The Black Hills union. [volume] (Rapid City, Pennington County, Dakota [S.D.]) 1889-1904, 1890-04-25
state Of south Dakota, s.

.'.. name Is county. state Of INA. ! .sslaG
required by myself issii 70 be used fol-.
urposes to be used for ....... that It
e not Intended for 2 beverage. nor to sell nor
give away. and that / am over 81 years of
age. therefore make appli, alton to. ..........
druggist, Tor said LIQUOR
Subscribed In my presence and sworn to be-
fore M this ..... day f........ ........
Pharmacist.
And there will be but one sale ana one de-
shall permit the drinking on his promises nor
in any apartment. connected therein, and I'M
der his control, any OF the intoxicating liquors
purchased by affidavit or otherwise.
Provided, such druggi.t shall be permitted to
sell any OF the liquors mentioned herein, in
quantities rot less than one gallon to any
provided in this act. The ahidavits provided
for In this section shall be made before the
pharmacist or assistant pharmacist making
which 1t is hereby male the duty Of the county
auditor OF tn county in which such sales are
made to furnish to such druggist att cost equal
~ hjm sue s SSlu aia nha s nsies ha + s o%isay ., n 11 eae ~
numbered from l to 100 consecutively, and
bound In book form, each series being Of uni
blanks Of til, same series shall be Of the same
number. 1t shall be the duty of the county
auditor to endorse each such book with the
a ascs o. ind avi,sery anu and 20 at W fast I'M i,aa san' 70 w sigh
his official seal, and to keep two exact printed
copies, except as TO nlmbers, Of the blanks OF
each SOL lies, one of which shall be filed In his
office and one in the office of the county Judge 3;
he shall also keep u record Of the series and of
the number OF each series, OF such blanks fur
nished to each druggist, and shall, within ten
days att or the same are delivered to such drug
gist. file a copy thereof, together with q copy of
the blank athdaNits, in the office Of the county
3 Goagtv OF and Ms y s s1.1 MY w. f e1;i, su99 70 service y fss Of me Ne
cents for each series of blanks SO furnished. to
be paid by the druggist obtaining such blanks.
All pharmacists and assistant pharmacists are
hereby empowered to administer oaths for the
purposes of this act, and no such affidavit shall
be received by any pharmacist or assistant
pharnaciat until it shows on its face that 1t has
been properly subscribed and sworn to by the
applicant. The a.iidavits provided for In this
section shall be retained by the druggist in the
original book form, and on or before the first
day OF each month shall, together with the af-
fdavit of such druggist that the liquors therein
mentioned are all the intoxicating liquors sold
by him during the month, except the liquor
sold to other druggists to be filed in the. office OF
the county Judge who issued his permit. where
they shall'bc safely kept :or the period Of two
wears from the date of fling. Before said atti-
davits shall be received or filed by said county
judge he shall make strict examination of the
copies OF affidavi;s and record of numbers
thereof furnished him by the county auditor,
and ascertain whether such druggist has re
turned al atfdlvits furnished him in blank by
the county auditor; and if any such affidavit OF
blank is missing, said county Judge shall re-
| AuilSd q v IL VI 1 ~ ho LA
affidavit showing as nenr as he cnn what has
be ONE OF said affidavit or blank. And any
person having a permit to sell Intoxicating
liquors under the provisions OF this act shnl
each month, at the time he fles the affidavit
herein provided for. also file with the county
judge an affidavit setting forth the amounts
which such person or firm Of which he is
member has on hand on the day such affidavit
is made, as we'll as the. amounts and kinds o
liquors he has purchased or procured durinI
the preceding month and the name or names o
the persons, companies or corporations an
their place of doing business. from whom, an
chased or procured. For each series Of afida
Wits filed under the provisions of this at TIN
county Judge shall collect $3.50 from the drug
Part thoreof for the number filed, which shall
be laid by him on the first day Of ench month
into the county treasury for the benefit of TIN
made for the purpose of obtaining intoxicatinl
liquors shall be fa'ae in any material matter
shall be deemed guilty of perjury. an shall b.
punished by confinement and hard labor in thu
state prison for a period not exceeding two
years. or by confinement in the county jail no
less then six months. Amy person who shal
own name to any affidavit for the purpose OF
obtaining Intoxicating liquors as provided
fourth degree, and punished therefor byimpris-
onmsnt in tho state prison not exceeding two
years and not less than one year. Any person
who shall sell or furnish any intoxicating liz
uors SO obtained by him upon affidavit or GER
tifcate, to Others as IL beverage or shall use the
same as u beverage, shall be deemed guilty OF a
misdemeanor, rnd upon conviction thereof
shall be punished by a fine of not less than 800
nor more than 500 and by imprisonment i'll the
county jail not less than thirty days nor more
thun ninety days. Every such druggist shall
keep n book wherein shnll be recorded, daily.
