Dodge City times. [volume] (Dodge City, Kan.) 1876-1892, 1885-03-19
AN ACT

Amendatory Of and supplemental to chapter 14
tied IAN act to prohibit the manufscture anf
sale Of intoxicating liquors, except for medical
scientific aud mechanical pulpoS4s. and to reg
ulate the manufa; tuIe ana Sale thereof fof such
excepted purposes"
Be Il enacted By the Legislature Of the Slate Of Kas
S13
SECTION 1. That section of chapter 128 OF the
session laws of 1881 shall be and the same is
hereby amended 30 as to read as follows: Sc
ton 2 1t shall be unlawful tor any person OF per-
sons to SELL or barter for medical, sci ntlhc or
fermented, OF other intoxicating liquors, without
first having procured . druegsts permit therefor
from the Probate Judge Of the county wherein
such druggist may at the time 20 Going business;
and such PROBATE Judge is her, by author zed. In
his discretion, to grant druggists permit for the
period Of one year to any per on OF good moral
cha acter who is lawfully and in good lam en-
and who. in his judgment can be entrusted VIII
the responsibility selling raid liquors, for the
purposes aforesaid, in the manner hereinafter
provided. and may in his discretion at any time
revoke such permit In order to oetain q drug
gsts permit under this act. the applicant there
ior shall present to the Probate Judge OF the
business, petition signed by at least twelve
freehOlde1s having the qualifications OF elections
Of the to snship or city wherein such business ls
located, certifying that the sppl cant is person
the business of q druggist. 1t satisfied that the
petition is true, the Probate Judge may, In his
discretion. grant permit to the applicant to sell
intoxicating liquors tor medical mechanical and
scientific purpos, only: and such permit shall
be recorded upon the journal of The Probate
Court, and shall be posted in conspicuous place
before ii shall be of any validity. The Probate
Judge hall receive for his services the SUM of
five dollars. to be paid by the applicant.
SEC. 3 That seciion 3 Of The act to which this Is
ovn dofn ball ha md .ha 10 hnrn Inv
amended 30 IS to read as fellows: Section 8.
Any physician who is lawfully and regularly en-
gagged in the practice Of his Profession as bust
ness, and who, il Gaze Of actual ueed, shall deem
any of the liquors mentioned in section of this
act necessary for the health of his patients
may gve such patient written or, printed
the same birself But no such D, escription shall
be given, or liquors administered, except in case
Of actual need, and where in his judgment the
use of Intoxicating liquors is necessary: Ana
every physician who shall give such prescription,
or minister such liquors in violation OF this act
and every physician who shall give to or write
for any rsOn prescription tor intoxicating
liquors for the purpose OF epabling or assisting
any person to evade any of the provisions of this
act or for the purpose of enabling or assisting
any person to obtain any Intoxicating liquors for
any manner in violation of the provisions of this
act, shall be deemed guilty of a m sdemeanOr,
and upon conviction thereof shall be punished
by fine of not less than one hundred dollars nor
meEt in the county Jail not less than ten days nor
more than ninety days.
SEC 8. That section four of said act. to which
this is smendatory. shall be and the same is here
by amended so as to read as follows: Section l.
