Western Kansas world. [volume] (WaKeeney, Kan.) 1885-current, 1885-03-28

violation OF the law Of 1881 cannot b Increased b.
the Law of 1885. druggist convicted and cen
fenced of first offen-e'' under the law OF lSS
would have the right to obtain permit issreto or
be grantee permit now notwithstanding IN
change in the law.
But druggists who prior to the amendment OF IN
Law had been convicted OF second or third Oh
tense, having already lost the right to obtain per
NIT for the period of five years or forever are no
relieved from such penalty by the amendment an
Section ten of the act OF 1881 defining what shall
be held to be Intoxicating liquors and section
eleven of that act relating TO the duration and tn
renewal of permits to druggists and manufacturer
are not amended or repealed.
Upon section ten you PROFOUND the following
"Does the aw intend that prepared medicines con
tanning sufficient alcohol to intOxicate when sold u
good faith as medicines and not Is beverages shat
be sold intoxicants upon statement or preecr1P
ton and statement a. in the case of hquorsr
The question depends upon q question Of fac
that they cannot be here determined. The following
quotation from the Intoxicating liquor cases x
Kan. ISL viii explain what I mean. Of tho com
pound preparation be such that the distinctive
character and effect Of intoxicating liquors are
gone, that It's use a. an intoxicating beverage +
gradients it is not within the statute" On
the other hand II the intoxicating liquor remain as
distinctive force In the compound. and such COM
eating beverage it is within the statute" The ee-
ment of good faith in the sale does not avail the
druggist if the jury decide that the compound falls
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 q prosecution
for such sale as violation here of finding this fact
against him.
The amendments of the act of 1881 by the act of
1885 do not weaken overturn any of the decisions
nf hp cOurt fho ORIGINAL
Section IL of the act of 1881 Is of the amended
sections, but the new section II (section of the
new law) is substantially the same as the original
section so far as it goes except that the penalty for
a violation of its provisions is increased.
Section thirteen of the act of 1881 is amended by
the section of the same number OF the act OF 1855
In the section all of the old section is reenact
ed, with the difference that places where tntoxicat
ing liquors kept for delivery are put under the
head of common nuisances, and the word
use" omitted from the description OF such
''By taking possession thereof and destroying all
intoxicating liquors found therein together with ali
signs, screens, bars, bottles, glasses and other
property used in keeping and maintaining said
nuisance" The penalty Is increased by the re-
moval Of the alternative of hne or Imprisonment
or the imposition of both The latter part of the
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-
main unchanged.
Section tWoQIy-O00 OF tu0 0CS OF x0ox - ameOO0O
by section fourteen of the act Of 1885. The
changes are that lit shall not DO necessary
to describe the place where sold, except In prosecu
tions for keeping and maintaining common nuts
ance, or where q lien Ia sought to be established
against the place where such liquors were illegally
Sold and that "t shall not be necessary in the frs:
instance for the state to prove that the party charged
did not have q permit to sell intoxicating liquors
for the excepted purposes;'' and that mo person
shall be excused from testifying touching any
offence committed by another against any Of the
provisions Of this act by reason Of his testimony
tending to eliminate himself 1.-THE witness); but the
testimony given by such person shall tn no case be
used against him.
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 1885
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
aminations of the witnesses summoned by the coun-
~ attorney to be public privatei"
Being er parte hearings and the statute not de-
CT ring otherwise am of the opinion that it is in
the discretion of the county attorney to conduct
such examinations In pubic or private as may best
advance the interests of Justice. the county attor
ney having power TO exclude all persons except the
witness testifying if he sees fit.
Under section ten you ask: What fee is the
county attorney entitled to have taxed costs in
prosecution for q violation of the law committed
prior to the enactment of the law of 1885 but pros
ecuted, tried and concluded subsequently there
to 2"
I 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-
pIoyes of express companies and other common
carriers violate any of the provisions of this act by
knowingly carrying OF delivering intoxicating liq-
uors shipped into the state from points outside of
the state to individuals for their private use"
If the liquors are consigned to the individuals to
be paid for delivery the common carrier and its
employees are the agents of the consignor to COM
plets the sale, and being a sale in the state for
other than the excepted purposes and by persons
not authorized to make sales for the excepted pur
poses the employees are undoubtedly violating the
law and 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
guilty of the offense prescribed BY section seven
teen of the act of 1885.
If the express office is place where intoxicating
liquors kept for delivery in violation of the law
Is declared by section ID of the act of 1885 to be
common nuisance, and the owner or keeper thereof
Is liable to conviction of the offence of maintaining
common nuisance, the penalty for which is pre-
scribed in the section last referred to.
Information under section seven of the amended
law will be sucien Mt If in the form used prior to the
sought to be established against the place where
such liquors illegally sold, 1t shall not be ne
cessary to describe the place where sold. Persons
who are 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.
Information under the nuisance section, in the
form used prior to the amendment with the change
of the word ''use" to delivery In cases where the
change Is applicable, will be sufficient
Informations under section nine for violations of
the law by persons having permit by selling in
manner or for purposes other than In the act pro-
vided will be sufficient used prior to the amend
ment In cases viii IN come within the amplifca-
tons Of what shall constitute offenses under this
section, different statement will be necessary to
make the information suit the exigencies of the
case
A new offense Is prescribed In section four as
amended by section three of the act of 1885 for
which q new form of Information will probably be
That Is IN the prosecution of persons
whose statement 90 made for the purpose of OBJ
tanning intoxicating liquors shall be false in any
matter or who shall sell or furnish any
of the liquors obtained te others as q beverage.
Your experience will guide you In drafting an In
to meet the case.
Likewise Q new form of information will be neces-
eary in prosecutions of q physician under section
three, amended BY section two of the act of 1885.
Very respectfully, 8. B. BRADFORD,
Attorney General
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