The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1891-02-03
THE STATE CAPITAL.
Continued from First Page.

that such petitioners are citizens of such
township or city, and that the statements
In said petition are all true, the probate
Judge may, in his discretion, grant per
NIT TO the applicant to sell alcohol not be-
low lSS proof United States gauge, for
medical. mechanical and scientific pur-
poses only; and such permit shall be re-
corded upon the journal of the probate
court, and certified copy thereof shall be
posted in conspicuous place in the store
wherein said business is carried on before
L shall be of any validity Before such
permit shall be of any validity such whole
sale dealer shall file with the probate
Judge to be approved by him, a good and
sufficient bond TO the state of Kansas, in
the sum OF $1,000, conditioned that such
applicant and any one in his employ Will
neither us barter nor give away, any IN
toXlcatlng liquors In violation OF law; ana
On violation of the provisions OF sald DOnu
be same shall thereby become forfeited,
md the conviction of such person
Jr any one in his employ, shall
De deemed prima facle evidence
Of such violation. Any applicant, or any
citizen feeling himself agrleved by the de
ciaion Of the probate Judge, may, withln
IN days thereafter, upon fling bond
made payab- to the State of Kansas, In
I've sum Of $50 to be approved by the pro-
bate iudge conditioned that he viii pros
ecute the cause TO a speedy determination
and pay the costs occasioned by such APP
peal il the order of the probate judge shall
he sustained. prosecute the Cause upon ap-
peal 10 the dis riot court. The procedure
n any case taken on error to the district
:ourt from the order OF the probate judge,
shall be as prescribed by article twenty
TWO Of the code Of civil procedure so far as
applicable. and case or bill OF exceptions
may be made signed and certified by the
probate judge, rs in said article provided.
ataf ff1fgs sfssf hall nd q
probate judge has abused his discretion,
IL shall have power TO cause the probate
Judge to comply with Its judgment; other
wise the order of the probate Judge shall
be by the district judge affirmed No
appeal shall be- allowed from the order OF
the district court. ii the order of the
probate Judge shall be reversed, the
costs shall be paid by the county. If at
any time there shall be filed with the pro-
bate judge "A petition stating that any
wholesale dealer having a permit under
shis act is not in good faith cOnfOrmi & TO
the provisions of this act, verified 10y the
affidavit OF at least one Of the petitioners
herein named, and signed by twenty-five
reputable men, all Of whom reside In the
township or city in which such wholesale
business is conducted, requesting that the
permit of such wholesale dealer be cancel
ed, the probate judge shall Immediately
issue an order citing such wholesale dealer
10 appear before him on a day named not
more than thirty days from the issuing of
such order, at which time the question of
the cancellation of such permit shall be
considered. Such examination shall be
conducted in the same manner IN all re-
spects As is herein provided for the hearing
OF the original petition for granting such
permit; and such probate judge shall, If
there are reasonable grounds for believing
that such wholesale dealer is not in good
al IA IN Onf al al pf
this act, cancel such permit An appeal
may be had from the decision of such pro
bate judge to the district court Us hereiu |
provided for appeals from the ap-
plicat on for a permit: Provided, The |
permit of such wholesale dealer shall be |
imperative till such appeal is finally de- |
cided: Provided further, this shall not |
prevent the probate judge from canceling |
any permit at any time on his own motion |
or otherwise If any probate judge shall |
knowingly issue permit to person in |
the habit Of becoming intoxicated, or not /
IN good faith engaged in the business of a |
wholesale dealer in drugs and chemicals, /
or photographers supplies, as proprietor /
or manager thereof, he shall be deemed /
guilty of a misdemeanor, and upon con |
viction shall be punished by fine of not |
less than $500, nor more than 81 ,OO0 and if |
any person shall gn the petition, as |
provided herein, OF any applicant known |
by such person to be in the habit II be- |
coming intoxicated, or not in good faith |
engaged in the business of wholesale |
dealer in drugs and chemicals, or in |
photographers supplies he shall be |
leemed guilty of "A misdemeanOr, and /
1pon conviction shall be punished by a |
fine not less than $50 nor more than |
800
Sec 3. Any wholesale dealer in drugs |
and chemicals, or dealer in photographers /
rtFal lIns hpH MI hNl
Inder the provisions of this act, may sell |
be same for medical, mechanical, or scien-
itlc purposes only, to registered pharma- .
cists or photographers, in any quaint ty 1
not less than one quart, and TO no other |
persons, upon the printed certificate of |
the applicant setting forth in general the /
purpose for which such spirits are to be .
used, the quantity desired, that it is not in /
tended for a beverage, nor to give away, |
md that the applicant is a registered /
pharmacist actually engaged in the exercise /
# his profession, or "A photographer ac- /
rually engaged in the business Of photo /
gr phing; setting forth the place of resi-
dence and place of business, giving the |
s rect and number, and that the applicant .
: over twenty-one years of age, which SAID .
certificate shall be in the following form,
nd subscribed 10y the applicant in ink:
STATE OF KANSAS,
{ unity of .
/, the undersigned, do certify that my
name is that | reside at ---
county. state of ---: that ] do business
at or on , i'm the city --; that
- - of alcohol not less than 1SS
proof L. ). guage Is required 10y me TO he
used for ---: that il is not intended .
for "A beverage, nor 10 sell, nor to give
away; that am actually engaged in the
business OF ------ -, ana that | am over
twenty-oue years Of age. Therefore make .
- "a al To- OR
Tor said spirits,
-, Applicant
There shall be but one sale and one de-
livery on any one certificate, which shall .
be furnished by the person authorized 20 .
sell under the provisions OF this act: Pro
7ided, That in addition 10 the form herein .
given. the certificate shall have printed in
small type across tie end or top of the .
me, a copy of the permit granted under .
he provisions of this act, and no dealer .
shall sell upon a blank prepared by an /
other dealer The certificates provided for !
in this section shall be retained 10y the 4
wholesale dealer, and on or before the first .
day OF each month shall. together with /
like affidavit Of such dealer, that the 4
alcohol therein mentioned Is all of the IN .
tuNiCating spirits sold by him during the .
month, and that he has not sold any other .
NluOuS, spurious, fermeuted. or other in .
toXicating liquors contrary TO law, be filed /
lh the Once ol the propaje Judge VINO L. 7
sued this permit, where they shall he 4
safely kept subject TO inspection by the 4
public at all reasonable times and hours, 4
for one year, and any person so desiring F.
may take memorandum copies thereof.
The probate judge shall receive no fee un-
der this act; and every person who shall /
make a false affidavit under his act, for .
the purpose of evading or avoiding lis pro
visions, or the provisions Of chapter l65 Of .
the laws Of 1887. shall be deemed guilty Of .
perjury and shall be punished 10y coufine-
meut and hard labor for Veriod not ex. 3
ceeding two years or by confinement in F..