Any Druggist having permit to sell intoxicating
liquors under the provisions Of this act, may sell
he same for medical purposes upon the written
Dr. printed prescription, made and signed by q
physician lawfully practicing his profession in
the county wherein such druggist carries on his
business, and such written or printed statement
No., n Oh,
tOXicating liquors for medical and scientific pur-
poses, only upon the written or printed statement
# the applicant, setting forth the particular pur.
pose for which such liquor is required, the kind
and quality desired, and that it is not intended
for beverage nor to sell or give away; and when
desired for medical purposes, the said written or
r,nted statement shall con ain the foregoing par
iculars, and in addition thereto shall state that
the liq1or is necessary, and actually needed tor
medical use for the patient to be named, and
here 81 all be but one sale and but one delivery
irugg stshall permit the drinking on his prem
ses of liquor purchas ed by prescription or other
wise: PrOrited That such druggist shall be Per-
nited to sell TO any regular practicing ply scian
who is engaged in the practice of his profession
any of the liquors above named upon his written
or printed atement that said liquors will only
be used for medical purposes The statements
provided for in this section snail be signed by The
,pplic sht, in each case in the presence of and
,ttested by the druggist to whom they are
presented and shall be retained by such druggist
ma at the end of every thirty days, or within
that time, sail statements and prescriptions, to-
gether with the druggists affidavit that the liquors
herein mentioned are all the intoxicating liquors
Old by him during the month, shall be filed by
MS permit, where they shall be safely kept TOR
TWO year from the date OF said fling. Every
rsOn whose statement SO made for the
purpose of obtaining Intoxicating liquors
,ail be false in any material matter or who shall
sell or furnish any Of the liquors theron OBJ aimed
to Others as a .versge. shall be deemed guilty of
a lnisdemeanor, ard upon conviction thereof
hall be punished by fine of not less tnan one
hundred dollars MOI more than FIVE hundred dol
lars, and by imprisonment in the county Jail not
less than thirty days nor more than ninety days.
Every such druggist shall keep a book wherein
shall be recOrGed all sales Of intoxicating liquors
made by him. showing the name and residence
Of the purchaser, the kind and quantity of liquor
sold, the purpose for which it was sold, the date
of each sale, and If upon prescription, the name
# the physician making the same. Such record
and pre- criptiOns shall be open to the examina-
ton of the public at all reasonable times during
business hours
SEC. 4. That section of the act to which this
is amendatory shall be amended SO as to read as
follows: SEC. Z. ANY person without taking out
and having permit 10 sell Intoxicating liquors,
provided III this act, or person not wtully
anu in good faith engaged in The business of
druggist, who shall directly or indirectly sell
barter any spirituous malt, vinous, fermented or
other intoxicating liquors, shall be deemed
guilty If ms1emeanor, and upon conviction
thereof shall be fined in any sum not less than
one hundred collars nor more than five hundred
dollars and be imprisoned in the county iail not
less than thirty days nor more than ninety days.
SEC. 5. That section of the ~: to which this
Is amendatOry Shall be amended SO as to read as
follows: SEC. 8. Any person without taking out
and having permit TO manufacture Intoxicating
liquors, as provided in this act, who shall manu-
falture, or aid or assist or abet in the manufac-
ture of any OF the liquors mentioned in section l
of this at, shall be deemed guilty of q INSIDE
u eanor, and upon conviction thereof shall sufftr
the same punishment as provided in the last-pre-
ceding 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, OF
the sale OF wine for communion purposes.
SEC. That section nine of this act to which
this ie amendatory shall be amended so as to read
as follows: SEC. 9. Every person having q permit
to sell intoxicating liquors. or to manufacture and
this act, who shall sell or barter such LIQUORS in
any other manner or for any other purpose than
in This act provided. or who shall barter or sell
the same TO any other person when be has reason
to believe that the person purch asing the liquor
II Obtaining the same for any other than the ex-
cepted purposes although he may have q pre-.
scription or shall have made the statement herein
provided. or who shall sell to any person under
the influence of liquor, or who is in the habit of
becoming intoxicated, or who shall allow LIQUOR
sold o. medicine or otherwise to be drank on his
Ions Of this act, shall be deemed guilty Of mis-
demeanof, and upon conviction thereof shall be
nned In any sum not less than one hundred dol
lATS nor more than i've hundred dollars, and be
Imprisoned in the county Jail not less than thirty
days nor more than ninety days. and shall forfeit
his permit issued under the provisions of this act
and for period of five years his right to obtain
v1ded 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 il amendatory shall be and the same is
hereby amended 20 40 to read a. follows: Section
II It shall be the duty Of all Sheriff. Deputy
sher1m. Constables, Aarshals, Police Judges, and
Or knowledge Of any violations Of the d -ovisions
OF this act, TO notify the County Attorney of the
fact OF such violation, and to furnish him the
names Of any witnesses within his knowledge By
whom such violation can be proven. If any such
officer shall fail TO comply with the provisions of
this section. he shall upon conviction be fined In