The DeSmet leader. (DeSmet, Kingsbury Co., Dakota [S.D.]) 1883-1891, 1890-03-15

the prohibition law which finally
passed the legislature and has been
signed by the Governor. Everyone
should preserve IL copy for future
reference:
BILL
For an act to Prescribe Penalties for the unlaw-
full Manufacture, Sale and keeping for Sale
Intoxicating Liquors, and TO Regulate the
Sale. Barter and Giving Away Of such Liquors
for Medical, Scientific and Mechanical Pur-
poses.
Be IL Enacted by tue Legislature Of the State OF
South Dakota;
Section l. ANY person. association or corpor-
alton, who shall within this State. directly or
indirectly, manufacture any spirituous, malt,
yinous. feTmented or other intoxicating liquor,
or shall import any of the same for sale or bar
ter n n beverage, shall keep for sale or sell
or offer for SALE barter or trade any OF such in
toxicating LIQUORS, as n beverage, shall for the
first otense be deemed guilty OF misdemCanor,
and upon conviction thereof shall he fined In
any sum not less than 800 nor more than $500,
and he imprisoned in the county jail not less
than Hlxty days nor more than six months, and
n trial and conviction In any Court shall constI-
tute the tirst offense: and for the second and
every successive offense; shall be deemed guilty
OF q felony, aud be punished by imprisonment
In the state prison for period of one wear; Pro-
yided that registered pharmacists under tie
for medicinal. mechanical, sacramental and sci
entihc purposes as herein provided.
Sec. 2. II shall be unlawful for any person
or persons 10 sell or barter, for medical scien-
tshc, sacramental or mechanical purposes, any
malt, viuous spirituous, fermented or other In
toxicatinG ltIuors. without first having procur-
ed q druggists premit therefor from the county
judge OF the county wherein such druggist may
he doing business NJ tho time; and such county
jndge Is hereby authorized, In his discretion,
TO grant druggist permit for the period OF one
wear, TO any person Of good moral character who
In registered pharmacist under the laws OF
this state and lawfully aud in good faith en-
Rnged In the business OF q druggist In his coun-
". and who In his Judgment can be entrusted
with the responsibility Of selling such liquors
for the purpose aforesaid IN the manner herein
after provided In order TO obtain a druggist
permit uadcr this act, the applicant shall file
In the ONCE OF the county Judge OF the county
wherein he II doing business, not loss than
thirty days prior To the hearing thereof, petit
tion signed by the applicant and twentv-five
reputable free holders having the qualifications
of electors OF the township, town, city or ward
NJ any city having 1000 or more inhabitants.
and twenty-five reputable woman over 81
years OF age who were residents OF the town
ship, town or city, Wherein such bust
ness IL located, setting forth first the
city, town or township and particular
place therein where such business is located,
and that the applicant IL person OF good moral
character, and does not use intoN NicattDR liquors
al beverage. and can be intTusted with the
seseonsibility 81 selling the same; second, that
said applicant is q pharmacist IS aforesaid, and
is lawfully and In good faith engaged personally
In the business Of druggist the proprietor
90 one OF the propri"tors thereof et the place
designated In the petition and we'll Versed in
the profession: third, that said applicant has In
his said business, exclusive Of Intoxicating
liquors and fixtures, or the hrm or corporation
OF which he is q meInber q stock of drugs, OF
the value OF at least $500. Provided that IL any
town or township contains fewer than IseventV-
ave persons over 2l years Of age, then fifteen
men and fifteen women possessing the afnre-
said qualifications shall be deemed a sufficient
number of slRpers 70 said petition. Before any
such petition shall he heard, Rny permit is
sued TO such applicant. he shall publish. for at
least thirty davs next prior thereto, notice In
some newspaper in the township, town or city
where such business is located or IL none be
published therein. then In SEINE paper of gensr.
