Audubon County Republican. [volume] (Audubon, Audubon Co., Iowa) 1885-1894, 1888-04-26

except as shown b. the requests herewith re
turned and that have faithfully observed and
complied with the conditions Of my bond and
oath taken by me thereon endorsed and with
| all the laws relating TO my duties In the prem
ses.' Every permit holder eh3u keep a strict
account OF all liquors purchased or procured
by him in a book kept for that purpose which
shall be subject at al times 70 The inspection
OF the commissioners Of pharmacy and the
| county attorney, any GRIND Juror or peace Off.
| Ger of the county, aud such book shall show of
whom such liquors were b.rchascd or procur-
! ed, the amount ana kind Of liquors
purchased or procured, the date Of
| receipt and. amount sold and
amount used in compromising medicines, tine
| lures and extracts amount on hand of each
| kind for each month, such book shall be pro
duced by the party keeping the same, TO be
used as evidence on the trial Of any prosecu-
| ton against him or against liquors alleged To
have been seized from him or his house, on
| notice duly served that the same will be re
| quircd as evidence, and at the same time he
| returns requests to the county auditor be shall
| file a statement Of such account with such au-
| dtOr except that the items Of sales need not
be embraced therein, but the aggregate
! amount of each kind shall be- aud such state
ment shall be verified before the county audi
| tor or notary public. All forms necessary 90
| carry out thu provisions Of This act, not other
| wise provide for, shall be as may be provided
by the commissioners Of pharmacy
Ne -
under this act, shall be subject to all the pen
alties, forfeiturcs and judgments and may be
| prosecuted by all the proceedings and actions,
criminal aud civil, and whether ~ law or in
| equity provided for or authorized by the laws
| now or hereafter I'm force for any violation OF
this act, and the act for the suppression of in
| temperance and any law regulating the sale
Of intoxicating liquors, and by any or all Of
| such proceedings applicable to complaints
| against such permit holder; and the permit
! shall shield xXln obIIspa the
| trust imposed by it or violates the laws afore-
| said, and in case of conviction in any proceed
ing, civil or criminal, all the liquors in posses
| sion of the permit holder shall by order of the
| court be destroyed
On the trial of shy action or proceeding
! against any person for manufacturing, selling
! giving away or keeping with intent 10 sell In
| tOXiCating liquors in violation Of law, or for
any failure to comply with the conditions or
| duties imposed by this act, the requests for
liquors aud returns made to the auditor as
| herein required: the general repute of the ac-
| cuscd and his place Of business and manner OF
| conducting the same, the quantitya and kinds of
| liquors sold or kept purchased or disposed of,
| the purpose for which liquors were obtained by
or from him and for which they were used, the
| character and habits of applicants for liquor
! and their general repute as to habits of sobriety
| or otherwise, shall be competent evidence, and
| may be considered so far as applicable to the
| particular case with any other recognized, com
| peteut and material facts and circumstances
| bearing ON the issues involved I'm determining
| the ultimate facts. In any suit, prosecution or
| proceeding for violations of this act or the acts
| for the suppression of intempprancc and act
| amcndatOry thereof, the court may compel the
| production IN evidence of any books or papers
! required by his act to be kept, and may com
| pei any permit holder, his clerk or any person
| who has purchased liquors of either of them to
| appear aud give evidence, and the claim that
| any such testimony or evidence will tend t.
| crimiuate the person giving such evidence shall
| not excuse such person or witness from testify
| ing or producing such books or papers in evil
| dcncc; but such oral evidence shall not be used
| against such person or witness ON the trial Of
! any criminal proceeding against him Any
| number of distinct violations of this act may hc
| charged in Que indictment in different counts
and all tried in the same action. the Jury spcci-
| fying the counts il any, on which tie defend
! ant is found guilty.
See. l5.-Rcgistcrcd pharmacists conducting
| pharmacies and not holding permits and man
! ufaCturers OF proprietary medicines are hereby
| authorized to purchase OF permit holders in
| the counties OF their residence intoxicating
| Qiquors not including malt) for The purpose OF
| compromising medicines, tinCturCs and cx-
! tracts that cannot be used as n beverage Said
| permit holders shall not charge such registered
! pharmacists over ten per cont. net profit Tor
| liquors so sold, such purchasers shall keep "a
| record Of uses To which the same are devoted
| giving the kind and quantity used, and on
| or before the tenth day Of each calendar month
| they shall make and file with the county aud
| ltOr sworn rcpOrtS for the preceding calendar
| month"; giving full and true statements of the
| quantity and kinds of such liquors purchased
| and used, the uses to which the same have
| been devoted and giving the names of the
| permit hOldC Of whom the some were pur-
| chased, and ta dates aud quantities so pur-
| chased, together with an invoice OF the amount
| Of each kiud stiil in stock and kept for such
| compromising. The commissioners of phar-
macy are her by empowered and directed 10
| make further rules and regulations regarding
] the quantity Ni Intoxicating liquors 10 be kept
| in stock by such pharmacists ut any one time,
| and such further rules and regulations with re-
| spcct to the purchase, use and keeping of such
| liquors rs they may deem proper for the pre-
| ycntiun Of abuses of the trust rcpOScd in such
| purchasers, and IL the said registered pharna-
! cSt sell, barter, give away, exchange or In any
| manner dispose Of said liquors, or use the
| same for any purpose other than authorized in
| this section, he shall upon conviction before
any district court thereof forfeit his certificate
| Of registration; and he liable 30 all the penal
| ties prosecutions and proceedings ut law or In
| equity provided against person selling with
| out permit, and upon any such conviction
| the clerk Of the district court shall within ten
| days after said judgment or order transmit To
the commissioners Of pharmacy the certified
| record thereof, upon receipt OF which the COM
| mission shall StrikChis name from the list Of
| pharmacists and cancel his certificate, proyid-
! cd that nothing herein contain, shall be con
| any preparation or compound under any name,
| form or device which may be- used rs bcYcr.
| age and which Is Intoxicating in its character
See. ia permit holder may employ not
more than two registered pharmacists "a
clerks 10 sell intoxicating liquors in conforml-
| iy TO the permit aud provisions of this act,
but in such case the acts Of his clerks In con
ductiGg the business shall be deemed the acts
Of the permit holder who shall be liable there
for as IL he had personally done the acts and In
making returns the vcriiiCation of such re-
| quests as may have been received, attcsted and
| tlled by clerk must be made and the clerk
| who transacted any Of the business under the
| permit must Join in tho general oath required
| OF the employer so far as relates 10 his own
| connection Herewith.
| II for any cause a registered pharmacist who
| holds permit shall cease To hold valid and
| subsisting certificate of registration or renew
| al thereof his permit shall thereby be forfeited
| and be null and void.
| Sec. Amy person holding a permit In
| force when this act takes effect NAV continue
! 10 purchase, keep and sell Intoxicating LIQUORS
| according to the laws under which his permit
was given until such time As Il permit can be
| obtained under the provisions Of this act but
all such permits shall expire on the first day Of
| October, 1888
Sec lS.-lf any person shall be convicted OF
| violating any Of the provisions OF this act or
| OF the acts regulating the practice of pharma
| cy or any acts for the suppression Of, intern
| pcranCC or amendments thereto by reason Of
| prosecution by the commissioners of pharna-
| cy all fines so imposed aud collected shall he
| paid into the county treasury of the
| proper county for the use Of the school
| fund, and the commissioners Of pharmacy