oil sales OF Intoxicating liquors made by him or
his employees. showing the name and residence
LIQUOR sold, the purpose tor which 1t was sold
nnd the date of the sale. Such record and atli
day:t shall be open for the inspection Of the
public at all reasonable times during cuisines
hours, and any person SO desiring may TAX
memoranda or copies thereof.
u sE Sa 3; Aay ss sg Sis s on Rhsr 11as ss, or a sssi !
neglect to make and keep @ record as herei
t provid, O! any intoxicating liquors BY him solt
before the same are dt livered, or shall refus
3 any person an examination of such records, {
3 the taking Of memoranda or copy therefrom 1
any time during business hours, or shall sci
barter or give away any such liquors at an
place not designated IN his permit, or upon an
Q dayit other than those herein provided, or sha
9 make any false ettidavits aB to any sales mac
r by him or his employees, or shall fail to sign IL
8 certificate to the signature Of any applicant fl
y such liquor, prior to she delivery thereof,
shall sign any false certificate to any such af
davit, OF shall mutilate or remove anv affidavit
y from the book Issued to him aforesaid. or sha
d fail to return the sams as hereinbefore rr
% vided, or shall sell any intoxicating LIQUOR
d any person whom he has reason to believe 4
sires the same to use as a beverage, or sell Ii
b uor when he has reason to believe the LOU
" dOll 10 III a oulC0 v IL dillll6IU u65CI1Dt
a in the affidavit therefor, or shall sell, barter
n give away any Intoxicating liquors to al
minor. any person under the influence OF liquc
or VIII is In the habit of becoming intoxicate
d or who shall allow such liquor sold as a mec
cine or otherwise, to be drunk on his premis
9 or promises under his control. or in any ma
n ner omit any act required of him herein, or vi
late any Of the provisions of this net. shall
guilty of q ~misdemeanor, and upon convicti
thereof shall be fined not less than $500 or mo
d than ST, 1000. and be imprisoned in tho ooun
jail not less than four months nor more th'
I one year, and shall forfeit his his permit issu
h under the provisions Of this act. AID his rig
t. after; and in all cases when forfeitures are p1
vided under the provisions Of this act the cou
shall declare the same in rendering judgme
b Sec. Q. All spirituous, malt, vinous. ferment
or other intoxicating liquors or mixtur
thereof by whatever name called. that will pr
duce intoxtcation, shall be considered and he
. to be Intoxicating liquors within the mea n
OF this act.
. SEC Z. A permit to sell Intoxicating liqu
d from date thereof. unless sooner forfeited und
the provisions Of this act.
SIC. 8. 1t shall be the duty of the sheriff
0 police judges and police officers of any oity
town having notice or knowledge Of any viol
ton OF the provisions of this act to notify tt
states attorney OF the fact of such Violate
d and to furnish him the names of any witness
n within his knowledge by whom such VIOLATE
a can be proven. If any such officer shall fail
COuP1y "lCh IL pAot1blOub VI ia bOCUlOh,
] shall upon conviction be dned in any sum n
less than 5000 nor more than $1,000, and be ii
r pris9ned in the county jail not less than TO
= months Nor more than one year. and such co
v~iction shall be q fsrfeiture9t'the office held
d such person, and the court before yhoni su,
conviction Is had shall, in addition to the int
alton of the fine aforesaid, order and adjudl
the forfsiturs Of his said office. For a failure
o neglect OF official dufy IN the enforcement
n this act, any, Of the city OF county office
herein referred to may be removed by civil a
ton, In the nature Of a writ of quo warrant
J: which action may be brought by states att9
neys. attorney general, or by such person as Il
attorney general may appoint for tiiat purpos
s SEC. 9. If the state's attorney OF anv coun
l shall be notified by any officer or other perso
h or be casnizant Of any violation Of my Of Il
provisilns Of this act, If shall Big his duty fott
. with to diligently inquire into the facts
0 such violation and for such purpose he
O hereby authorized and required to issue b
subppna for sueh person or Parsons as he TAT
have reason to believe have any Information
) knowledge Of sueh violation: to appear befo
him at a lime and place designated in sue
sHbP9pn, then and there to testify concerni,
j anyyiolation az thiS nett said subpoena shq
be directed blythe sheriff OK any constable
I the county, and sba l be served apd returnt
to such states attorney in the game manner
| anhrnnaa are sarvt n and raturned in 'crinin