The Portland daily press., 1893-01-30
Comparison Of Proposed Measure
With the Kansas Law.
WHEREIN THE MAINE STATUTE
WOULD BE MORE STRINGENT.
Taking Away Druggists Certificates-Im-
position of Additional Penalties-The
Measure Has a Full Set of Teeth.
Especial to the Press.l

AUGUSTA. January 29.-The Kansas
law, to which so much reference was
made at the hearing on the druggists
bill the other day, is in many respects
similar to the bill now before the judic-
iary committee, of the Maine Legislature.
In some particulars the Kansas law pro-
vides for requirements greater than that
of the Maine bill, and some of its penal
ties are more severe. In other respects,
however, it falls short of the proposed
Maine law. For example, it does not
contain apparently anything which cor
responds to what may be called the most
stringent provision of the druggists bill
That is, the taking away of the certificate
of druggist guilty of wrongfully selling
liquors. The penal ty in effect of course,
is to deprive a druggist of the privilege
of Ding business. Another thing to be
kept in mind in connection with the
bill is that the penalties it establishes
are all in addition to those of the present
Maine laws against liquor selling.
Among the provisions OF the Kansas
statute which differs from the Maine bill
are those describing the manner in which
pharmacist may obtain permit to sell
liquors. Besides his own application, he
must have petition signed by 25 free
holders and also bys25 reputable women.
The application must state that the
druggist does not use liquor as a bever-
age, that he is properly authorized
pharmacist and that his stock in trade,
exclusive of liquors and fixtures, is of
the value of $1,000 or more. Before
permit may be granted, notice that the
application has been made must be pub
lished for at least 30 days in some news
paper. Another provision is that the
druggist and his petitioners may be sub
jected to an examination by the county
attorney, and any citizen may take part
| in this examination. A bond of $1,000 is
required. The permit is issued by the
judge of probate and authorizes the sale
of liquor for medicinal, mechanical and
| scientific purposes. 1t is to run one
wear, but may be revoked after hearing
upon the petition of 25 free-holders and
| 25 reputable women. The druggist is
given the right of appeal to the district
| court from decisions of the probate
Judge. ANY probate judge who who
/ wrongfully issues a permit OF grants one
| to person whom he knows to be in the
/ habit of becoming intoxicated, is liable
| to a fine of less than $500 nor more
than $1,000. Any person who signs a
druggists application for permit,
knowing the applicant to be an improper
person to hold such certificate, is liable
| to fine of not less than $50, nor more
/ than $100.
The Kansas law contains a provision
/ that physicians may give prescriptions
! for LIQUORS to be used as medicines. Any
/ rrix ca1.yo
| ing that liquor is to be procured upon 1T
| for Illegal use is liable to a fine of not
| less than 800 nor more than for $500.
In the Kansas statute the penalties for
MISREPRESENTATION on the part of a pur-
| chaser of liquor seem to be more severe
than those contemplated by the Maine
| druggists BILL In order to secure liquor,
| he purchaser must make affidavit stat
/ ing in cases where the liquor is bought
| for medicine and not for mechanical or
| scientific purposes, that the same is to be
used by person named in the affidavit
| who is suffering from a disease which
must be specified. Druggists and their
| registered assistants are empowered to
| administer oaths under this section. Any
person whose affidavit is false in any ma
| terial matter shall be deemed guilty of
perjury and shall be punished by contine-
| finement at hard labor for period not
exceeding two years OF by confinement in
the county jail for term of not less than
six months. Any person who S bscribes
any name or character not his own, shall
| be liable to the penalties for forgery in
| the fourth degree. Any person who uses
| LIQUOR purchased under the statute as a
| beverage, OF who sells the same for use
| as beverage, shall be liable to fine of
not less than 800 nor more than $500,
and to imprisonment for not less than 30
nor more than 80 days.
The law requires that the clerk OF
courts shall furnish consecutively mum
| bered blank forms for applications to
each holder of permit The clerk Of
| courts keeps record of the blanks so
furnished. The druggist is required TO
| have these blanks bound in book form,
each book containing ITO applications.
Here comes in provision which was
mentioned at the hearing here. These
! applications must be KEEP open to public
| inspection at all suitable times. They
are returned at stated intervals to the
| probate court and the law contains a
/ provision for compensation between the
records OF the clerk of courts and the
returns to the probate court, to show
whether or not the druggist has per-
! mitted any of the blanks furnished him
| to be destroyed.
ANY druggist or assistant who fails to
keep records as required, or refuses any
L n. .<~<, <lx