The gold leaf. [volume] (Henderson, N.C.) 1881-1911, 1908-01-30
The Prohibition Bill.
FullText of the Act to be Sub
mitted to the Voters of the
State on the Question of
Prohibiting the Manufacture
and Sale of Intoxicating Liq-
,,,r, =, Nortb Carofipa
uors in North Carolina.

Prohibiting the Manufacture
and Sale of Intoxicating Liq-
uors in North Carolina.
Following is the full text of the
prohibition bill which was adopted
by the House and Senate commit
tees on heliquor traffic. The bill was
introduced in the House by Represent
ative Dowd and in the Senate by
Senator Long:
A BILL TO BE ENTITLED AN ACT
TO PROHIBIT THE MANUFAC-
TUPE AND SALE OF INTOXICA-z
TING LIQUORS IN NORTH CARO-
LIMA:
The General Assembly OF North Caro-
lima do enact:
THAT it shall be Unlawful for any per-
son or persons, firm or corporation, to
manufacture. or in any manner make, or
sell or otherwise dispose Of for gain
any spirituous, vinOus, fermented or
malt liquors or Intoxicating b:tters
within the State of North Carolina; pro-
yided this act shall not be construed to
forbid the sale OF such spiritn0us, win
GUS. fermented or malt liquors or intox-
icating bitters by a medical depository
or by any druggist for sickness upon the
written prescription N a regularly Ii,
censed and actively practlcing physician
having the person for whom such pre-
scription is made under his charge,
which said prescription shall specify the
amount OF spirits required and the dis
ease or malady for which it is given;
provided. further, that wines and elders
,0dn from
berries or fruits, raised on the lands nf
manufacturers and sold at the plaA OF
manufacture and only in sealed 'rcrated
packages containing not less t,.,n ) gal
Ions per package; but no wine nor cider
shall be drunk upon the premises where
sold nor shall the package obtaining
the same be opened on said misses
That for the purpose OF tii 5 act spirit
uous, vinous, or maltliquOrs or intoxica-
ting btters are defined to be such spirit
uous. vinous, ormalt liquors or intoxica
ting bitters, or compounds OF either or
other medicines or beverages as the Uni
ted States government levies a special
tax upOn or for the sale OF which a Uni
ted States license is required to be taken
out by the person or persons, orcorpora
ton, proposing to sell the same, and all
liquors or mixtures thereof by whatever
names called which will produce intoxica-
ton shall be construed and held to he
intoxicating liquors within the meaning
of this act
"fhat any physician who shall make
any prescriptions Except i'll case OF sick
ness, for the purpose of aiding or abet-
ting any person or persons who are not
bona fide under his charge to purchase
any Intoxicating liquors contrary to the
provisions of this act and any druggist
who shall sell or otherwise dispose of
for gaiu any spirituous, vinous. termented
or malt liquors or intoxicating bitteIs
without the written prescription OF a
legally qualified physician or Intoxicating
liquors for any person or persons not bona
fde under such physician $ charge, with
not the written direction OF the physician
who gave the same, shall be guilty Of a
misdemeanor and upon conviction shall
be fined or imprisoned or both, in the
discretion of the court for each and every
offense; and all druggists selling intoxica-
ting liquors by prescription as aforesaid
shall keep record thereof which shall
bear the dates OF the sale, the names OF
all persons to whom sales Were made,
| the physician upon whose prescrip tion
| the sales were made and the names OF
| the diseases or maladies for which the
| prescriptions were given; which said rec,
ord shall be subject at all times to the
| inspection OF the solicitor OF the district.
the sheriff and other peace officers OF the
| county. the mayor and police officers Of
| the city or townin which said druggist
| is located and all other persons; and any
druggist failing to keep the record afore-
said, or refusing to permit examination
/ e Inv, hn on
other persons shall be guilty OF a msde-
| meanOr and upon conviction be fined or
imprisoned. or both, in the discretion of
| the court
The place where delivery Of any intox-
icating liquors is made in the State OF
| North Carolina shall be construed and
held to be the place OF sale thereof and
any station or other place within said
State to which any person shall ship or
convey any Intoxicating liquors for the
purpose OF delivery or of carrying the
| same to a purchaser shall be construed
to be the place of sale: provided that
nothing in this act shall be construed to
| prevent the delivery OF any Intoxicating
liquors to druggists in sufficient guam
titles for medical purposes only.
Nothing in this act shall be construed
as making it unlawful to sell to any
minister OF religion or any other officer
OF the church wine to be used for re.
| ligiOus or sacramental purposes.
Nothing in this act shall be construed
| to prevent the county commissioners OF
governing body of any city or town
from prohibiting the sale of spirituous
vinOus, iermented or malt liquors or in
toxicating liquors by druggists in their
| respective counties, cities and towns.
That all laws or parts of laws in con
fict with this act be, and the same are
hereby to the extent OF such conflict repeal!
ed. Provided, however, that nothing in
this act shall operate to repeal any of thu
local or special acts of the General AS
sembly of North Carolina prohibiting
the manufacture or sale or other DISPOSE
ton of any of the liquors mentioned il
this act, but all such acts shall continu,
in full force and effect and in concurrenc,
herewith, and indictment or prosecution
may be had either under this act or b,
special or local act relating to the sam
subject.
Any person violating any OF the pro
visions OF this act shall be guilty of :;
misdemeanor.
That the foregoing provision OF thi
act shall go into effect on the LIST day O
January, 1909, if a majority of the vote
cast at the election hereinafter provide,
for shall be against the mannfactur
: and sale OF Intoxicating liquors.
That on the first Thursday in August
1908, an election shall be held in tn
: Federal election precincts in each coun
! ty to determine whether the provision
2 OF Sections l to 8, exclusive, of this &C
shall become effective Said electio
shall be conducted and held under tn
same rules and regulations and the i
{ same manner as elections for State off
GERS, and unless otherwise provided TO
S in this act the general law regulatin
: elections as set forth in Chapter 90. RI