The Iola register. [volume] (Iola, Allen County, Kansas) 1875-1902, 1885-03-13
The NEW LAW.

=
fuil Tsxs Of the New Temperance Bib
eome Imporssat Changes.
The following is the new Temperance
bill as passed by both Houses Of the Kan
sas Legislatare:
An act amendatory of and supplemental to
chapter 12S Of the session laws of 1881, be-
ing an act entitled IAN act to prohibit the
manufacture and sale of Intoxicating
liquors, except for medical, scientific and
manufacture and sale thereof for such ex-
cepted purposes"
Be it enacted by the Legislature of the State
Of Kansas:
SECTION l. That section g of chapter 12s of
the session laws of 1881 shall be and the same
| is hereby amended SO as to 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,
vinous, spurious, fermented, or other in
toxicating liquors, without first having pro-
| cured druggists permit therefor
from the Probate Judge of the
county wherein such druggist may at
| the time be doing business: and such Pro-
bate Judge is hereby authorized, in his dis
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 bis 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 discretion at any time revoke such
permit. In order to obtain druggists per-
| init under this net, the applicant therefor
shall present to the Probate Judge of the
county wherein such applicant is engaged
| i'm business, petition signed by at least
| twelve freeholders. having the qualifications
of electors of the township or city wherein
such business is located, certifying that the
applicant is a 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 10 , sell
and scientific 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 il shall be of
any validity. The Probate Judge shall re-
ceiye for his services the sum of five dollars,
to be paid by the applicant.
SEC. 2. That section three of the act to
which this is amendatory shall he and the
same is hereby amended so as to read as fol-
lows: Section 3. Any physician who is law
fully and regularly engaged in the practice
of his profession as a 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, ex-
cept in case of actual need, aud where in his
judgment the use of intoxicating liquors is
necessary. And every 'physici 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 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. in violation of
the provisions of this act, shall be deemed
guilty of a msdemeanor, and upon convic-
ton thereof shall be punished by fine of
not less than one hundred dollars nor more
than five hundred dollars, and by imprison-
ment i'm the county Jail not less than ten
days nor more than ninety days.
SEC. ). 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-
scription, made and signed by physician
lawfully practicing his profession in the
county wherein such druggist carries on his
business, and such written or printed state
ment of the applicant; and such druggist
shall sell intoxicating liquors formechanIcal
and scientific purposes. only upon the writ
ten 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 Il beverage, nor to sell or
give away; and when desired for medical
ment 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
his premises of liquor purchased by prescrip-
ton 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
printed statement that said liquors will only
be used for medicinal purposes. The state
ments provided for in this section shall be
signed by the applicant, i'm each case, in the
presence of and attested by the druggist
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 druggists affidavit that the
liquors therein mentioned are all the intoxi-
eating liquors sold by him during the month,
shall be filed by 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 I'll !ng. 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 a misdcmeanor, and upon con-
victOn thereof shall he punished by N fine |
of not less that SlU nor more that $500, and !
by Imprisonment in the county Jail not less |
than thirty DAYS nor more than ninety |
days. Every such druggist shall keep book |
wherein shall be recorded all sales of intoxi- |
eating liquors made by him, showing he name !
and residence of the purchaser, the kind and |
and quantity of liquor sold, the purpose for |
which il was sold. the date of each sale. and |
if upon prescription. the name of the physi- |
clan making the same. Such record and pre-
scrirtons shall be open to the examination |
OF the public al all reasonable times during |
business hours.
SEC f. That sect on of the act to which |
G M cd ne to
read as follows: Sec. Z. Any person with |
out taking out and having permit to sell in ,
toxicatirg liquors as provided in this act,
engaged in the business of n 6rugg st, who !
shall directly or indirectly sell or barter any
spir:tuous, malt, vinous. fcrmcnted, or other |
Intoxicating liquors, shall be deemed guilty |
of a misdcmeanor. and upon conviction !
thereof shall be aned in any sum not less |
than Sl00 nor more than $500. ard be imprs-
Onci in the county Jail not less than thirty |
days nor more than ninety days.
SEC. 5. That section Sof the act to which this |
Is amcndatory shall be amended so as to read |
as follows: Section 8. Any person without
taking out and having permit to manufac-
ture Intoxicating liquors. as provided in this
act. who shall manufacture or aid or assist or
abet in the manufacture OF any of the liquors
deemed guilty of a m 'sdcmeanor, and upon
conviction thereof shall suffer the same pun
ishment as provided in the last-precedng
section of this act for unlawfully selling'such
liquors; but nothing herein contained shall
be construed TO prohibit the making of wine
or cider from grapes or apples grown and
raised by the person making the same for
his own use. or the sale of wine for commup-
ion purposes.
SIC s. That section of the act to which
this is amendatory shall be amended so US to
read rs follows: Sec. y Every person having
a permit 10 sell Intoxicating liquors. or to
and sell intoxicating liquors.
under the provisions of this act, who shall
sell or barter such Liquors in any other man.
ncr or for any other purpose than in this act
provided, or who shall barter or sell the same