The Abilene reflector. [volume] (Abilene, Kan.) 1883-1888, 1885-03-12
The NEW LAW.
Euil Text of the New Temperance BILL
Some Important Changes.

sdS ISSlSlIluTe.
An act amendatory of and supplemental TO
chapter LIS of the session laws OF 1881. be-
ing an act entitled An act TO prohibit the
manufacture and sale of Intoxicating
liquors, except for medical, scientific and
mechanical purposes, and 10 regulate the
manufacture and sale thereof for such ex-
cepted purposes
Be it enacted by the Legislature of the State
of kansas.
SECTION /. That section of chapter leS of
the session laws of ISL shall be and the same
is hereby amended SO as TO read as follows:
Section ,. 1t shall he unlawful for any person
or persons to sell. or barter, for medical,
scient fic or mechanical purpose, any malt,
toxicating liquors. without first having pro-
cured druggists plabs,s permit permit therefor for
county wherein such druggist may 1T
the time be doing business: and such Pro-
bate Judge is hereby authorized, in his dis
cretion, 10 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 business of a druggist,
in his county, and who in his Judgment, can
be entrusted with the responsibility of sell
ing said liquors, for the purposes aforesaid,
in the manner hereinafter provided. and may
in his discreet on at any time revoke such
permit. In order to obtain druggists per-
NIT under this act the applicant therefor
shall present to the Probate Judge OF the
county wherein such applicant is engaged
in business. petition signed by at least
Twelve 1recnOlQerS. n8Slng the QUALIFICATIONS
of electors of the township or city wherein
such business is located, certifying that the
applicant is person of good moral character,
and lawfully engaged in the business of a
druggist. If satisfied that the petition is
true, the Probate Judge may, in his diScre-
ton. grant permit to the applicant to sell
Intoxicating liquors for medical, INC chancal
and sc!entInc purposes only; and such per-
NIT shall be recorded upon the journal of
the Probate Court, and shall be posted in a
conspicuous place in the store wherein such
business is carried on before it shall he of
any validity. The Probate Judge shall re-
ceive for his services the sum of live dollars,
TO be paid by the applicant.
SEC. >. That section three of the act to
which this is amendatory shall be and the
same is hereby amended so as to read as fol-
lows: Section 8. Any physician who is law
fully and regularly engaged i'll the practice
of his profession as 4 business, and who, in
case of actual need, shall deem any of the
liquors mentioned in section one of this act
necessary for the health of his patients may
give such patient written or printed pre-
ScriptiOn therefor, or may administer the
same himself. But no such prescription
shall be given, or liquors administered, eN-
ccpt in case of actual need, aud where in his
judgment the use of Intoxicating liquors is
necessary. And every physician 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 Il prescription for Intoxicating liquors
for the purpose of enabling or assisting any
person to evade any of the provisions of this
act, or for the purpose of enabling or assist
ing any person to obtain any intoxicating
liquors for use as a beverage, or to be sold
or disposed of in any manner. i'll violation OF
the provisions OF this act shall be deemed
guilty of IL msdemeanor and upon convic-
ton thereof shall be punished by fine or
not less than one hundred dollars nor more
than five hundred dollars and by imprisOn-
mcnt in the county Jail not less than ten
days nor more than ninety days.
SEC. 3. That section four of said act, to
which this is amendatOry, shall be and the
same is hereby amended so as to read as fol-
lows Section 4. ANY druggist having per-
NIT to sell Intoxicating liquors under the
provisions of this act. may sell the same for
medical purposes upon the written or printed
statement of the applicant, as hereinafter
provided. or upon the written or printed pre-
scrptiOn, made and signed by a physician
lawfully practicing his profession in the
county wherein such druggist carries on his
business, and such written or printed state
mcnt of the applicant; and such druggist
shall sell Intoxicating liquors for mechanical
and scientific purposes, only upon the writ
ten or printed statement of the applicant,
setting forth the particular purpose for
which such liquor is required, the kind and
quantity desired, and that it is not in !
