Bismarck weekly tribune. [volume] (Bismarck, Dakota [N.D.]) 1884-1943, 1895-03-08
REGULATING DRUGGISTS PERMITS
TO SELL INTONlCANTS.
Is Il. No. 10

is. b. No. 10
An Act to Amend Section 2 of Chapter 1l(
of Session Laws of 1890, Entitled 'Ar
Act to Prescribe Penalties for the Tn
lawful Manufacture, Sale, Barter and
Giving Away of Such Liquors for Medic
inal, Scientific and Mechanical Pur'
poses"
Be 1t enacted. etc.:
That Section 9 of Chapter 10 of Session
Laws of 1890, be amended to read as tol'
lows:
SEC. 2. 1t shall be unlawful for any per.
son or persons to sell or barter, for medic.
inal, scientific or mechanical purposes, m
malt, vinous, s%pirituous, fermented or other
intoxicating liquors, without first having
procured a druggists permit therefor from
the county judge OF the county wherein
such druggist may be doing business at
the time; and such county judge is hereby
authorized, in his discretion, to grant a
druggist permit for the period of one year,
10 any person of good moral character who
is a registered pharmacist under the laws
OF this state and lawfully and in good faith
engaged in the business of a druggist in his
county, and who in his Judgment can be
entrusted with the responsibility OF selling
such liquors for the purposes aforesaid in
the manner hereinafter provided. In order
to obtain a druggist permit under this act,
the applicant shall file in the Office of the
county Judge OF the county wherein he is
doing business, not less than thirty days
prior to the hearing thereof, a petition
signed by the applicant and twenty-five
reputable freeholders, having the qualiiica-
tons OF electors OF the town, village, town
ship or ward OF any city, and twenty-five
reputable women over twenty-One years of
age, who are residents OF the town, village,
township or city whereof such business is
lanai oil. ,r,hil - ,,y,n tInf ,.E,> tI,
number Of freeholders having the qualifica-
tons of electors residing within the town.
village, township or ward shall not exceed
forty, and when the number of reputable
women over tWenty-one years of age. who
are residents Of the town, village, township
OF city shall not exceed forty, then the peti,
ton Of applicant signed by seventy per
cent of such number OF qualified men and
women as reside within the town, village,
township or ward shall entitle the appli-
cant to the permit. All petitions shall set
forth: First, the town, village, city or
township, and particular place therein
where such business is located, and that
the applicant is a person OF good moral
character does not use Intoxicating
liquors as a beverage and can be entrusted
with the responsibility of selling the same;
as aforesaid and is lawfully and in good
faith engaged personally in the business of
a druggist as the proprietor thereof at the
place designated in the petition and ifs
we'll versed in the profession; third, that
said applicant has in his said bust
ness, exclusive Of Intoxicating liquors
and fixtul es, a stock of drugs, il in
$1,000, and if elsewhere, of the value of at
least five hundred (500) dollars. Before
any such petition shall be heard or any
permit issued to such applicant, he shall
publish, for at least thirty days next prior
thereto. a notice in some newspaper in the
Gown, village, township or city where such
business is located. or if none be published
thereil., then in some paper OF general cir
culatiOn in the county, stating the time and
place set by such judge for the hearing of
such petition. The applicant shall be re-
4uired to prove the truthfulness of each
and every statement contained in such
petition, and the states attorney of such
county shall, and any other citizen of the
county may, appear and cross-examine the
witnesses OF the applicant. and may intro
duce evidence III rebu!tal of The evidence
offered by the applicant. 1t satisfied that
the signatures to such petition were signed
by such persons. and that such petitioners
are free holders or citizens of such town,
village. township or city or ward, as above
expressed, and that the statements in such
petition are true. the county Judge may, il
MS dlScretlOn. grant a permit to the appli-
cant to sell Intoxicating liquors for medic
lnal, mechanical and scientific purposes
only, and such permit shall be recorded
upon the journal of the county court aud a
certified copy thereof shall be posted in a
conspicuous place in the store wherein
said business is carried on before it shall
be Of any validity. Before such permit
shall be of any validity, such druggist shall
file with the county judge, to be approved
by him, a good and sufficient bond to the
state OF North Dakota, in the sum of $1,000
conditioned that such applicant and any
one in his employ will neither use, sell,
barter or give away any Intoxicating
liquors in violation of law, and on violation
OF the provisions of said bond the same
shall thereby become forfeited: and the
conviction Of said pharmacist or anyone in
MS employ shall be deemed prima facie
evidence of such violation.
Any applicant or any citizen feeling him.
self aggrieved by the decision of the county
Judge may, within ten days thereafter,
upon filing a bond, made payable to the
state of North Dakota, in the sum of fifty
dollars $500, to be approved by the county
Judge, conditioned that he will prosecute
the same to a speedy determination and
pay the costs occasiOned by such appeal if
the order OF the county judge Shall be sus.
tanned, prosecute the cause upon appeal to
the district court.
The procedure in any case taken on an.
peal TO the district cour from the order of
the county judge shall be as prescribed by
Article 2 OF Chapter II of the Probate Code
OF the Compiled Laws of Dakota of 1887. sc
far As applicable, and a case or bill of ey.
ceptlonS may be made, signed and certified
by the county judge. Ii the district court
snail lind that the county Judge has abu Led
his discretion. it shall have power to cause
the county judge to comply with its iudg-
ment, otherwise the order of the county
Judge shall be by the district court affirmed
No appeal shall be allowed from the
ORDER OF the district court. II the order o1
the county judge shall be reversed, the
costs shall be paid by the county. If al
any time there shall be filed with the coun
ty Judge a petition stating that any drug
glst, naming him, who has a permit to sci
intoxicating liquors, is not in good faitt
conforming to the provisions of this act
Verlhed by the affidavit of at least one O.
the petitioners hereinafter named, signed
oy Twenty-Five reputable men and twenty.
nVe reputable women, all of whom reside
in the town, village, township, city or war
IN Which the business of said druggist i
carried on, requesting that the permit O
such druggist be cancelled, the count,
Judge shall Immediately issue an orde
citing such druggist to appear before hin
on a day named, not more thar ten dav
from the issuing of such order, at which
time the question Of the cancellation q
such permit Shall be considered, Snch ev
amlnatlon shall be conducted in the sam
manner in all respects as is herein nro
vlded for the hearing of the gin nett
ton for granting such permit, and sncj
county Judge shall, if there are reasOnahI