The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1908-10-29

70 UvvJ for each onense to be recovered at the
suit OF the state. The penalty so recovered shall
became lien the property and premises so
used. leased rented in violation OF this Act
from and after the date Of filing of the suit to re-
cover such penalty. and the Ming of notice of-the
tendency OF such suit with the register OF deeds
u the county wherein said property Is located and
upon final Judgment said properly may be sold as
upun execution to satisfy the same together
with costs OF suit: Provided, however that such
lieu shall not attach to property under the control
OF any receiver, trustee. guardian or admlnstra-
tor. but in such the receiver, trustee. guar
dlaa administratoi shall be liable on his official
bond for the penalty so incurred and In addition
thereto shall be guilty OF a misdemeanor Each
day such properly is used, leased or rented for
any such unlawful purpose shall constitute a sep
arate Oiiense and the penalty herein prescribed
shall be recovered for each and every such day.
All leases between landlords and tenants uriler
which any tenant shall use the leased promises
for the purpose OF violating any provision OF this
Act shall be wholly null and void, and the land
lord may recover possession thereof as In forcble
entry aad detainer.
Sec 12. There shall be property rights OF
any kind whatsoever. in any liquors vessels, ap
pllsnccs. fixtures, bars, furniture and implements
kept used for the purpose OF violating any pro-
Sec a. All places where liquors Of any klnd
are manufactured sold. hartered, given away OF
otherwise furnished In violation OF any OF the pro
Visions Of this Act hereby declared to be pub
lie nuisances and shall be abated in the manner
provided by law at the suit Of any citizen OF the
State.
Sec is. No oflcer of this State, or Of any coun-
ty, city town or municipal organization thereof,
shall accept receive, directly or Indirectly,
any property money or thing Of value, either for
himself or for another. or for the State county,
city. town municipal organization for or In con-
sidcraton of any agreement or understanding eX-
press implied. OF any kind character or nature
whatsoever, that any person. individual or corpo-
rate. shall be permitted to violate any provisions
oi this Act, or shall because of the payment or de-
livery OF any such money, property or thing OF
valnc. either by way OF fine, license, rmit or
Otherwise receive or secure immunity fr. arrest,
prosecution punishment therefor ANY such otn-
Ger elective appointiye. violating any provision
Of this Section shall be guilty OF felony. and up
en- ccEv,Cion thereof shall be punished by I'M
prisoument In the State penitentisry for not less
than one year and one day nor more than nVs
years.
Sec 16. Any person who shall In any public
place. In or upon any passengefs Zach. street
car OF In or upon any other vehicle commonly
used for the transportation OF passengers. or In or
about any depot platform, waiting station, or
room drink any intoxicating liquor of any kind or
II any person shall be drunk or Intoxicated In any
public private road or In any passenger coach,
street car any public place or building or at any
pnhlic gathering. II any person shall be drunk
intoxicated and shall disturb the peace OF any
person. he shall be guilty OF a msdemeanor, and
upon conviction thereof shall be punished by fine
o: not less than Ten dollars $4,000 nor more
than One hundred dollars ($1OO.0O) or by impris-
onmcnt for not less than five days nor more than
thirty days or by both such fine and Imprisonment
See IL Every railroad conductor is hereby au-
thOrized and empowered to exercise, In any county
OF this State through which the train in charge OF
Bucn conductor passes, all the common law and
statutory powers OF sheriffs In their respective
counties for the purpose OF enforcing the provi-
sions cf the last proceeding section ana 10 arrest
offenders against any such provisions, ana IN 30
dolns are acting for the State and not as en-
ployees OF the railroad company. Arrests for Of
fenses against any such provisions may oe mace
by such conductor without warrant and persons
so arrested shall be delivered by him, to some JUS
tlce OF tho peace police Judge, sheriff. constable
police officer at some station or place within
the county in which the oitense was committed
for trial as provided b. law; Provided that II the
train shall have passed from the county In which
euch ofense was committed, and sor which such
arrest shall have been made then said conductor
shall deli, er the person so arrested to some oncer
another county and he shall be held ana
delivered to some officer Of the county In
IN which the onense was committed and Dc
there held sor trial as provided by law
Prnvidcd that any railroad conductor who Ia act
ualy engaged in the discharge of his duty. and
makes a legal arrest under the provisions OF this
section then and In that case the railroad compa-
ny employing him s.a!l not be liable for damages
10 the person or persons for such arrest
Section 1S. Il shall he unlawful for any person
10 whom any liquors the sale of which is prohib'
ited by this Act( shall be consigned, whether con
signed 10 him in his own name or In nctiuous
name, to give any other person an order lor any
such hlquors to any railroad company, express
company or other common carrier, or to any oni'
GER agent or employee OF any railroad company
expiuss company or common carrier with the In
tent and for the purpose to enable such other per
son TO get receive any such liquor Tor hlmseh or
for any other person persons other than the con.
sence Any person violating the provisions OF
this section shall be guilty OF msdemeanor.
Sec. 49, II shall be the duty OF the County A.
torneys m their respective counASs diligently 10 az
teDd all inqustions held under the provisions Oh ms
Act and diligently to prosecute all violations OF this
Act OF which they may have or can obtain know
ledge end to bring all suits and actions for the re-
covery OF fines. penalties and iorieitures pI9vlueu
for herein: and any county attorney neglecting or
refusing or falling to perform any duty required
by the provisions OF this Act may be removed from
office as hereinafter provided
Sec JoA. ANY officer. agent or employee OF the
railroad company express company. or other com
mon carrier who shall knowingly carry or deliver
any liquors the sale OF whica IS pIon.oneu " us us
Act Ia or for any person 10 be sold bartered. CIV
en- away or otherwise furnished in violation OF
this Act shall be guilty OF misdemeanor ANY
v deliver any such liquors 10 any person other
than the person to whom II Is consigned and Win
OUT a written order In each instance Of the con-
slenoe thereof shall be guilty OF a pisdemeanor'
cec % II shalI he unlawful for any railroad. or