The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1909-01-22

act, are hereby declared to be public
nuisances and shall be abated in the man.
ner provided by law at the suit of any
citizen of the state.
Guards Against Indirect Licenses.
Sec. 12-No officer of this state. or OF
any county city, town or municipal or
gdnlzdtIOn thereof. shall ever accept or
receive directly or indirectly. any prop
erty, money or thing OF value, either for
himself or for another, OF for the state
county, city or town or municipal organi-
cation, for or in consideration of any
agreement or understanding, expressed or
implied. of any kind, character or nature
whatsoever that any person, individual
or corporate, shall be permitted to vio-
late any provisions of this act. or shall.
because OF the payment or delivery of
any SUCH money, property or thing of
value either by way Of fine, license. per-
munity from arrest, prosecution or pun
tshment therefor ANY such officer
elective or appOintive violating any Pig
vision Of this section. shall be guilty nf
felony, and upon conviction thereof
shall be punished by Imprisonment in the
state penltentiary for not less than one
year nor more than five years.
Sec. 13.-ft shall be the duty of the
county attorneys in their respective coun-
ties diligently to prosecute all viola tions
of this act, of which they may have, OF
can obtain, knowledge, and to bring all
suits and actions for the recovery of
fines, penalties and forfeitures provided
for herein; and any county attorney
neglecting OF refusing OF failing to per-
form any duty required by the provisions
of this act may be removed from office
as hereinafter provided
Sec. H-Any officer. agent OF employe
of a railroad company. express COM
pany OF other common carrier, who shall
knowingly carry OF deliver any liquors.
the sale of which is prohibited by this
act. to or for any person, to be sold, bar
tered. given away OF otherwise furnished
in violation Of this act shall be guilty
Of a misdemcanOr- Any such officer,
agent or employee who shall knowingly de
liver any such liquors to any person other
than the person TO whom II is consigned
and without q written order in each in
stance Of the consignee thereof. shall be
guilty Of a misdemeanor.
Sec. 15-It shall be unlawful for any
railroad or other common carrier, or agent
thereof, or any other person, Individual
or corporate. to ship. receive, transport
carry. handle or deliver any liquors, the
sale Of which is prohibited by this act.
under false OF fictitious name or title;
and any person who shall knowingly vio-
late any provision of this section shall be
deemed guilty of a misdemeanor, and all
liquors shipped under any such fictitious
name or title. or to a fictitious person,
shall be forfeited to the state
Family May Recover Damages.
Sec. 1s-Every wife, child, parent, guard
ian, employer OF other person who shall
be injured in person or property, or means
Of support by any intoxicated person or
in consequence of intoxication of any per-
son, shall have right of action for all
damages actually sustained. in his or her
own name against any person, individual
OF corporate who shall. by selling, barter
ing, giving away or otherwise furnishing
intoxicating liquors, contrary to the pro-
visions of this act, have caused the in
toxication of such person On the trial OF
any such suit, proof that the defendant
OF furnished any such liquors to such in
toxicated person on the day, or about the
time land prior thsreto) of such injury
shall be pTima facie evidence that the IL
quor so sold, bartered, given away or 9TH
erwise furnished, caused such intoxica-
ton. In any action by a married woman,
or other person legally entitled to recover
damages for loss of support caused by
such intoxicatiOn, 1t shall only be neces-
sary to prove that the defendant. or de-
PENDANTS has or have given, bartered,
sold or otherwise furnished intoxicating
liquor of any kind to such person. during
the period when such cause of action shall
have accrued.
Sec. I7-After the second conviction of
any physician. spothecary. druggist, phar-
macist for violating any of the provisions
of this act It shall be a part of the judg-
ment of conviction that the license TO
practice medicine OF pharmacy of such
physician. apothecary. druggist or phar-
macist is revoked. and the court before
whom such person shall be tried and con-
victed shall cause certified copy OF such
judgment of conviction to be certified TO
the state board having authority to issue
such license.
To Remove inefficient Officers.
Sec. 1s-A1 sheriffs. ccnstables. marshais
and police officers, and all county and city
attorneys. shall diligently enforce al the
provisions of this act. If, any such Off
Ger shall fail or refuse to do or perform
any duty required by the provisions of
this act. he shall be removed from office
as herein provided For the purpose of
such removal petition may be filed in
the district court OF the county wherein
such officer resides. in the name of the
state on the relation of any citizen there
Of upon the recommendation OF the grand
fury, grand juror or on the relation Of the
board of county commissioners Summons
shall he issued and proceedings had there
in to final Judgment as IN other civil
cases: provided, however. If an order is
made SuspendinC such officer from his Of
flee as hereinafter provided, he shall be
entitled to demand and have trial within
ten days. II the court he In session If
the court be not I'm session. then the ac-
ctfsed shall be entitled to demand and have
a trial within the first ten days of the
next term. A change Of Judge. or change
of venue shall be allowed as in other civil
cases Pending the trial Of said cause.
applica ton may be made by the relator
therein to any judge Of the supreme
court. or to the Judge Of the district court
wherein such cause Is pending. for an or
der suspending said officer from his Of
flee during the tendency of said suit. and
after reasonable notice to the defendant
Of such application and an opportunity to
show cause II any there be, in opposition
thereto If It shall appear to the salts
faction of such judge that such officer
has failed. neglected OF refused to perform
the duties required Of him by law. then
it shall be the duty Of such iudge to enter
an order slIspendinE such officer from Of
flee until final trial Of the case. and in
such order said Judge she'll appoint a
-froper person to hold such office and per-
form all the duties thereof during the sus
pension. Appeals shall he SllOwel in any
such case as in other .!Y'l cass1s.
Sec 1a-Tt shall he the duty of all sher-
ifs DEPUTY sheriffs. constables. MAYORS,
maTshals. police Judges and police officers
Of any city or town having notice OF
knowledge of the violation of this sci. II
notify the county attorney of tie fact Of
anF sUrh violation. and % IL 'nisH him
WITH the names Of persons within their
knowledge b. whom such violation can be
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