Reporter and farmer. [volume] (Webster, Day County, Dakota [S.D.]) 188?-1946, 1908-10-22

those townships, towns and cities that
shall cast a majority vote in favor thereof
at the regular annual municipal elections
But 1t shall not be lawful to grant permits
in any other township, town or city in such
county nor shall any such permits be
granted after the expiration of two wears
unless at the next general election a vote
shall have been had in accordance with
the provisions of this act and a majority of
the votes cast upon such question shall
have been in favor of granting such per
mitS.
Provided further; that at any time before
the general election to be held in the year
1910 said question of selling Intoxicating
liquors may be submitted to the electors
at a special election called for that purpose
when petition signed by at least twenty
per cent of the qualified electors of said
county shall be filed with the county audi
tor. Said election shall be conducted in
manner and form as near as may be as the
same is hereinbefore provided for the sub
mission of said question to the electors of
any county at any general election. If a
majority of the votes cast at such special
election shall be against the sale of intoxi-
eating liquors within such county no per
mits for such sale shall be granted in such
county, nor in any precinct. township town
or city therein from and after the first day
of July next following said election. If a
election shall be in favor of the sale of in
toxicating liquors within such county, it
shall be lawful until the next general cleo
ton to grant permits for the sale of intoxi-
eating liquors only in those precincts
townships, towns and cities that shall cast
a majority vote in favor thereof at their
regular annual municipal election as pro-
vided in this act.
5 2 In determining whether such petit
ton asking for county vote on the ques-
tion OF granting permits for the sale of in
tox1catlng liquors in any county, contains
the requisite per centage of legal voters as
SignerS, said per Centage shall be based
upon the total vote for governor at the last
preceding general election.
3, Nothing in this act shall be so con-
strued as to prohibit the sale by qualified
pharmacists as now designated by law, of
pure alcohol for scientific and manufacture
ing purposes, or wines TO church officials
for Sacramental purposes, nor alcoholic
stimulants as medicine in cases of actual
sickness, but such StimulantS shall be sold
only upon the written prescription of a
regular praCtiCing physician, dated and
signed by him, and certified, on his honor,
that he, the physician, has personally eN-
amined the applicant, naming him, and
that he finds him actually sick and in need
OF the stlmulant prescribed as medicine;
provided, that physician who does not
follow the practice of medicine as prinCi-
pal and usual calling shall not be author
lied to give the prescription provided for
in this section; and provided, further, that
no person shall be permitted to sell more
than once on the same prescription, nor
shall any person be permitted to sell at all
on the prescription of a physician not
herein authorized to give it, nor on
prescription which is not dated, signed
and certified as above required. Every
peTSOn Selll1lS SuCh St1fnulantS upon the
prescription herein provided for shall inn
mediately upon such sale cancel such
prescription by endorsing thereon the word
cancelled" and the date of cancellation,
and shall keep the same on file in the drug
store where such sale is made. A record
of all sales of spirituous or vinous liquors
shall be kept by the druggist or person
making such sales, in a book in which
shall be recorded the date of the sale, the
| name of the purchaser, the residence of
the purchaser, the kind and quantity of
liquor sold, the purpose and use for which
! it is purchased, the price charged, the
name of the physician If on prescription
and the signature of the purchaser. Said
records, book and prescription file shall be
open to the inspection of the public, and
any person who shall fail to keep such
record or shall fail or refuse to make any
entry therein required by law or shall
destroy or alter or change in any way any
| such record or any entry therein or any
| prescription, or shall fail to cancel any
such prescription, or shall sell intoxiCat-
| ing liquors for medicinal purposes except
ON a written prescription shall upon con-
viCtion be fined not less than fifty dollars
nor more than five hundred dollars or be
| imprisoned in the county Jail tor not less
! than ten nor more than thirty days, or be
punished by both such fine and imprison-
ment, and any person who shall be guilty
of a second or subsequent otfenSe shall be
! punished as now provided by law
| 4, Any person or persons who shall
engage in the business of selling intoxi-
eating liquors in any precinct, township,
town or city in any county without a per
NIT as hereinbefore provided and contrary
to the provisions of this act shall be guilty
of miSdemeanor and upon conviction
shall be punished as now provided by
Section 1898 of the Revised Political Code
of 1903
5 5. Any board, officer or officers who
shall accept any bond of any person, firm
or corporation intending to engage in the
business of selling intoxicating liquors,
or who shall grant, issue or deliver any
permit for the sale of Intoxicating liquor
contrary to the provisions of this act, shall
be deemed guilty of a misdemeanor and
upon conviction shall be punished by a
fine of not less than fifty dollars nor more
than two hundred dollars and the costs of
prosecutions, or by imprisonment in the
county Jail for not less than ten nor more
than thirty days or by both such fine and
imprisonment.
6. All acts and parts of acts in conflict
with this act are hereby repealed.
Shall the above law become law of
this state?'