Alma record. (Alma, Mich.) 1878-1928, 1908-04-29

considered a drug, medicine ana Tor
the use of art only, and the same shall
be subject to the same regulations ana
as are herein contained
relative to the dispensing OF drugs
medicines and poisons and compound
ing of prescriptions and all violation
hereof shall be subject to penalties
prescribed by the general penal laws OF
this act. A book shall be kept ana
all sales of liquors shall be recorded
therein, giving the purchasers name
address, quantity and for what pur-
pose 1t is furnished, said book to be
open for ins .Jection to board OF in-
spec,ors of pharmacies of this state,
and to be kept at least one year after
date of last sale, except such as is dis
pensed on physicians prescriptions. y
Under the provisions of this law the
sale of liquor must be considered as
drugs. of medicines and therefore
sales cannot be made except by reg
ular pharmacist. This would make
drug store saloons employ registered
pharmacists by whom all sales must
be made. AS we nderstand 1t no clerk,
not a registered pharmacist. can. un-
der the law, sell liquor. Severe
penalty is attached to each violation
upon conviction.
Sec. 26 of Public Acts 1908, Page
528 regarding the giving of fictitious
names to druggists to procure liquor
reads rs follows:
The giving a false or fictitious
name to the apothecary, druggist, or
other person from whom such poison
WAS -purchased, shall be deemed a
misdemeanor, and the person or per-
sons guilty thereof. shall upon con-
viction thereof be liable to a fine not
exceeding $50
Inasmuch as the sale of liquors Is
considered as drugs, medicines, the
giving of fictitious name to drug
gists for the procuring of liquor Is
subject to penalty of not exceeding
$50.
Sec. 543O of Compiled Laws 1897
page 1717 provides for right of parties
to bring civil damage suits for inega
sales of liquor and reads as follows:
I'm every county in this state where
the provisions of section one and two
of this act are operative every wife
child, parents, guardian, husband o
other person who shall be injured IL
person or property or means of support
otherwise by any intoxicated person
or by reason of the selling giving oi
furnishing TO any person any vinou
malt, brewed fermented, spirituou
or Intoxicating liquors In violation o
Sec | of this act shall have right o
action in his or her own name agains
any person or persons who shall b.
selling or giving any such liquors hav
caused or contributed to such injury
and in an action provided for in thi
section the plaintiff shall have righ
!
20 recover actual and exemplary dam
ages in case of the death of eithe
party, the action ard right of actio
given by this section shall survive T.
and against his or their executor o
administrator. And in every actio
by any wife, husband. parent, D
child, generally reputation OF tn
relation of husband and wife, paren
and child shall be prima facie evidenc
of such relation. and the amount
recovered by every wife or child shal
be his or her sole and separate prof.
erty. Such damages. together wit
the costs of suits shall be recoverabl
in an action of trespasses on tn
case before any court of competer
judisdiction. And in any case whei
parents shall be entitled to such dam
ages either the father or the mothe
may sue alone therefor. But recover
by one of said parties shall be part
to a suit bought by the other"
Decision regarding sale of har
cider.
In the case of the People vs.. Irwin
Adams in the 95 Michigan, Page 54l
the Supreme Court of this state a
members Of the Supreme Court cor
curing declared in part as follows;
The statute prohibits the sale
e - fnrac1roac \
as to whether cider which Is fermente
! is intoxicating, whatever the state
fermentation. This was a cas-
brought before the Supreme Court
his state from Van Buren, county |
violation of the local option Law
Several other decisions by the 81
preme Court of this state confirm tn
above, and cover various phases of tn
fermented cider proposition, not nece'
sary to mention here. Some of tbes
decisions may be found in
Gath Michigan Reports, Page 7iS
124th Michigan Reports, Page At
In the I24th Michigan above referre
to. the Supreme Court decided sit
an immaterial inquiry whether
not, the cider had reached stage
} fermentation which rendered IL III
toxicating
According to decision of the Mich
igan Supreme Court. il is in defens
for the one selling liquor to stat
that from appearance, or statement
of the one buying it, the believe