Dodge City times. [volume] (Dodge City, Kan.) 1876-1892, 1885-03-26

The question 0epenM upon q question Of fac
that they cannot be here determined The following
| quotation from the Intoxicating liquor coses
Nan 9 d. VIII EXPLAIN VIVA. mean Fan. . tns com
| character and effect of intoxicating liquors are
gone, that its use as an Intoxicating beverage is
practically impossible reason Of the other IN IN
the other hand If the intoxicating liquor remain as
distinctive force In the compound. and such COM
pound is reasonably liable to be used as an in,o1i-
eating beverage it is within the statute" The ele
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 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
of the supreme court constituting the original act
Section II of the act of 1881 IL of the amended
sections, but the new section II tsection of the
new law) is substantially the same the original
section far 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 1885,
In the section all of the old section is re-enact
ed, with the difference that places where intoxicat
ing liquors are kept for delivery are put under the
head of common nuisances, and the word
places. The method of abatement i explained l. e.
by taking possession thereof and destroying all
intoxicating liquors found therein together with all
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 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-
main unchanged.
Section twenty -one of the act of 1881 is amended
by section fourteen Of the act OF 1885. The
changes are that lit shall not be necessary
to describe the place where sold except In prosecu
lions for keeping and maintaining q common nuts
ance, or where o lien is sought to be established
against the place where such liquors were illegally
sold and that t shall not be necessary in the first
instance for the state to prove that the party charged
did not have a 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 crimnate himself (the witness; but the
testimony given by such person shall IN 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 10
above.
Under section eight you inquire: Are the
aminations of the witnesses summoned by the coun-
" attorney to be public or private?'
Being er parte hearings and the statute not de-
cl ring otherwise am Of the opinion that it is in
the discretion of the county attorney to conduct
such examinations in public or private as may hes:
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 as costs in
q pro -ecutioi for violation of the law committed
prior to the enactment of the law Of 1885 but pros
ecuted, tried and concluded subsequently there
to ~
am of the opinion that he is entitled to the fee
provided by the new law.
And as a final question 1t is asked do the en-
carriers violate any of the provisions of this by
knowingly carrying or 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
plete the sale, and being 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 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 1885.
If the express office is place where intoxicating
liquors are kept for delivery in violation of the law
it is declared by section 13 of the act of 1885 to be
common nuisance, and the owner or keeper thereof
is liable to conviction of the offence OF maintaining
q 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 sufficient If in the form used prior to the
amendment, although in cases where a lein is not
sought to be established against the place where
such liquors we're illegally sold, it 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.
Infornations under section nine for violations of
the law by persons having q permit by selling in
manner or for purposes other than In the act pro-
vded will be sufficient rs used prior to the amend
ment. In cases which come within the amplifica-
tions of what shall constitute offenses under this
section, different statement will be necessary to
make tine information suit the exigencies of the
case.
new offense is prescribed in section four as
amended by section three of the act of 1885 for
which a new form of Information will probably be
necessary. That Is In the prosecution of persons
whose statement SO made for the purpose of OBJ
tanning intoxicating liquors shall be false in any
material matter who shall sell or furnish any
of the liquors obtained to others as q beverage
Your experience will guide you in drafting an in
formation to meet the case.
Likewise new form of information will be neces-
cary in prosecutions of physician under section
three amended by section two of the act of 1885,
Very respectfully, 8. B. BRADFORD
Attorney General.