall
be permitted to sell 10 any regular
practicing physician who Is engaged |
m the practice of his profession any of |
the liquors above named upon his |
" ritten or printed statement thatsaid /
liquors will only he used foI medical
purposes The statements provided
Tor in this section shall be signed by
he applicant, in each case, in the pres
.nce of and attesied by the druggist
% whom they are presented. and shall
De retained by such druggist. and at
he end of every thirty days. or with
n that time. said statements and pre-
together with tie drag ggist's
ltfidayit that the liquors therein men
toned are all the intoxicating liquors
old by him during the mouth, shall be
lied by him in the office of the probate
udge who issued his permit. where
hey shall be safely kept for two years
rom the date Of sand filing. Every
person whose statement so made for
he purpose of obtaining Intoxicating
liquors shall be false in any marerial
natter, or who shall sell or furnish anv
# the liquors thereon obtained To
thers As a beverage, shall be deemed
-uilty of misdemeanor. and upon
onviction thereof shall be punished
" fine of not less than one hundred
o.lars nor more than five hundred
ollars, and by imprisonment in the .
ounty jail not less than thirty days .
or more than ninety days. Every
uch druggist shall keep a book where I
q shall be recorded all sales of inioxi- +,
sting liquors made by him. showing I
he name and residence of the pur- 5
haser, the kind and quantity of IL 5
uor sold, the purpose for which il 5
Ias sold, the date of each sale. and il
pom prescription, the name of the ,
MUSICIAN making the same. Such {
,.nrI apI r.raScrintinns shall ha ,,,a,, =,