tended for a beverage, nor to sell or
rive away; and when desired for medical |
the said written or printed state |
mcnt shall contain the foregoing particulars, !
and in addition thereto shall state that the |
liquor is necessary, and actually needed for |
medical use for the patient TO be named, and |
there shall be but one sale and but one de- |
livery on any one prescription or statement; !
but no druggist shall permit the drinking on /
tiOn or otherwise: Provided, That such |
druggist shall be permitted to sell TO any /
regular practicing physician who is engaged |
in the practice of his profession any of the /
liquors above named upon his written or /
printed statement that said liquors will only
be used for medicinal purposes. The state ,
mcntS provided for in this section shall be /
signed by the applicant, i'll each case, in the /
and HttnSTp6 6rIIURiSt
TO whom they are presented, and shall be /
retained by such druggist, and at the /
end of every thirty days, or within |
that time, SAID statements and prescriptions, |
together with the druggist affidavit that the |
liquors therein mentioned arc ali the intOXi- |
eating liquors sold by him during the month, |
shall he filed bv him in the office of the Pro !
bate Judge who issued his permit, where |
they shall be safely kept for two years from |
the date of said fling. Every person whose |
statement so made for the purpose of OBJ |
tanning Intoxicating liquors shall be false in |
any material matter, or who shall sell or /
furnish any of the liquors thereon obtained /
to others as beverage, shall be deemed |
guilty OF mlSdcmeanOr, and upon con- !
victiOn thereof shall be punished by fine /
of not less that 500 nor more that 500. ard !
by Imprisonment in the county Jail not less /
than thirty days nor more than ninety /
days Every such druggist shall keep book, !
wherein shall he recorded all sales of intOXi- !
eating liquors made by him, showing the name /
and residence OF the purchaser, the kind and /
which il was sold. the date of each sale, and /
# upon prescription, the name of the physi- |
elan making the same. Such record and pre- |
ScriptOns shall he open to the examination !
Of tine public at all reasonable times during (
business hours.
SEC l. That section of the act TO which !
this is amendatOry shall be amended so as TO /
read as follows: See. I. ANY person with |
put taking out and having Il permit to sell in ,
liquors aS provided i'll this act, |
Or any person not lawfully and in good faith |
engaged in the business of IL drugg st. who |
shall directly or indirectly sell or barter any
spil,tuous, malt, vinous, fermented, or other /
liquors, shall be deemed guilty |
1f a misdemeanor, and upon conviction !
thereof shall be fined in any sum not less |
than Sl00 nor more than 500. ard be impris
Dned in the county Jail not less than thirty /
lays nor more than ninety days.
SEC. :. That section of the act to which this |
s amendatory shall be amended so as to read
IS follows: Section S. ANY person without
-aking out and having permit to manufac-
ure Intoxicating liquors. rs provided in this
lct who shall manufacture, or aid or assist or
lbet in the manufacture of any of the liquors
in section l of this act shall be !
lcemcd guilty OF n N sdemeanOr and upon
conviction thereof shall suffer the same pun
shment as provided in the last-preceding
section of this act for unlawfully sellng'such
liquors; but nothing herein contained snail
DC construed TO prohibit the making of wine
)r cider from grapes or apples grown and
-aised by the person making the same, for
lis own use, or the sale of wine for cOmmun-
on purposes.
SIC. q. That section of the act to which
his is ameudatory shall be amended so as to
cad as follows: Sec. 9. Every person having
| permit to sell Intoxicating liquors, or to
manufacture and sell intoxicating liquors.
luder the provisions of this act, who shall
ell or barter such liquors in any other man
Ter or for any other purpose than in this act
provided. or who shall barter or sell the same
o any other person when he has reason TO
believe that the person purchasing the liquor
: obtain ng the same for any other than the
excepted purposes, although he may have a
or shall have made the state
nent herein provided, or who shall sell to
INV person under the influence of liquor, or
Who is in the habit of becoming in