The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1909-01-16
LIQUOR MEASURE
IS INTRODUCED
First of Bills Respecting Pro-
hibitiOn and Local Option
Makes Appearance.
SWEEPING IN ITS SCOPE
ONLY DOCTORS MAY AUTHORIZE
USE OF INToXIcANTs.

The first of what viii probably be 3
series of prohibition or local option laws
was introduced in the house yesterday by
Porter of Morgon. The bill provides for
absolute prohibition. as the term is gen
orally understood and is ~aid to be the
official vehicle of the Ant-SaioOn league.
J ne manufacture and sale OF liquor of
any kind except on a physicians pro-
scription, according to the terms of the
OH. Is prohibited. Penalties are pro-
vlded for doctors who issue unwarranted
PRESCRIPTIONS. Penalties. too. are prO-
Vlded for the owners and lessees Of prop
erty wherein liquor is DISPOSED o. The
titie OF the bill is AN act to prohibit the
manufacture. sale or otherwise disposinE
or intoxicating liquors, and providing pen
alties for violations thereof, and eonsti-
tuting Tines imposed lien upon the prem
lses wflere Intoxicating liquors were soil.
and repeating title 80. Compiled Laws Of
LIah, 1900, and subdivision 81 Of section
-'v' compiled Laws Of Utah, 1901.
Provisions of Bill.
The, The text Of the measure follows:
be " enc 2ted by the legislature Of the
state Of Utah;
Section 1. That it shall be unlawful
lof any person to manufacture. sell. bar
! yer, 1eai out, or otherwise dispose of am
Utah.
Sec 2. The sale by 2 regularly H.
eensed druggist Of prescription for med
scflpton Of a regularly licensed physician
one or all Of the ingredients Of which is
composed of Intoxicating liquor shall not
pc violation OF this act Every physi-
can issuing a prescription for intoxicating
liquor must certify on such prescription
that the health of the person TO whom the
prescription is issuee will be promoted
by the particular kind of liquor pre-
scrlDed- Any physician falsely certifying
snail be guilty of a misdemeanor.
sec. 3, It shall be unlawful for any
person TO obtain from a physician a pre-
ScriptIon to which one or all of the in
gradients is composed Of Intoxicating
liquor for other than medical PURPOSES:
ana Inc fact that the person obtaining
such prescription became intoxicated
thereon shali be Drfma facie evidence that
such prescription was obtained With such
intent.
Sec, 4 1t shall be unlawful for any
PHYSICIAN or other person TO issue pre-
scrlpuon IN which one OF all Of the in
gradients is composed Of intcxi ating
liquor, with intent 10 aid any person TO
procure intoxicating liquor to be used for
other than medical purposes ANY physi-
clan found guilty Of violating the pro-
visions Of this section shall. in addition
TO the penalty hereinafter provided. b.
prompted from practicing medicine with
IN this state, and it shall be the duty II
the court before whom the trial is had 10
decree q cancellation or revocation Of The
physicians license or certificate and GER
tify the same to the secretary of the state
upon the secretary Of such board and the
county recorder shall perform the duties
IN relation to such csncellati On as re-
CURED by section 17s5 Of the Compiled
Sec ;. II shall be unlawful for any
person TO permit the sale or otherwise
disposing of any intoxicating liquor upon
premises owned by him.
Penalties Are Provided.
Sec s. Any person violating any pro-
vision Of this act shall be guilty of a mis-
demeanor- and upon conviction thereof
shall be punished for the first offense hv
a fine Of not less than two hundred dol
lars nor more than five hundred dollars.
and upon conviction of a second and each
subsequent offense under this act shall
be punished by fine of not less than f.
hundred dollars and not more than one
thousand dollars, or by Imprisonment Of
not less than thirty days and not more
than six months in the county fall or nv
both such fine and Imprisonment in the
discretion Of the court
Sec. :. Whsn the person actually sell
ing or otherwise disposing Of intoxicating
liquor 10 employed for Tat purpose ~
any other person. the person selling and
the person employing are both equal :
guilty. and may he Informed against and
tried jointly or separately.
Sec. 8. Every fine imposed for a viola
ton of any provision of sections I and 4
or this act is hereby constituted a lien
upon the building IN which the intoxicst-
ibE liquor Vas aOlu. as wei as uDOn The
ground upon which such building stsSlGs
And the jury or judge trying any person
for violation OF any Of the provisions
Of said sections shall. if the person is
found guilty, make a special finding as
to what premises the Intoxicating liQuor
was sold upon; and If fine is imposed
the court shall enter a decree constitbt-
ing such fine lien Upon such building
and grounds If the said premises arr
leased. the fine shall first constitute 4
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