al circulation in the county, stating the time
and place sat by such Judge for the hearing Of
such petition. The applicant shall be required
TO prove the truthfulness Of each and every
statement contained ia such petition, and
the states attorney OF such county
county may appear and cross examine the witt
nesses of tho applicant. aud may introduce evil
dence in rebuttal or the evidence offered bv the
applicant III satisfied that the signatures Of
such petitions were signed by such persons. and
that such petitioners are free holders or citizens
Of ruch township. town. city or ward, ~ above
EXPRESSED: and that the statements tn such petit
tion are true, the county judge may In his de-
erection, grRnt.a premit to the applicant TO sell
intoxicating liquors for medical, mechanical,
sacramental and scientific purposes Ouly; and
x said permit shall be- recorded upon the journal
uf the county court and q certified copy there
OF shall be posted IN q conspicuous place Ia the
store wherein said business Is carried on before
a. shall be of any validity. Before such permit
shall be Of any:yalidity, such druggist shall fIe
with the county judge. to DO approved by him q
good and sufficient bond TO the state nf South
Dakota In ths sum Of one thousand dollars, con-
ditioned that such applicant, corporation or
firm and no one In his or its employ will either
hsH, SELL barter or give away any Intoxicating
liquors in violation Of law, aud on violation Ot
the provisions OF said bond the same shall there
bv become forfeited: and the conviction or such
pharmacist or any ono in his employ shall be
deemed prina facie evidence of such violation.
Any applicant or any citizen feeling himself az
Rreived by the decisions OF the county judge.
nIav. within ten davs thereafter, npon hling q
bond made payable TO the state OF South Dakp-
ta. in the sum Of $50, to be approved by the
county iunge, conditioned that he will prose
cute the same 70 it's speady determination, aud
pAv The costs occssioned by such appeal IN the
prosecute the essss upon sppeal to hs s,r,
NJ court The procedure in any case taken on aI,-
p.al TO the circuit court from the order OF thC
county Judge shall be as prescribed by Article
OF Chapter II OF tie probate code Of thG
territory OF Dakota. 20 tar as applicable and
case oL pli. 2I eSneptlons may be made
thc circuit court shall find that tho county
Judge has abuled his discretion. IL shall have
power 10 cause The county judge 10 comply
county judge shall bs by the ciTcuit court
affirmed. No appeal shall be allowed from the
order of the circuit court. IL the order OF tho
county judge shall be reversed, the costs shall
be paid by the county. II at any time there
shall be filed with the county judge a petition
verified by the affidavit Of two reputable citi.
zens. residents Of the city, town or township In
which the business OF the druggist Is carried on
stating that any druggist. naming him, who
In good faith conforming to the prUvislons o.
this act, such county Judge shall issue an order
directing snch druggist to show canse, why
order shall be Ieturnable within ten days from
date OF issue thereof. On the return OF such or.
der 10 show cause the question OF the cancela-
tion OF such permit shall be considered. Sncl
examination shall DO conducted in the same
manner In all respects rs provided for the hear.
inG Of the original petition for granting such
permit. and such county judge shall, II there
are reasonable grounds for believing such drug.
Rist Ia not In good faith carrying out ali The
appeal NAV be had from the decision Of .nch c
county Judge 20 the circuit court as herein pro,
vided for appeals from the application for a
permit provided the permit OF snch drugGis,
decided IL any county judge shall Issue q per
init 70 any person not registered az pharma.
cist. or shall knowingly grant the same 20 4
a person Ia the habit OF becoming Intoxicated. q,
moi In good faith engaged In the business OF Z
n druggist ~ proprietor thereof, he shall bS
oonviction shall be punished by 4 tine OF mol
N less than $500 nor more than 81 600 and H
any person shall sign the petition, NJ provided
herein. OF an applicant known by such person
20 be In the habit OF becoming intoxicated, oI
not In Rood faith engaged In the business OF
druReist. he shall be deemed guilty Of n uisde,
meanor. and upon conviction shall be punished
by ine cf not less than $50 nUr more thar
SlOO.
Sec. 3 Any pby sician who is lawfully a1C
rckularly enEased in the practice OF his probes
sion AZ 4 business. and who In case Of aetna
reed. ehAn deem any intoxicating liquors Doc
N. eNsary fof the health OF his patienta may civ,
: 1,rh patient q written or prEted preacriptiof
|tfefoT, or may administer the same himself
n 10 such prescription shall be given, O
M &dminiatered except 90 case Of aetna
" nhKxn Ia hts actEni Judgment th
~. - 1fk.tE f.na a. ma kF.s
tsr M "a ikls iNiRil give much preacrip