Morgan County republican. (Versailles, Mo.) 1906-1914, 1908-03-05

a fine of not less than three h1nIyed,
noy mere than onr MoxsdnS 10ildrs.
or BY imprisonment in Me county
,aH n0i less than sir months nore
mere Mdn tveiae monfhS, or nv both
sneh fine amt imprisonment.
No persen shall keep Sioye ar de.
Hrer for or to anothes person in any
county that has adopted, or mayhere-
after adopt the local option law, any
intoxicating liquors of any kind what
so-ever. Provided however, that
nothing in this act shall be construed
to prohibit any person from ordering
liquor &or his own or family use where
such liquor is sent direct to the per-
son using same. Any person violat-
ing the provisios of this act shall be
deemed guilty of a misdemeanor and
fined not less than three hundred dol
lars nor more than one thousand dol
lars, or imprisonment in the county
Jail not less than three months nor
more than one year, or by both such
fine and Imprisonment.
Session Acts Of 1907, page 232.
Approved May 10th 1907.
(rhe above section has not been
construed by the Appellate courts. }
The courts having held that the
adoption of the local option law does
not disMace the druggists law, or
effect the same, (other than to change
the penalties), it is next important to
ascertain the rights and liabilities of
druggists in relation to the sale of in
toxicating liquors. Section BOAT X. S.
1899, which grants to druggists and
pharmacists the right under certain
conditions and restrictions 90 sen
Intoxicating liquors. is as follows:
No druggist. proprietor Of a drug
store os a pharmacist shall, directly
or indirectly sell, give away or other
wise dispose OF ab;Shol or Intoxicating
Liquors OF any kind, in any quantity
less than four gallons, for any pur-
pose, except on written prescription
dated and signed, first had and OBJ
taired from some regular rrgisfryr0
tyafiitiRg thrsfnaS, and then only
when such physician shall state in
such prescription the name o
the person for whom the same
is prescribed, and that such in.
toxicating liquor is prescribed as a
necessary remedy; provided that any
druggist or pharmacist may sell ol
give away. in good faith any wine 70,
sacramental purposes; provided fur.
tner, that any druggist may sell alco.
hol in less quantities than four gallons
for art, mechanical and scientific pur.
poses, but only on written applica'
ton signed by person known to the
druggist to be a mechanic, scients
or artist, in which application shal
be stated the purpose for which alco.
hol is to be used.
In State vs. Moore, ]07 No., pag,
7S, the Supreme Court held, ''tha
druggists who make sales of lntox
icating liquors not authorized by the
druggists law, are amenable to th'
punishment prescribed by the loca
option tay, in counties having adopted
local option;' and in addition to sucl
dne and imprisonment, under thu
provisions of Section BOAT, supra.
for Il second offense shall on con
yiction in addition to such fine, have
his certificate of registration rs a
pharmacist revoked.
1t will be observed, that before {
druggist can sell Intoxicating liquor
or give 1t away, he must have Il pre-
scrlpt,on, from some regular reg
istered practiclng physician. Pre-
scrintion must he lnted and Ripnel