The Black Hills union. [volume] (Rapid City, Pennington County, Dakota [S.D.]) 1889-1904, 1890-04-25
THE TEMPERANCE LAW
FULL TENT OF SOUTH DAr-OTA's
MEASURE FOR PROHIBITION.

Sale, Barter and Giving Away Of such Liquors
for Medical. sci. ntihc and Mechanical Pur-
poses.
Be it enacted by the Legislature of the State of
South Dakota:
SECTION J.. Any person. association or colpor-
alton, who shall within this state, directly or
Indirectly, manufacture any spurious, malt,
vinous. ferlnented or intoxicating hluor. or
shall import any OF the same for sale, or gift as
a Leverage. or stall keep Tor sale or git. tarter
or trade. any of such Intoxicating liquors as g
shall for tue frat otfense be deemed
guilty Of a misdemcanor, and upon conviction
thereof shall be lined in any sum not less than
5000 nor more than Sl,Ooo, and be imprisoned IN
the county jail not less than four months nor
more than one year. and a trial and CONVICTION
in any court shall constitute the first offense;
s snan 5 ha t dss see1n su anu : o efe q ie1 Hu iye and pu uaehsI
by imprisonment IN the state prison for a
period not exceeding two years and not less
macists under the laws of this state may sell
intoxicating liquors for medicinal, mechanical
and scientific purposes as hereinafter pro-
vided.
persons to cell or barter for medical, scientific
or mechanical purposes. rny malt, vinous.
spirituous. fermented or other Intoxicating
liquors, without fret having procured a drug:
gists' permit therefor from the county Judge OF
the county wherein such druggist may be doing
business at the time and such county judge IS
hereby. authorized. in his discretion, to grant q
druggist permit for the period of one year, to
any person Of a good moral character who is a
registered pharmacist under the laws OF TINS
in the business Of a druggist in his county. and
who in his Judgment can be entrusted with the
1 na4masa sfatss Oh sG III age sa mnnl agpo sere aGl tas
provided. In order to obtain q druggists' per-
NIT under this act, the applicant shall file in
wherein he is doing business, not less than
thirty days prior 10 the hearing thereof. q petit
ton signed by the applicant and TWENTY-FIVE
reputable freeholders having the qualifications
OF electors OF the township or ward OF any city,
and twenty-five reputable women over p years
of age who are residents Of the township, or
city, wherein such business is located, setting
forth: First, the oity or township and partiou-
lar place therein where such business is 10.
Gated, aud that tho applicant is a person OF
trusted with the responsibility Of selling
the same; second, that said applicant
is a pharmacist as aforesaid, and IS
lawfully and in good faith engaged per-
sonally in the business of a druggist us the pro
petition. and WILL versed in the profes sion {;
third, that said applicant has in his said bust
ness, exclusive of intoxicating liquors and fx-
value of at least 81, 900. and il elsewhere Of the
value of ut least $500. Before any such petition
shall be heard or any permit issued to such ap-
plicant. he shall publish, for at loast thirty
days next prior thereto, q notice in some news
paper in the township or city where such bust
ness is located. or If none be published therein
then in some paper of general circulation in
the county, stating the time and place set by
such Judge for the hearing Of such petition.
The applicant shall be required to prove the
tanned in such petition. and the states attor-
ney OF such county shall, and any other citizen
The witnesses Of the applicant, and may intro
duce evidence in %rebuttal OF the evidence Of
fered by tue applicant. Il satisfied that the
by such persons, and that such petitioners are
free-holders. or cltizens of such township. city
or ward, as above expire ssed ana that TIE
| atnfanIaOtg i'll HuCh DetitiOn uro true. the
grant a permit to he applicant to sci intoxi;
scientific purposes only; and such permit
shall be recorded upon the journal OF the
be posted in a conspicuous place In the store
wherein said business is carried On before it
shall be of my VALIDITY. Before. such permit
shall be OF any validity, such druggist shall
file with the county judge, to be approved by
him n good and sufficient bond to the state OF
South Dakota in the gum of 81 ,0Oo, conditioned
that such applicant and any one in his
employ will neither use, sell, harbor oe
give away any Intoxicating liquors In viola
ton to law and on violation ton OF ne prGv; sioms
forfeited and the conviction OF such pharma-
cist or any one in his employ shall be deemed
prima facie evidence Of such violation. Any
applicant or any citizen feeling himself ag-
grieved by the decisions Of the county Judge,
may. within ten days thereafter. upon filing a
county Judge, conditioned that he will prose.
