Phillipsburg herald. [volume] (Phillipsburg, Kan.) 1882-1905, 1885-03-21
An ACT

tied AN act to prohibit The manufGctuIe anu
scientific aud mechanical pulpos-s ana 10 req
u4ate the manufa ture ana sale thereof for suca
excepted purpose
Be II enacted 5y tie legislature Of the Sats q Kaa-
SGs:
SECTION I. That section 2 Of chapter 128 OF the
hereby amended so as 20 read as fol OWs: S c.
sons TO sell or barter. for medical sci. ntidc OF
mechanical purpose. any malt, VluOuss spiIiJuOus.
fernented, or other intoxicating liquors, without
Ms L-qtl4g procured druggist permit Llefeior
from the Probate Judge OF the county wherein
ana Such FEooaIe Juoge IS her. y auLhoE-Zed, IN
MS discretion, TO grant druggists permit for the
pf - - saL - -4is o. = VI sSol moral
gagged In the business OF adrugsiSt in his County,
and who. IN his judgment can pe entrusted win
me espoLslollly OF selllng sAlu nqloTSs lOr me
purposes Aforesaid, in the manner herelnafUeE
provided, and may in his discretion at any time
reFoke sucn p Unit In order 20 o lam & drug
gists permit under this act. the applicant there
ior shall present TO the Probate Judge Of the
county wherein such app5lcanE Is ,eLgf gea IN
business, petition signed by et least Twelve
freehOlOeTs, having the qualifications Of electors
OF the 20 "nsllp or city herein such business ls
located, certifying that the apol cant is a pers IA
Of GOOD moral character, and lawfully engaged in
the business Of a druggist. If satisfied mat the
petition is true the Probate Judge NAV ia his
discretion. grant permit 10 the applicant 70 sell
iutoxicat -ng LIQUORS Tor medical mechanical and
scientific pUrpOs s only: and such permit shall
be recorded upon the Journal Of he Probate
Court and shan be posted in a conspicuous pl-es
in the store wherein such business is carried on,
Ju6es hall receive for his services ne sIIn al
five dollars. to be paid by the applicant
SEC. 2. That section Of tbs act 70 which this Is
amendatory shall be and The same lis hereby
amended 50 10 read as fellows SecIiOn 3.
ANY physician who is lawfully ana regularly en-
gagged IN the practice Of his Profession as a busi-
any of the liquors mentioned In section Of this
act cessary for the health Of his patients
prescription therefor, or may administer
the same himself. But no such prescription shall
be given, or liquors administered. except in case
OF actual need and where IN his judgment the
use Of Intoxicating LIQUORS is necessary. AMI
every physician who shall give such prescn ptiOn,
or administer such liquors IN violation OF this act
and every physician who shall give to or write
for any p rsOn prescription Tor intoxicating
liquors tOr lAe purpose OF SAaOilng or assisting
any person to eVade any of the provisions of this
acG or IOf the purpose OF eAaDilng OF assisting
any person 70 OBTAIN any Intoxicating liquors Tor
use as beverage, or to De sold or disposed of in
any manner IN VI atlon OF the provisions OF this
ACT hhau De deemed guilty OF q m saemeaIlOr,
and upon conviction thereof shall be punished
by q fine Of not less than one hundred dollars
-uOre than hYe hundred dollars, and by lmpr1SOn-
ueEt in the county jail not less than ten d,ys
NOS than ninety days.
SEC 3. That section four Of said act, to which
this is smendatOry. shall be and the same is here
/ by amended so as 10 read as follows: Section 4.
