Wessington Springs herald. (Wessington Springs, Aurora County, Dakota [S.D.]) 1883-1891, 1890-04-25
to B, Intoxicating liquors wishln the mean!ng

Sec. z. A permit to sell intoxicating liquor
under this act shall continue in force one year
from date thereon, unless sooner forfeited under
the provisions OF this act.
Sac. 8. 1t shnll be tho duty Of the s~heriffs,
der, aty. sh .riis, eonstables,m mayors. marshals,
police judges and police officers of pny city or
town having notice or knowledge of any viola
ton OF the provisions of this oct to notify the
states attorney of the fact of such violation
and to furnish him the names OF any witnesses
Within his knowledge by whom such violation
can be proven. II any such officer shall FIJI! to
comply with the provisions OF this section. he
shall upon conviction be fined in any sum not
less than $2D nor more than 81, 600. and he i'm
prisonedin the county jail not less than four
months nor more than one year, and such con-
viction shall be a forfeiture OF the Office held by
such person, and the court before whom such
conviction is had shall, in addition to the imno-
the forfeiture of his said Office. For u failure or
neglect of official duty In tho enforcement of
this act, any. of the city or comfy officers
herein referred to may he removed BY civil &c
tion. in the nature of Il writ of quo warrauto,
wfich action may be brought by stGtes attor-
nsya. ntt rnoy &. neral, or by such person as the
attorney general may appoint for that purpose.
SEC. 9. lfthe states attorney OF any county
shall be notified by any officer or Other person,
or be cogniznnt of any violation OF any of tho
provisions Of this act, it shall be his duty forth
such violation and for such purpose he is
hereby authorized and required to issue his
subpoena for such person or persons as he may
have renson to believe have any Information or
knowledge OF such violation. to appear before
him ut a time and place designated in such
subpoena, then and there to testify concerning
DO directed by tho si.erif or any constable in
tho county, and s9atl be served and returned
70 such states attorney in the Same manner "a
s%ubpGnas are serv, d and returned in criminal
cases. Each witness shall be sworn by the
state 8 attorney to testify 10 the truth, the
whole truth AMI nothing but the truth, and
may be propounied to him by such
states attorney touching any violation
OF the provisions OF this act, The tes-
timony of every such witness shall be reduced
to writing and signed by such witness, as in tho
taking OF depositions in civil cases. For ell
purposes in this section the states attorney is
hereby authorized and empowered to administer
oatls of affirmation to all witnesses, and shall
have power to punish any witness for contempt
for or on account OF any disobedience OF u
subpoena, u refusal to be sworn or answer as C.
witness or to sig II his testimony, and may com
pei, the attendance of witnesses by at
taehment in the same manner md with like
effect as provided In the code of civil procedure.
Ii the testimony 30 taken shall disclose the
fact that an otfense has been committed against
any Of the provisions Of this act, the states
attorney shall forthwith file such statement,
togethec with his complaint of information
against the person having committed the Of
Tense, in some court Of competent jurisdiction,
and such statement or testimony together with
the or complaint Of such states
attorney whom verified by him on information
and belief, shall have the same effect as ii such
information or complaint had been verified
positively. And thoreupon a warrant shall
issue for the arrest OF the person or persons
named in said information, Us in other criminal
cases, aud in addition thereto, shall ommand
the officer to whom it may be directed to seize
and take into custody any and all intoxicating
liquors, vessels and bottles containing the
same, which he may find in such PERSONS pos
session. and safely keep the same, subject to
the order OF the court; provided, the sworn
statement of the witness or witnesses, as here
lnbefore provided, and the complaint of infor-
nation filed by the states attorney. shall gen.
orally describe the property to be seized and
the place where kept as near as may be, and if
upon the trial ofsuch person he shall be con-
Wet ID of violation Of any Of the provisions of
this act, the court shall order as q part Of his
Judgment, in addition to the pennlty herein
thereof, shall publicly destroy all such prop
erty used and emp'oyed Tor sucn Illegal pur-
poses: provided the court shall find and nd-
and employed by the defendant for such Illegal
purposes; provided, further, hat where the
states attorney has boon notified in writing
oiating the law, the place where the unlawful
buiness is carried on and the names of the wit
ness or witnesses, by whom the athant believes
the facts can be proven and the stnte's attorney
shall fail, neglect or refuse to make an investi.
cation then the afliant may make affidavit be-
fore some justice Of the peace of the township.
committed, giving tho name of the violntor OF
the law, tho location OF the place and the
names of the witnesses by whom he believes
thu oaense can be proven, and it shall be the
duty of such Justice OF the peace, and he is
hereby empowered with the authority to issue
his subpoena for the witnesses us named Or
and other witnesses, whose name shall be
made known by tha first witness or subponaed,
such subpoena shall be directed to any sheriff
or constable OF the county, Or marshal or pc.
licmnn Of any city or town in the county, for
service and leturn according to law. Such jus.
tice OF the peace shall have power to tine for
contempt and may compel the attendance OF
the powers for securing and taking the testi-
mony of witnesses heretofore in this section
given to the states attorney. When the evil
dence is taken by the justice Of tho peace and
reduced to writing, if it should show that u
crimo has been committed, it should be certi.
fed to the states attorney by the Justice OF the
of such states attorneg, on receipt of such evil
dence to forthwith file his information in the
same manner us if the evidence had boon
taken by himself.
taken before the states attorney, or q Justice OF
the peace, as in the last preceding section pro-
vided, shall disclose the fact that intoxicating
liquors are being kept for unlawful sale or pur-
pose, or are being sold by on unknown person
or persons, particularly describing such I'M
known person or persons, contrary to the pro-
visions OF this act, at any place, generally de-
scrihed in the place to be searched, and the
property to be seized, as hereinafter provided,
within said county, it shall be the duty Of such
STATES attorney to forthwith file his complaint
Tor informationl, together with such state
ments with any Justice of the peace of the
county or police magistrate against such place
and the unknown keepers thereof, which cinfor-
nation or COMPLAINT, whom verified by such
states attorney upon information and belief,
together with such statement us aforesaid,
shall have the samo otlect ns if such iinforma-
tion or complaint had been sworn to posi-
lively and thereupon q warrant shall issue,
directed to the proper officer. commanding him
to search the premises described in the linfor-
nation or complaint and to seize oil intoxicat-
ing liquors and I'LL vessels or bottles containing
the same, and arrest the keeper or keepers
thereof; and said person or persons
when arraisued before the said Justice OF
the peace or police magistrate shall
plead to his or their real name or names, end
snail be examined upon said COM
plaint or information, and if such Justice or
magistrate shall find that the otfense charged
has been committed, and also find that there is
reasonable ground TO believe that the person
or persons so arrested committed the same, he
| shall hold said defendant or defendants to
await the action the grand jury and shall hold
aIl such property seized to await the result OF
the trial in the circuit court md if upon trial
i'll the circuit court such defendant or defend
ants shall be found guilty, he or they shall be
fined for the first oTense not less than 500 nor
more than $1,000, and to be imprisoned in the
county JUL not loss than four months nor more
than one year and for the second and every
successive offense bo punished by imprison-
ment in the states prison for q period not ex-
ceeding two years. and not less than one, and
the court before which conviction may be had
shall also order all the property seized by the
officer us aforesaid to be publicly destroyed;
provided, said court shall also find and ediudgo
such property was being used by the defendant