American Falls press. [volume] (American Falls, Idaho) 1907-1937, 1909-02-13

locations to be filed with the county
auditor of his county
Sec. 27. All peace officers shall see
that all the provisions of this Act are
faithfully executed within their re-
spective jurisdictions and when they are
informed or have reason to believe that
the laws have been violated, and that
proof thereof can be had, they shall file
proper complaint against the Offend
ing party before a magistrate, who
shall thereupon proceed according to
law. Upon trials of such cases the
prosecuting attorney of the county shall
faithfully prosecute the same. Any
peace officer or prosecuting attorney
failing to comply with the provisions of
this Act shall be guilty of misde-
meanor and be punished as herein pro-
vided. A second conviction shall cause
forfeiture of his office. A prosecut-
ing attorney charged with violating his
duty under this Act shall be prosecuted
by the attorney general, or one of his
assistants, or by some other attorney
designated by the attorney general.
Sec. 28. A prohibition district within
the meaning of this Act is any district
or territory in the state of Idaho in
which the sale of intoxicating liquors is
prohibited by law.
Sec. %, The provisions of this Act
shall extend to all sales or other dispo-
sitions of intoxicating liquors, whether
by retail or wholesale dealers or any
seperate or isolated sales or dispositions
within any prohibition district within
this state, but shall not apply to sales
made at wholesale by persons, associa-
tions or corpora tions, who manufacture
from raw materials, of the products so
manufactured, when the same are in
fact delivered under such sales outside
of prohibition districts, or to sales
made to registered pharmacists or other
persons who are legally authorized to
handle or sell intoxicating liquors.
Sec. 80. The punishment for misde-
meanors hereunder and for violations of
the several provisions of this Act,
where not otherwise specifically pro-
vided for, shall be fine Of not less than
twenty-five dollars nor more than five
hundred dollars, or Imprisonment in the
county Jail not less than ten days nor
more than six months, or both such
fine and imprisonment.
Sec. 81. The words Intoxicating
| liquors" as used in this Act shall be
deemed and construed to include spirit
uous, vinous, malt and fermented liquors,
and all mixtures and preparations
thereof, including bitters and other
drinks that may be used as a beverage
and produce intoxication.
Sec. 32. No person who is otherwise
competent as witness is disqualified
from testifying concerning any unlawful
sale of Intoxicating liquors within pro-
hibition districts on the ground that his
testimony may incriminate himself,
but no prosecution can thereafter be had
against him for any offense concerning
which he testifes.
Sec. 33. Upon the trial of any per-
son indicted or informed against for the
violation of any law which prohibits the
sale of any Intoxicating liquors, it shall
be competent to prove that the defend
ant has obtained license or tax receipt
from the Internal Revenue Department
of the United States to sell such liquors
aforesaid at the place named in the
indictment or information for period of
time including the time charged in the
indictment or information, and parol
testimony may be received of the exist
ence of such license.
Sec. 81. This Act shall be literally
construed to promote the purpose of its
enactment.
Sec. 35. All Acts and parts of Acts
in conflict herewith are hereby re-
pealed.