! any Druggist having permit to sell intoxicating
liquors under the provisions # this act. may sell
/ be same for medical purposes upon the written
| or printed prescriQti1n, made and signed BY a
physician lawfully practiclHg his profession in
] the county wherein such druggist carries on his
/ business, and such wri ten or printed statemenJ
Of the applicant; and suCa druggist shall sell in
0Xicaliug LIQUORS for medical ana scientific DuF-
DlgeS ouly upon tn written or printed Statement
If the applicant, setting forth the paTlcu DUR
! pose for which such liquor is required, the kind
/ and quality desired, and that 1t Is Lot intended
for beverage nor to sell or give away; ana VIII IN
| desired for medical purposes the said written or
eE8sg~l statement shall con ain the FORGING par
fEEHdTS, and in addition Ii aretO shall state LTat
che liz LOT is necessary, and actually needed 1Sr
/ medical use for the patent 70 be named, ana
/ GA any one prescrip ion or statement; but no
! drugg st shall permit the drinking on his prem
rEre Tr ton
/ wise: Provided That sucn druggist shall be per
nitted to sell 10 any regular praCtCing ply siciaT
7Jhc is engaged in the practice of his prOfessiO
airy OF the liquors ABOVE named pom MS WrlJtel
or printed S aUement that said liquors viii only
e used for medical purposes. The statements
provided for IL this section snail be signed by the
apple ant in each case, in the presence Of and
aLlSsLSu Dy tuS 4IGSsIst 70 MuOn l4ey are
presented, ana snail De retained by sucA druggist
/ and at the end of every thirty days. or within
! that time, said statements and prescriptions TO-
gether with me OF uggsCS mat the liquors
/ herein mentioned are althe Intoxicating liquors
sold by him during the month, shall be filed by
him IN the ON e OF the Probate Juoge who issued
mis- permit, where they shall be safely kept for
Two years from the date of said filing. Every
p rsOn whose statement so made for the
purpose Of obtaining Intoxicating liquors
all false in any material matter, or Who shall
sell furnish any Of the liquors theron Obtained
to Others as a beverage shall be deemed guilty Of
a misdemeanOr, and upon conviction thereof
! >han be punished by a fine of not less than one
/. hundred dollars nor more han five hundred dol
lars and by Imprisonment in the county iail not
/ less than thirty days nor more than ninety days
Every such druggist shall keep a book wherein
sail be recorded all sales Of intoxicating LIQUORS
/ made bv him. showing che name and resfd NC
| of the purchaser the kind and quantity OF liquor
sold, the purpose for which it was sold, the date
of each SALE aud If upon prescription the name
/ # the physician making the same Such record
| and pre- criptions shall be open to the eXamina
ton Ofthe public at all reasonable times during
SEC 4 That section 2 Of the act to which thi
is amendHtOrv shall be am. nded 50 as to read a
/ follows: SEC. Z. ANY p@rson without taking on
and having permit 20 sell intoxicating liquors
provided In TINS act or person not law ful
andi in good faith engaged In The business Of {
druggist, who shall directly or indirectly sell Of
barter any EpiFituOus malt, VinOus, fermeuted, OF
, other intoxicating liquors, shall be deemed
/ guilty # a m ltmeauOr, and upon conviction
, the eOf shall be fined in any sum not less thar
? one hundred collars nor more than i've hundrel
dollars, ana De imprisoned In me county jan no
. lesS than thirty days EOr more than ninety days
SEC. B. That section OF the act 70 which thu
is amenoaJOry snaA De amended so as 20 read a
follows: SIC. 8. ANY person without taking on
{ and having permit 70 manufacture intOXic4tin
liquors, as PROVIDED ia WIS ecL, VINO sna1I manu-
faCLure, OF aid or assist or Gbst in the manufaC
! ture of any Of the liquors mentioned in section
of this a. {, shall be deemed guilty Of g. mlsde
Z / d eauOr, and upon conviction thereof shall cuff
the same punishment as provided in the last-prC
Z ceding section OF this act for unlaWfully sellin
| such LIQUORS; but nothing herein contained shal
3 Be construed ID ptOhlbiJ the making OF wine O
1 cider from grapes or apples grown and raised b
J. the persO making the same for his own use O
{ | the sale Of Vine for communion purposes.
SEC 6 That section nine of this acE TO Whic
this Is amendatOry snail be amended 50 as to Tea
d as follows: SEC g. Every person having q perm
q to sen intoxicating liquors, or to manufacture an
, sell In OZtcating liquors, under the provisions
: this act who shall sell or barter such liquors
i any other manner or for any other purp jse tina
in his act provided or who shall barter or Sc
: the same TO any other person when he has reas9
q TO believe that the person purcha sing the liquC
So Obtaining the same for any other than the e.
D cepted purposes, although he may have q pr
scTiptiOn or shall have made the statement berei
z provided, or who shall sell to any pers, uRdl
= the influence Of liquor, or who Is in the habit
E becoming intOZicateds or who shall allow nQul
= / sold as medicine or otherwise 20 be drank on b
Z premises, or who shall violate any Of the Prov
ions Of this act, shall be deemed guilty of a mi
n demeanOr and upon conviction thereof shall
= fined ia any sum not less than one hundred dC
7 lars nor more than i've hundred dollars, and ,
s imprifOued in the county jail not less than Lhir
O days nor more than ninety days, and shall forte
= his permit issued under the provisions of this az
e and for period Of i've years his right to obtain
e permit and Ia all cases where tOrleitures are pr
o Hided under the proYislons Of this aef. The con