Phillipsburg herald. [volume] (Phillipsburg, Kan.) 1882-1905, 1885-03-28

fenced OF s.irst ofTense5s under the law OF 1881
/ would have the right to obtain permit u that
I law had remained unchanged He may tnefe1oFe
I be granite permit now notwithstanding the
/ change in thelaw
But druggists who prior to the amendment Of the
law AAl oeen convicted OF a second q . tl-L1 o-
Tense, having already lost the right to obtain per
! relieved from such penalty by the amendment and
repeal Of the section under which it was imposed
Section ten OF the act Of 1881 defining what shan
De neia 70 % intoxicating liquors ana 5000
eleven OF that act relating to the duration and the
renewal of permits TO druggists and nanufacturerz
are not amended or repealed.
Upon section ten you PROFOUND the following
tanning sulIcle-lL alcohol 70 lntoA-cle "nen so-l 4
good faith medicines and not as beverages shall
be sold as antoIlcants upon statement or prescflE-
I ton and statement as in the case OF 1quorsf''
The question depends upon quesuon or IECJ
that they cannot be here determined. The following
! quotation from the Intoxicating liquor cases =
Gan. 55I VIII explain what I mean. III the com
pound or preparation be such that the distinctive
/ character and effect Of intoxicating liquors are
gone. that lis use as an intoxicating beverage is
practically impossible Ey reason OF the other in
/ Eredients it is not within the statute.'s On
the other hand if the Intoxicating liquor remain as
distinctive force in the compound, and such COM
pound is reasonably liable 10 be used as an intoxi-
eating beverage it is within the statute. The ele-
ment OF good faith in the sale does not avail the
druggist the jury decide that the compound rails
within the last mentioned class If the druggist
sells compounded medicines and preparations con-
tanning alcohol without observing the requirements
of this act he takes the risk OF the jury to whom
this question must be submitted in prosecution
for such sale violation here OF finding this TACT
The amendments Of the act Of 1881 by the act of
1855 do not weaken Overtrn any OF the decisions
Secton12 OF the act OF 1881 is one Of the amended
sections, but the new section u tseCtiOn OF the
new Iaw) is substantially the same as the original
section so far as IL goes eAcepJ tt the penAIy Lof
a violation of its provisions is increased.
Section thirteen OF the act OF 1881 is amended by
the section OF the same NUMBER OF me act or 1852
In the new section all of the old section is reenact
ed with the difference that places where intOLicat-
ing liquors are kept Tor delivery are put under tle
head of common nulsancess and the word
uses omitted from the description OF such
places. The method OF abatement Is explained l. e.
''Ey taking possession thereof and destroying all
intoxicating liquors found therein together with all
signs, screens bars bottles glasses ana otner
property used in keeping and maintaining said
nuisance" The penalty Is increased by the re-
moval of the alternative OF fine or imprisonment
or the imposition of both. The latter part of the
| new section relating to the injunction against the
maintenance of such nuisances is new legislation.
Sections fourteen, fifteen, sixteen, seventeen
eighteen, nineteen and twenty OF the act OF 1881 re-
Section tWenty-one of the act Of 1881 is amended
by section fourteen of the act OF 1885. The
changes are that 1t shall NOT be necessary
to describe the place where sold, except in prseCu
tiOns for keeping and maintaining common NUS
ance, or where a lien is sought to be established
sold Is and that sit shall not be necessary in the rs
instance for the state to prove that the party charged
did not have permit to sell intoxicating liquors
Tor the excepted purposes. anu JAat no person
shall be excused from tesJifying touching any
offence committed by another against any OF the
lending to criminate himself (the Winess) but the
testimony given by SUCH person SluL case De
[ used against hiIn.''
This is the last section OF the act Of 1881 that is
directly amended or repealed.
Sections eight, nine. ten, eleven, twelve, fifteen
sixteen seventeen and eighteen OF the act Of 1850
contain the new features of the law, except the
minor novelties introduced in the several amended
sections, and which have been fully referred to
above.
/ Under section eight you inquire: ''Are the ex-
aminatiOns of the witnesses summoned by the cOuL-
/ ty attorney to be public or private?"
Being eD pGrts hearings and the statute not de
nj rim mi I
the discretion of the county attorney to conduct
advance the interests OF justice, the county att0r
ney having power to exclude all persons except the
witness testifying if he sees mt.
Under section ten you ask: what fee is the
county attorney entitled to have taxed costs in
prosecution for violation of the law committed
prior to the enactment of the law of 1885 but pros
ecuted, tried and concluded subsequently there
to 20
am of the opinion that he is entitled to the fee
provided by the new law.
And as a final question it is asked ''Do the en-
ployes OF express companies and other common
carriers violate any OF the provisions OF TINS act by
knowingly carrying or delivering Intoxicating Hq-
uors shipped into the state from points outside Of
the state TO individuals Tor their private use"
If the liquors are consigned to the individuals to
be paid for on delivery, the common carrier and its
employees are the as{euts OF the conslgnor 70 com
plete the sale, and being a sale in the state for
other than the excepted purposes and by persons
not authorized TO make sales Tor the excepted pur
poses the employees are undoubtedly violating the
law and are subject to its penalties. If the deliv-
cries are made by such employees TO individuals to
be sold in violation of the law. such employees are
guilty OF the Offense prescribed by section seven
teen OF the act of 1855.
If the express ONCE is place where intoxicating
liquors kept for delivery IN violation of the law,
it is declared by section Is of the act of 1885 to be
common nuisance, and the owner or keeper thereof
is liable to conviction OF the offence of maintaining
a common nuisance, the penalty for which is pre-
ssribed in the section last referred to.
Information under section seven Of the amended
law viii be sufficient if in the form used prior the
amendment, although in cases where leiu is not
sought to be established against the place where
such liquors we're Illegally sold it shall not be Ne
who not lawfully and IN good faith engaged in
the business OF druggists are brought within this
section and special forms may be necessary in
prosecuting them.
form used prior to the amendment with the change
of the word ''use to delivery in cases where the
change is applicable, viii be sufficient
InfOrmatiOns under section nine for violations of
manner or for purposes other Than In the act pro
Vided viii be sufficient used prior to the amend
ment. In cases which come within the amplitica.
tons of what shall constitute Ohenses under this
make the information suit the eZ1gencies of the
case.
new offense is prescribed in section four as
amended by section three OF the act of 1855 for
which new form of information VIII probably be
necessary. That is in the prosecution of persons
whose statement so made for the purpose of OBJ
tanning intoxicating liquors snail be false in any
material matter or who shall sell furnish any
OF the liquors obtained to others as a beverage
Your experience viii guide you in drafting an in.
/ formation TO meet the case.
Likewise new form of information viii be neces
Eary in prosecutions of physician under section
three, amended by section two Of the act of 1885,
Very respectfully S. :. BRADFORD,
Attorney General
Not a Trace.