Shepherdstown register. [volume] (Shepherdstown, Va. [W. Va.]) 1849-1955, 1901-05-02
Summary of the Liquor Laws.

The following resolution was aaoPI.
by the Anti-Saloon and Law Az Gioo
Society at it's meeting on April lltn
po,,,rn That the Anti-Saloon and Law and
90 Soc;e,y of Shepherdstown. w. va, heIeoy
wates the REQUEST that for the good OF the I,nr
inv the physicians in their pTescT,Puons " - .be;,
the druggists in their sales ana al PI ho,b ~ the
.,,cbaeeS conform as nearby as posSioIe UOs'' -
Po;, and the letter of the liquor laws ana ulH' -
conv of this resolution. together with sunin SS.
tbr I;ouor laws Of the State and eorPoiAHOH' ~ f
lshed in the Shepherdstown Register
In accordance with this resolution,
the following summary has been pre-
nared from the Code OF West Virginia,
m to and including legislation OF 1879;
CHAPTER XXXII
c--r,o,,, No person without a state license shall
ell snirituous liquors All mixtures or preparations
which will produce intomcauon' patented 0i H0'
shall be deemed sprituous liquors - -;
SECTION 2, Penalty for violation OF secu0n - ~
- ahov. NOT less than ten nor more than one nun
49, dollars with Imprisonment IN the county laii
ar the discretion of the court for PERIOD not eAceeu
ing months. Lu -. =. Construed N
preyent druggist from selling without State license
fn,r;tuous LIQUORS in good faith for medicinal pun
poses or alcohol for medicinal SCIENTIFIC, or meehan-
zeal purposes. I,s ,,;r;,,,o,s
EcmoIs, unless for medicinal purposes. or alcohol
unless for medicinal, scIenuhc, or mechanical Pul-
poses shall for each offence, be fined not less than
twenty nor more than one hundred ooi41Is AhI II
shall be the special duty Of the circuit court 10 give
this provision charge TO grand uneS PERSONS OK
cept druggists, found on or along boundary rivers
violating the section OF this chapter shalI IN Su
d,uon TO penaty prescribed IN section 3, be connnca
in the county ja not less than 80 more than %
days working during such sentence at hard LABOR on
any public highway. -. s;s,
- Tk- lie he rNF1 Al Slll
h, nr-Sumed that II was unlawful in the absence OF
proof TO the contrary No sale OF alcohol, except
Tor mechanical scientific purposes, or OF spurious
liquors. shall be made by any druggist except on the
written prescription OF pracucing physician in good
standing IN his profession, and not OF incorporate
habits, specifying the name OF the person, and the
kind and quantity Of liquors 10 be furnished HIM,
and stating that such liquors are absolutely neccSSa
nv As 4 medicine, and not TO be used i beverage,
and not more than one sale shall be made on the
same prescription
SECTION 7, Any physician giving such prescription
and making such statement falsely. shall be ined
not less than nifty more than TWO hundred dol
lars Every such prescription shall be filed and pre-
served by the druggist open TO inspection OF prose-
cutting attorney, any member of grand Jury or any
relative oil the person to whom such liquors were
sold any druggist refusing or failing 10 produce the
same shall be hned not less than twenty nor more
than one hundred dollars.
SEcTloS TO- No State license to sell liquors shall
be issued within miles Of any Incorporated town
where license is forbidden, without consent OF It's
council
SECTION u. State license cannot exempt from cor
poTaton penalties.
SECTION u, License shall not be granted unless
applicant be Of temperate habits.
SECTION 10. Any person having license who sells
gives inoxicants 10 any minor person OF unsound
mind, intoxicated person, or person who IS in the
habit Of drinking 10 intoXication ; also who has
license permitting any person 10 drink to intoxica-
ton on any premises under his control selling
giving 10 anyone on Sunday any person Except
parent 10 child or guardian to ward who gives to
any minor or person of unsound mind any intoxca-
tirg drinks, unless it be prescribed by reputable
physician in writing, shall be fined not less than
twenty more than one hundred dollars.
SECTION ~. a sale by person for another shall
be deemed a sale by both and both may be indicted
and fined.
SECTION IS. All buildings where liquors are sold
contrary to law shall be deemed public nuSances.
and such nuisance may be restrained and abated by
injunction.
SECTION 10. The owner Of any building who know
ingy permits liquors be sold in such building
traEy to law, and every person engaged in such sale
may be fned not less than twenty more than one
hundred dollars, and at the discretion Of the court
imprisoned in the county Jail less than ten nor
more than 80 days.
SECTION 20. Every husband wife, child, parent,
guardian, employer, or other person, injured IN per-
property means Of support, by any ntoXI-
Gated person. in consequence OF any ntoxication.
habual or otherwise, OF any person shall have right
OF action against any person who shall, by unlawful
ly SclinS or giving liquors, nave caused SuCh htoN-
icaton. Property owners, leaserS, or renters per
hitting liquors 10 be sold their premises also
liable for damages.
SECTION al, In case Of candestine sales, any Off
Ger with a warrant may break open building.
SECTION %. In giving bond. the applicant for Ii
cense shall bind himself TO keep the law.
SECTION %. Every justice OF the peace. upon prop
information, shall issue a searCh-warrant, and If
there is to believe the accused guilty. he shall
be required to appear at the Of the circuit
court Of the county.
SECTION a.. The county court other tribuna al
authorizing license, may revoke upon satisfactory
evidence that It's conditions are not complied with.
According to corporation statutes the acts forbid
den are the same which prohibited by the State
code. but the corporation penalty for each offence is
fine of not less than five than fifty dol
lars, half the fine TO be paid TO the iuiormer. All
drug stores must be kept closed during the entire
Sabbath, except for the sale of medicine exclusively
any person violating this provision shall be fined not
less than five than twenty dollars. half the
fine to be paid to the informer and in addition to
such fine. any such offender may. at the discretion
OF the Mayor, be imprisoned for from one 10 thirty
dayS