Wichita daily eagle., 1885-03-06

to prohibit the making of wine or ci
der from grapes or apples grown ant
raised by the person making the same
for his own use, or for the sale of win,
for communion purposes.
SEC. g.. That section nine of this ac
to which this is amendatory shall b'
amended so as to read as follows: SEC
9. Every person having a permit to
sell Intoxicating liquors, under th'
provisions of this act, who shall sci ol
barter such liquors in any other nan
ner or for any other pur. os,
than in this act provit!e ed
or who shall barter or sci
the same TO any other person when ht
has reason to believe that the person
purchasing the liquor is obtaining th,
same for any other than the excepted
purposes, although he may have pre-
scription or shall have made the state
ment herein provided, or who shal
sell to any person under the influence
of liquor, or who is in the habit of be
coming intoxicated, or who shall allow
liquor sold as medicine or otherwise
to be drank his premises, or who shal
violate any of the provisions of thi,
act, shall be deemed guilty of a mis-,
| demeanor, and upon conviction there.
| of shall be fined in any sum not less
than one hundred dollars nor more
than five hundred dollars, and be i'm
| prisoned in the county Jail not les,
than thirty DAYS nor more than ninety
| days, and shall forfeit his permit Is
| sued under the provisions of this act
and for period of five years his right
to obtain permit; aud in all cases
| where forfeitures are provided under
the provisions of this act, the court
shall declare the same in rendering
judgment in the action.
| SEC. z. That section twelve of the
| act to which this act is amendatory
shall be aud the same is hereby
amended so as to read as follows: Sec
iion II. Ii shall be the duty of all
sheriff.. deputy sheriffs, constables,
marshals, police judges aud police Off
GERS of any city or town, having no.
tice or knowledge of any violations of
the provisions of this act, TO notify
the county attorney of the fact of such
violation, and to furnish him the
names of any witnesses with his
knowledge by whom such violations
can be proven. If any such officer
shall fail to comply with the provi-
sions of this section, he shall upon
conviction be fined in any sum not
less than one hundred nor more than
five hundred dollars, and such con-
viction shall be forfeiture of the Of
fice held by such person; and the court
before whom such conVictioh Is had
shall, IN ADDITION 10 the imposition OF
the iine AFORESAID, ofder ana auJ uuSe
the forfeiture oil MS SAID oilice.
SEC. 8. If the county attorney of
any county shall be notified by an Off
Ger or other person of any violation
of any of the provisions of this act, it
shall be his duty forthwith TO diiigent-
ly inquire into the facts of such viola
ton. and for such purpose he Is here
by authorized and required to issue
his subpoena for such person or per-
sons "a he may have reason to believe
have any information or knowledge
of such violation, to appear before
him at a time aud place designated in
such subpoena, then and there to les
tify concerning any violations of this
act: said subpoena shall be d rected to
the sheriff or any constable of the
county. and shall be served and re-
turned TO such county attorney in the
same manner rs subpoenas are served
and returned in criminal cases. Each
witness shall be sworn bv the county
attorney to testify the truth, the
whole truth, and nothing but the
truth, and true answer made TO all
questions which NAV be propounded
TO him by such comfy attorney touch
ing anv violations of the provisions of
this act, or the act to which this is
amendatory. The testimony of every
such witness shall be reduced 10 writ
ing and signed by such witnesses. As
in the taking of dispositions in civil
cases For all purposes in this section
the county attorney is hereby author
oaihs or affirmations To all witnesses,
and shall have power to punish anv
witness for contempt for or on ac-
count of any disobedience Of sub
poena, Il refusal to be sworn or an
swer rs a witness, or TO sign the testi-
mony, and may compel the attendance
of witnesses by attachment in the
same manner and with like effect as
provided in the code of civil proceed
ure. If the testimoney so taken shall
disclose the fact that an offense has
been committed against any of the
provisions of this act, the county at
torney shall forthwith file such state
ment, together with his complaint or
information against the person hav-
ing committed the ohense, in some
csurt of competent Jurisdiction. and
such Statement or testimony, together
with the information or complaint OF
such county attorney, when verified
by him on information aud belief.
shall have the same effect as if such
information or complaint had been
verified positively. And thereupon a
warrant shall issue for the arrest of
the person or persons named
in such information as in other.
criminal cases, ana IN addition thereto
shall command the ofhcer To
whom II may be directed, TO seize and
take INTO Ills custody, any ana all III
'oNicatihg liquors, seseeis ana bottles
'he same winch ne may
hiid III such persons possession, ana
saieiv Keep The same SUBJECT TO the
onher OF Tue court; provided 1he
sworn statement oil The witness or
witnesses. rs here'nbefore provided.
ana the complaint or information flled
oy the county attorney, shail partIcu-
larry describe the property 10 be
seiled, ana the pace where Kept; and
II upon the triai oil such person he
shall be convicted oil violating any OF
The provisions OF TINS act, The court