7s tho c sSses 5sdsss s ,sS8saA sy qss as% apsssa /. a N;
order of the county judg, shall DO sustained
prosecute the cnUse upon appeal to the distrtc
court. The procedure i'll any case taken on ap
peal to the district court from the order of thu
3 s0 OF oSs apsse - sn Of t be d pro Raasee oods Of y shs es eom
piled laws of Dakota OF 1887 SO fur "a applicable
and q case or bill Of exceptions may be made
signed and certified by the county judge. nth
district court shall find that the county iudg
has abused his discretion, it shall have pow e
to oause the county Judge to comply with i,
S,11 nm M nthnru-inA tha r1n n . tIa ao,,,,f
Judge shall be by the district court affirmed
No appeal shall be allowed from the order G
the district court. If the order OF the count
judge shall be reversed, the costa shall, he pal
by the county. II at any time there 81: II b
filed with the county judge a petition veritie
by the affidavit Of two reputable citizens, res
dents OF the city, ward or township in who
the business OF the druggist is Carried on stat
ing that any druggist. naming him, who has
permit to sell intoxicating liquors, is not j
good faith conforming 10 the provisions o. thi
act, such county judge shall issue an orde
directing said druggist to show cause why sal
permit should not be cancelled, which ordd
shall be returnable within ten days from tn
date OF issue thereof. On the return of sue
order to show cause the question Of the canoe
lation of such permit shall be considered
Suoh examination shall be conducted IN til
same manner in all RESPECTS as herein provide
for the hearing of the original petition for gran
ing such permit. and such county judge shall. 4
there ale reasonable grounds for believing sue
druggist is not in good faith carrying out all til
An appeal may be had from the decision {
such county judge to the district court a
herein provided for appeals from the applica
druggist shall be imperative till such appef
is finally decided. If any county Judge sha
issue a permit to any person not registered a
q pharmacist, OF shall knowingly grant til
Hame TO a person IN the habit of becoming X
toxieated, or not in good faith engaged in tn
business of a druggist as proprietor thereof, Ii
shall be deemed guilty of a misdemeanlr, an
upon conviction shall be punished by o hne {
not less than $50 nor moro than $1,000; and
any person shall sign l. the petition, Is provide
be in the habit Of becoming intoxicated, or 70
in good faith engaged in the busines OF . drug
gist, he shall be deemed guilty. OF q misde
meanor. and upon conviction shall be punishe
by q tine of not less than $50 nor moro tina
500. Before tho petition Of q druggist for
heard by the county judge the applicant shal
pay n fee OF SIS to the county judge. WHO shal
pay the same into tn. county treasury on q
before the first da? of the following month 10
the benefit of the general revenue fund.
SEC. 3. Any physician who is lawfully an
regularly engaged in the practice of his profes
sion as q business, and who ip case Of aetua
need, shall deer any Intoxicating liquors nee
essary for the health of his patients, may Civ
such a patient q written OF printed prescription
ticuiar disease FOR which it is given, or may I'D
minister the same himself. but no such pre-
scription shall be given. orliquors adminIstere
Judgment, the use Of intoxicating liquors /
necessary. And every physician who shall
give such prescription OF 4dmi91steF sHol
liquors in violation OF this act, and every ply
sician who shall give to or write for any persol
a prescription for Intoxicating liquors for tn
purpose Of enabling ar assisting Rpy person t
obtain any Intoxicating Liquors Tor Hse As
beverage. or to be sold OF disposed Of in Pm:
manner, in violation OF this provision OF thi
act, shall be deemed guilty of a misaemeaDoi
and upon conviction thereof shall be prnishe!
by q fine OF not less than $500, nor more thai
$500. and by imprisonment Ia the county jai
not less than thirty days nor more than 81
months.
SEC. 4. Any druggist having a permit to sci
Intoxicating liquors under the proyiaions 2
person, or by a clerk who is a registered phar
meeist or assistant pharmacist under the law
OF tho stste. for medical purpises only. upo.
the printed or written application Of the app
cant. setting forth the particular medical p9r
kind and quantity desired; that it II necessar.
and aotually needed for th, particular RuFpos
intended for a beverage. pof to sell OF civ,
away, that the applicant, is over 81 years Q
age which affidavit shall bs in the followll
form and apbscribed by the applicant in ink: