Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1903-03-23
NOT MORE THAN HALF A PINT
Text Of the Shells Law Amending Drug Permit for
Sale Of Liquors for Medicinal Purposes.
Full Provisions OF Bill Recently Approved by th
Governor, Take Effect on July
Limit OF Half Pint be Sold to One Person In Twenty
Pour Hours and Other Restrictions.

above expressed, and that the state
ments in such petition are true, the
county judge may in his discretion
grant a permit to the applicant to
sell intoxicating liquors for medicinal,
mechanical and scientific purposes
only; and such permit shall be
recorded upon the journal Of the
county court, and certified copy
thereof shall be posted in conspicu-
GUS place in the store wherein said
business is carried on before it shall
be of any validity. Before such per-
nit 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 one thou
sand dollars, executed by five free
holders of the county who shall justify
in double the amount of said bond,
conditioned that such applicant and
any one in his employ will neither
use, sell, barter or give away any in
toxicating liquors in violation of law,
and on violation of any provisions Of
said bond the same shall thereby be-
come forfeited ir the full amount
thereof; and the conviction of said
pharmacist or anyone in his employ
shall be deemed prima facie evidence
Of such violation. Any applicant or
any citizen feeling himself 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, to be approved by the
oovptxy indno conditioned tbof 10 will
prosecute the same to a speedy de-
termination, and pay the costs Occa-
stoned by such appeal If the order Of
the county Judge shall be sustained,
prosecute the cause upon appeal to the
district court. The procedure in any
case taken on appeal to the district
court from the order of the county
Judge shall be as prescribed by article
Of chapter of the probate code.
so far as applicable, and statement
Of the case with exceptions may be
made, signed and certified by the coun
ty Judge. II the district court shall
find that the county judge has abused
his discretion, or if it deems the per
nit to have been improperly granted
or refused, it shall have power to re
verse the judgment of the lower cour,
and cause the county judge to comply
with its judgment, otherwise the order
of the county judge shall be by the
district court affirmed. If the ordel
of the county Judge shall be reversed
the costs shall be paid by the county
If at any time there shall be flee
with the county judge petition stat
ing that any druggist, naming him
who has permit to sell intoxicating
liquors, is not in good faith conform
ing to the provisions of this chapter
verified by the affidavit of at least one
of the petitioners hereinafter named
and signed by the states attorney OF
ten reputable men, all of whom reside
in the town, village, township or city
in which the business of said druggist
is carried on, requesting that the per
NIT of such druggist be cancelled, the
county judge shall Immediately issue
an order citing such druggist to appear
| before him on the day named, moi
more than ten days from the issuing
of such order, at which time the ques
ton of cancellation of such permit
shall be considered. Such examination
shall be conducted in the same man
ner in all respects as herein provided
for the hearing of the original petition
Tor granting such permit, and sucf
county judge shall. if there are reason
able grounds for believing such drug
gist is not in good faith carrying ou
all the provisions of this chapter
cancel such permit. An appeal may be
had from the decision Of such county
Judge to the district court as hereir
provided for appeals from the appli
cation for a permit; provided, the
permit of such druggist shall be in
operative till such appeal is finally de
cided. If any county judge shall issue
permit to any person not registered
as a pharmacist, or shall knowingl.
grant the same to person in the habi
of becoming intoxicated or not in goo'
faith engaged in the business of {
druggist as proprietor thereof, h
shall be deemed guilty of misde
meanor, and upon conviction shall b.
punished by fine of not less than fiv
. hundred dollars nor more than on
, thousand dollars: and If any persol
shall sign petition as provided here
in, of any applicant known by sucl
person to be in the habit Of becoming
, intoxicated, or not in good faith er
gagged in the business of a druggist, h
shall be deemed guilty of misde
meanor, and upon conviction shall b
punished by fine of not less thal
fifty nor more than one hundred do
. lars Before the petition of a druggis
, for permit to sell intoxicating liquor
I shall be heard by the county Judge tn
i. applicant shall pay fee of five dollar
to the county judge. who shall pay tn
! same into the county treasury on c
: before the first day of the followin
month for the benefit of the gener;
revenue fund
Sec 2. Amendment.) That sectio