The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1909-01-22
AMTI-SALOON
LEAGUES BILL
Is NOW READY
centlnued from PAGE 1.

I
from selling or furnishing alcohol in
wholesale quantities to regular licensed
retail druggists, or to public or charity
/ hospitals, or TO medical or pharna ceuticsl
colleges; provided that this act shall not
I be construed to prevent the wholesale
druggists from selling to the trustees of
any ecclesiastical society OF corporation,
| wine OF vinous liquor for sacramento pur-
poses. Be it further provided that all
wholesale druggists shall be required to
| keep a complete record OF all sales of al
cohol. which record shall at all times be
open for inspection to the regular authori-
ties Of such counties or cities in which
such wholesale stores are located.
| Sec. Z.-WhOever is found guilty of VIC
lating any of the provisions of the preced-
| ing section for the first offense, shall
pay fine of not less than $50 nor more
than S100. and costs of prosecution, and be
| committed to the county jail for ninety
days; for the second and each subsequent
offense he shall pay upon conviction there
OF fine of not less than $500, nor more
than 500, and costs of prosecution. and
be imprisoned in the county jail not to
exceed six months.
Prohibition in Clubs.
Sec. 3.-Every person who shall within
this state. directly or indirectly. keep or
maintain by himself or by association or
combining with others, any club room or
! other place in which any liquor, the sale
of which is prohibited by this act. is re-
( ceived OF kept for the purpose of selling.
! bartering, giving away. or otherwise fur
nishing, or for distribution OF division
I among the members of any club or asso-
| citation by any means whatsoever and
every person who shall sell, barter. give
away, or otherwise furnish. distribute or
divide any such liquors so received or kept
! shall be guilty of a misdemeanOr
! Sec. Aft # shall be made to appear to
any judge of the district or justice of the
/ peace that there is probable cause to be-
/ lieve that liquors are being manufactured,
I sol ar1e ~4h nr s-n
! furnished, or are being kept for the pur-
pose of selling. barteTing, giving away, or
| otherwise furnishing liquore in violation
/ OF this act, such judge or magistrate
| shall issue a warrant directed to any Of
/ ficer Of the county whom the complainant
may designate, having the power to serve
/ criminal process, commanding him to
/ search the premises described and desig-
mated in such complaint and warrant, and
to seize all such liquors there found. to-
gether with the vessels IN which they are
/ contained. and all implements, furniture
ana fixtures used or kept for such illegal
manufacturing. selling, hartering, giving
away, or otherwise furnishing of such
/ liquors, and safely keep the same, and to
/ make return within three days of said
warrant. showing all acts and things done
/ hereunder, with particular statement Of
/ all property seized. of the person or per-
sons in whose possession the same was
found If any and If no person be found
in the possession of said property his re-
2
rant shall be served upon the person or
1 persons found in possession of any such
liquors, furniture or fixtures so seized.
and If no person be found in the possess
be posted on the door of the building OF
room wherein the same are found.
Sec. 5.-Upon the return of such war;
I rant as provided In the next preceding
section, the magistrate or Judge shall fix
a time. not less than ten days nor more
Z than thirty days thereafter, for hearing
of said return. when he shall proceed to
near and determine whether or not the
property so seized. OF any part thereof.
was used in violation of any of the pro-
visions Of this act At such hearing any
party claiming an interest in any such
property, may appear and be heard and
If upon such hearing il shall appear that
any property seized was knowingly used.
or permitted to be used, in violation of
any provision of this act, the same shall
be adjudged forfeited to the state If upon
such hearing It shall appear that any
property so seized was not kept OF used
for any lawful purpose, or il any per
son shall show that he is owner of any
furniture, fixtures or other property seized
under such warrant. and that the same
or any part thereof, was unlawfiiiiv used
without his knowledge OF consent. the
same shall be returned to its lawful
owners.
No RePIevin for Property.
Sec. 6.-No liquors, vessel. fixtures. fur
tltltS OF otneE property SelLeQ Dy virtue
of any warrant issued under the provt
sions of this act shall be taken from the
possession of the officer seizing the same
under any repievin or other process.
Sec. NO such warrant shall be is
sued but upon probable cause supported
by oath or affirmation describing as par
ticularly as may be the place to be
searched, or the person or thing to be
seized.
Sec. s-No warrant shall be issued to
search private residence occupied as
such, unless IL. or some part of II. is
used as a store. ship. hotel boarding
house, or place for storage. or unless strcn
residence is a place of public resort.
Sec S--When a violation of any pro-
vision of this. act shall occur in the pres
ence OF any sheriff. constable. marshal o.
other officer having power to serve Grim
inai process. IL shall be the duty of such
officer without warrant, to arrest the
offender and seize liquor. bars. furniture
fixtures. vessels and appurtenanees there
unto belonging. so unlawfully used. AMI
to take the same Immediately before the
court or judge having jurisdiction in the
premises, and there make complaint. I'M
der oath. charging the offense so COM
mitted. and he shall also make a return
setting forth particular description of
the liquor and property seized. and of
the place where the same was so seized
whereup0n the court or judge shall issue
a warrant commanding and directing the
officer TO hold the property so seized in
his possession until discharged by due
process Of law. and such property shall
be held tn like manner as If the seizure
had been under a warrant therefor
Owners of Buildings Are Liable.
Sec. 1e.-It shah ne unlawful for the
owner OF owners OF any real estate, build
ing, structure. OF room. to use, rent. lease.
or permit the same to be used for the
purpose of violating any provision of this
act Any person who shall wilfully VIC
late the provisions Of this section shall
- guilty Of a misdemeanor. and in ad-
dition thereto. shall be liable to a pen
atty Of not less than 500 dollars nor
more than 8. 600 for each offense to be
recovered at the suit of the state. The
penalty SO recovered al the suit shall be-
come a lien on the property and prem
ises so used, leased OF rented in viola
ton Of this act from and after the date
Of the filing Of the suit to recover such
penalty, and the filing of a notice of the
pendancy OF such suit with the recorder
OF the county wherein said property is
located, and upon final Judgment said
property may he sold as upon execution
to satisfy the same together with costs
OF suit; provided. however. that such
lien shall not attach to property under
control of any receiver trustee, guardian
OF administrator: but in such case the
receiver. trustee. guardian or administra-
tor shall be liable on his official bond