The Hot Springs star. (Hot Spings [Hot Springs], Dakota [Dakota Territory, i.e. S.D.]) 1886-189?, 1890-04-25
THE TEMPERANCE LAW
rUlL T. Il of SOUTH DAxor.A,s
MEASURE FOR PROnIBITION.

FULL N,h Of SOUTH DAxOTA's
MEASURE FOE PROHlBlTION.
THE Law Takes Effect May 4. . which
Makes lta Natter nj Particular Intsrsst
just Now-The Provisions for Enferre-
Ment-What the statute Provides.
AIM for an Act to Prescri,e penalt, es for tbs
Cnlawful Manufacture. Sale and keeping for
tale. Barter and Giving Awa ~ of such Liquors
for Medical. tct nttlc and Mechanical Pur-
poses.
Be II enacted by the Legislature Of the stste of
6outh dakota:
SECTION !. Any pevsoit. association or corpor-
alton. who shall within this state. directly or
Indirectly. M nufacture amy spurious, malt.
shall import any Of til, sam /. for sac, or gift 90
. beverage, or q al keep for sale or gift. I AFTER
OF trade. any Of such intoxicating Nluors IS
guilty OF Q nisiem amor. and upon conviction
thersof shall he tined in any rum not less than
soon 7 NOR than el,0o, and DO imprisoned IN
more than one year. and . trial aud conviction
In any court shall Constitute the first otfense;
snail 10 deemed guilty OF aielony and punished
by I'M prtsonment IN the state prison for q
period not exceeding two years and not less
mscists under ths law OF this Atate may sell
intoxicating liquors for medicinal, mechactcal
and scientific purposes ~ hereinafter pro-
Bee. .. Il shall be Unlawful for any person or
persons to sell or barter for medical, scientiac
spirituoas. fermentei az other Intoxicating
nQuors, without drst having. procured II drug
Gtsts' permit therefor from tho county Judge OF
business at the time and such county judge il
hereby authorized. In his discretion, to grant y
drassist permit for the period of one wear. to
any person Of a good moral character who il q
registered pharmacist under the laws of this
:tate, and lawfully and ia good faith engaged
who In his Judgment eau be entrusted with the
responsibility Of selling ,uch liquors for the
purpose Aforesaid in the manner hereinafter
the ONCE OF the county judge Of the county
wherein he is doing business, not less than
lion signed by the applicant and twenu five
reputable freehnlders having the qualifications
OF electors Of the township os ward Of any city,
and twenty-five reputable women over 81 years
Of age who are residents of the township, or
city, wherein such business il located, setting
forth: First, the city or township and particu.
lar place. therein where such business is 10.
Gated. aud that the applicant is a person Of
good moral character and does not use intoxi-
trusted with the responsibility of selling
the same; second. that said applicant
1. v; = ph arm IL sa as , sfefesa a1... aud i
s0nally in the business of a druggist as the pro-
pr!etor thereof at the place designated in the
l0GtytOu, ana VIII ver60u IN Tie pTOI06 SlO0s
third. that said applicant has in his said bust.
ness. exclusive of Intoxicating liquors and fig
tures. a stock OF drugs. II In my city, Of the
value Of at least $500. Before any such petition
shall be heard or any permit issued to such ap.
plicant. he shall publish, for at least thirty
paper In the township or city where such bust
ness is located. or If none be published therein.
the chen eo aa sH%s st psPsT .s Ss s general and S p,ses sss in IL
such Judge for the hearing of such petition.
