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

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or a., sion among the members OF any club or
soclation by any means Whatsoever, and every per.
ton who shall SELL barter give away otherwise
furnish. distribute divide any such liquors
ceivcd or kept shall be guilty OF misdemeanor.
Sec T. II shall be the duty or any Judge OF the
District County Court upon request OF the
County Attorney or upon the complaint Of any 9TH
err person, supported by afidavit to Issue subpoe-
mas for sny witness that may have knowledge OF
the violaton OF any Of the provisions Of this Act
and sush Judge shall have power and 1t shall be his
duty to compel such Witnesses 10 appear before
him aud give testimony and produce any books or
papers that will assist In the prosecution OF any
person who may be charged with violating any OF
the provisions OF this Act The testimony Of such
witness shall be reduced to writing by said Judge
or by some person desigrsted by him. and the same
shall be signed by such Witness. No person shall
disclose eny evidence taken. nor disclose the
name OF any person subpcenaed, and examined
eAcep. when lawfully required to testify as wit
ness In relation thereto, and the unawfui disclos-
IRE by any person OF any such evidence, or Of any
matter or thing concerning such examination shall
bq a ih'sdemeauor. Should said Judge be unable
70 take the testimony OF said witness for want OF
time he may appoint special Judge who shall pos.
sess the qualifications and have the power In re-
speet TO such matters judge OF the County Court
Should any witness refuse to appear before such
judge, In obedience TO such subpoena or refuse to
produce any books OF papers when lawfully re-
aurtd to do or having appeared, shall refuse to
answer any proper questions. or TO sign his testi-
mony wheu SO required II shall be the duty Of the
said Judge TO punish as for contempt In accoard-
ance with the constitution and laws OF the State.
The special Judge appointed under the provisions
Of this Section shall take oath prescribed by the
Constitution for state Oncers and shall receive the
compensation allowed by law TO Notaries Public
for taking depos'tions. and be paid by the County
In which such proceeding is had, upon the order OF
the Court I'm which the proceeding is pending.
Whom It Is shown upon the taking OF such testmo-
nv that there is probable cause to believe that any
person i.as violated any OF the profsions OF this
Act, said Judge shall issue warrant for the ar
rest OF such person. directed TO any officer au-
thcrized 10 criminal process, commanding
that person so charged b. forthwith brought be-
fore court having jurisdiction OF the onense
charged.
Sec g. Ii 1t shall be made to appear to any
judge of the nltrict Court orCounty Court
or justice OF the peace that there is
probable cause to bslisve that liquors are being
manufactured, sold. bartered given away, or other
fnrnished being kept for the purpose
OF selling, barterlDg giving away or otherwise
furnishing liquors in violation OF this Act. such
Judge magistrate shall issue warrant directed
to any officer OF the county whom the complainant
may designate. having the power TO serve criminal
process commanding him to search the premises
described and designated In such complaint and
and to seize all such liquors there found.
together with vessels In which they are contained.
and all Implements furniture and fixtures used or
kept fer such Illegal manufacturing. selling. bar
tcring giving away otherwise furnishing OF
such liquors. and safely keep the same and 70
MAKO return IN three days of said warrant, show
lag ali acts and things done hereunder with
person persons In whose possession the same
was iourd. II any, and II person be fund In the
possession OF said property, his return shall 30
state A copy Of said warrant shall be served upon
tho person or persons found In possession OF any
such lqu0rs, furniture fixtures 80 seized, and II
n } person he found In the possession thereof a
rony H said warrant shall be posted on the door
OF TIE building or room wherein the same are
found
Sec G. Upon the return OF such warrant AZ pro-
vided in the next proceeding section. the mngis-
tFatc or Judge shall fix a time not less than ten
days or more than thirty days thereafter. for hear
ing u said return. when he shau proceed TO hear
and determine whether or not the property seized.
or any part thereof used In violation of any of
the provisions OF this Act At such hearing any
party claiming an interest in any such property
may appear and be heard. and II upon such bearing
It shall appear that any property so seized was
knowingly used, permitted TO be used. In viola
tion of any provision OF this Act the same shall be
adjudged forfeited to the State and shall be deliv
cred to the custody OF the Superintendent to be dis
posed OF under the provisions OF this Act II upon
such hearing II shall appear that any property SO
seized was not kept used for an unlawful pur
pose. or II any person shall show that he is the
owner OF any furniture, fixtures or other property
seized unGer such warrant, and that the same or
any part thereof were unnwfully used without his
knowledge or consent, the same shall be returned
It's lawful owner,
Sec Z No liquors vessels fixtures furniture
or other property seized by virtue OF any warrant
issued under the provisions OF this Act shall be
taken from the possession OF the ofice selling
same pndeI any replevin or other process.
Sec g. No such warrant shall issue but upon
probable cause. supported by oath or affirmation,
describing as particularly as may be the place to
be searched. or the person or thing TO be seized
Sec No warrant shall be issued to search
private residence. occupied as such. unless It. or
some part OF Il Is used a store. shop. hotel,
boarding house or place for storage, or unless such
residence is a place OF public resort.
Sec 10 When a violation OF any provision OF
this Act shall occur In the presence OF any sherin.
constable. marshal or other oflcer having power
10 servo criminal process. II shall be the duty OF
such officer without warrant TO arrest the offend
er and seize the liquor, bars. furniture fixtures.
vessels and appurtenances thereuuto belonging. so
unlawfuly used. and To lake the same Immediately
before the Court judge having Jurisdiction In
the promises. and there make complaint under
oath. charging the onense so committed ard he
shall also make rotnru settling forth particular
description OF the liquor and property seized and
OF tho place where the same was so seized where
upon he court or Judge shall issue warrant com
mandine and directing The officer 10 hold the prop
erty so seiyed in his possession uni discharged by
due process os law and such property shall be held