The applicant shall be required to prove the
tsined in such petition. and the states attor-
ney Of such county shall, and any other citizen
Of the county may appear and cross-examine
duce evidence in rebuttal OF the cvidencs Of
fered by tue applicant. II satisfied that the
ssi PC as,ss esrs to such such .h petition Il were signed
fres.holders. or citizens OF such township. city
or ward. as above expressed; and that tae
o easeae'' Judge IS A" may p't in h a.' d iias; one
eating liquors for medical. mschanicel and
s sSsiI be r pasnSasss u Snss the saa jo saGa Defa the
county court, and a certified copy thereof shall
be posted in . sonspicuous place In the store
shall Ie Of any validity, such druggist shall
nis y S, good ' and fG safsis: saasi So 10 e 70 s sSs sssse ~ q
South Dakota in the sum of $1,000. conditioned
that such applicant aud any one in his
0AlHIVy Will IICltlicT uUS, 66lA, u0IUuE OE
give away any Intoxicating liquors in viola
Zion to law, and on violation Of the provisions
ofssid bond the same shall thereby become
forfeited and the conviction OF such pharma.
ctst or sny one in his employ shall be deemed
prima facie evidence OF such violation. Any
1ppl Yss IT. q The sa assei sisissn q feeling FL. .o n,%ssl Iao e.
Hhys, within ten days thereafter, upon filing a
bondm made payable to the state Of South Da-
e eSun; u iu 1as s ,oou Ga aeS, % t Rs fRp ~ WIFI p pyo sae
cute ths same to its speedy discrimination. and
pay the costs occastoned by such appeal II the
peosecute the cause upon appeal TO the district
court. The procedure in any case taken on APP
county Judge shall be as prescribed by article
2 Of chapter u. OF the probate code Of the com.
piled laws of Dakota Of lss7. so far as applicable.
signed and certified by the county judee. 1.-THE
district court shall find that the county judge
has abused his discretion, 1t shall have power
Judgment. otherwise the order Of the county
No appesi shall be allowed from the order Of
the district court. II the order Of the county
Judge shall be reversed. the costs shall be paid
by ths county. 1t ct any time there shalt be
~, n,s sh sa .t,d dss so OF TWO ' rspsts Z Rs. eitisen uss, resf.
dents Of the CITY. ward or township In which
the business Of the druggist Is carried on stat
ing that any druggist, naming him., who hes a
permit to sell Intoxicating liquors, is not III
good faith contaIntng 70 the Rfoytsions Of this
AAk " 0hA0 va A8S1bt w NVW GN . why 62Iu
shall be returnsble within ton daye from the
date Of issue thereof. On the return Of such
6fder TO show cause the question Of the cancel
Suoh examination shall be conducted In the
same manner In all respects as herein provided
for the hearing Of the original petition for grant
ing such permit. and such county Judge shAll. II
there aIe reasonable grounds for believing such
druggist is not in good faith carrying out al the
provisions Of this aot. cancel such permit.
An appeal may 90 had from the decision Of
such county judge to the .distfiet court Is
herein provided for appeals from the arplica-
kion for q permit. provided the permit Of auck
druggist shall be insporative till such appeal
10 finally decided. II any county Judge shall
issue . permit to any person rot registered as
saiile to 9 person IN the habit of beconltIg in
toxteated, or not in good faith engaged in the
business Of adruggist as proprietor thereof, he
shall be dsened guiity OF . nisdeiaesnor. aud
not less than $500 nor more than $1,000; and q
any person shall sign the petition, as provided
herein. OF an applicant known by such person to
p IN she habit Of becoming tntSstcsted. OF not
Otst. no shall be deemed guilty. Of 8 tltsde-
meanor. and upon conviction shall be punished
by fine of not less than $50 nor more than
800. Before the petition Of 2 druggist for q
heard by the county Judge the appiiaspt shall
pay q fee Of e5 to the county judge. who shall
pay the same into ths. coupty treasury on or
before the first day of the following month for
the benefit Of the general revenue fund.
SEC. 5. Any physiclan who ts lawfully aud
Eegnlasly, Engaged in tbs practice Of his profes.
ston g 2 business, and Who in case Of actual
need. shal! deem any tntoxfcating liquors nee.
cu6h'e patient . written or printed prescription
therefor. stating IN said prescription the par.
ticulsr disease for which Il ts given, or may ad-
minister the same hinself. but no such pre-.
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