The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1909-02-12
HOUSE FOR PROHIBITION
BY OVERWHELMING VOTE
Continued From Pane

Continued From PAGE l.
IN person or BY sign. circular, letter. card,
ltice hSs, advertisement q otherwise. or
| 20 distribute. publish OF display any adj
~ tiseulent, sign or notice where any
sech aieohoiic liquor may be manufac-
otb 81, oar Tered, sold given away, or
session OF any such alcoholic liquor with
| tls intention OF violating any Of the pro-
s,asioIis OF this act violation OF any of
mis5 p,oslslons OF this section shall be
Sec: 2-The term alcoholic liquor, as used
l ~ Vie act, SHAH be construed to mean al
| spirituous. viRous fermsnted OF malt H.
yuofs OF any imitation thereof or substi-
| ute tiefefor OF compound Of any kind or
o oss Whatsoever, whether msdi-
beverage
See 9-NothiBe in this act shan prohibit
art scientific OF MECHANICAL purposes
| sec e-ENery person who shall within
thls state directly OF indirectly. keep or
l.sln h oy himself or by aszoeiating OF
/ COMBINING with others any club room or
otheF place IN which any alcoholic liquor
| = received or kent for the purpose or
se,l naytsrins. giving away, or other
I Mlse furnishing OF for distribution OF d.
vision among the members % any club or
4 association BY any means whatsoever, and
every person who shall sell, barter, give
/ away or otherwise furnish, distribute OF
4 demeanor
Sec 8 If it shall be made to appear
TO anS judge Of district court or JUS
/ tee OF the peace that there is probable
cause to believe that alcoholic liquor fs
being manufactured. sold, bartered, given
away or otherwise furnished, or Is being
. kept fer the purpose OF selling OF other
/ wise furnishing alcoholic liquor In VIOLA
/ ton OF this act, such judge OF magistrate
/ snail issue warrant directed to the sher-
& Of =
ciHct, commanding him TO search the
I premises described and designated in such
warrant and to seize all such aleohouc
/ liquor there found, together with the yes
| sells in which IL is contained and TO safely
keen the same, ana to make return with
I In three days of said warrant, showing
/ all acts and things done hereunder. with
particular statement OF all alcoholic
/ liquor seized. Of the personsor persons in
I whose possession the same was found, II
aay, ana If no person be found in the
possession of said alcohol liquor his re-
turn shall 50 state. Ii shall be the duty
Of such officer Immediately to report 20
the county attorney Of the county, his
acts under such warrant; and If the facts
reported satisfy the county attorney, that
the alcoholic LIQUOR seized was held in viO-
lation Of this act, he shall forthwith cause
a warrant to be issued for the person so
violating the provisions OF this act. Inc
officer ssizing such alcoholic liquor shall
hold the same until the trial of the case.
]
issued within five days. the officer seiz-
ing such alcoholic liquor shall return the
same to the person from whom they were
taken.
Sec. 6. If upon the trial of any per-
son arrested under the provisions OF the
next preceding section, he shall be found
guilty. the alcoholic liquor so seized shall
be forfeited TO the state and shall upon
the order of the court be destroyed
Sec. Z. No alcoholic liquor. or vessels /
seized by virtue of any warrant issued IN
der the provisions of this act shall be ia
ken from the possession Of the officer seiz-
ing the same under any replevin or other
process
Sec 8 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 9. When a violation OF any provi- |
sion Of this act SHAH occur IN the presence
Of any sheriff. constable. marshal OF other /
officer having power 10 serve crininal /
process. IL shall be the DUTY of such 'offt- /
Ger. without warrant TO arrest the OF
vessels so unlswfully used. and TO |
take such offender or offenders immedi- /
ately before the court or Judge having /
jurisdiction in the premises. and there |
make complaint under oath. charging the !
cffense so committed. and he shall also |
make return. setting forth a particular I
description of the alcoholic liquor and |
property seized and of the place where 1
court OF judge shall issue a warrant com
manding and directing the officer 10 hold I
the property so seized in his possession /
until discharged by due process Of law, /
and such property shall be held in Ike
manner as if the seizure had been made /
under warrant therefor.
sec. 10. 1t shall be unlawful for the |
owner OF owners of any real estate. build /
ing. structure. OF room TO use, rent lease
OF permit the same to be used for the /
purpose of violating any provision Of this 4
act ANY person who shall Wiffully violate I
the provisions Of this section shall be /
guilty OF a misdemeanor. and upon con- I
victicn thereof shall be punished by a 4
fine in any sum not less than $3.50. and not 1
more than 81 100. The fine so imposed shall |
constitute a lien on the property and 1
premises so used. leased OF rented IN VIOLA /
ton Of this act from and after the date OF 4
the Judgment. After judgment execution |
shall issue. and the said property shall 4
be sold to ss tisfr the same together with 4
costs Of suit; provided. however. that such |
lien shall not attach 20 property under 4
the control Of any receiver, trustee. guar /
dian. executor or administrator acting IN 4
der bonds. but In such case the receiver !
trustee. guardian. executor OF admins +
traitor shall be liable on his official bond /
Tor the fine so imposed All leases between /
landlords and tenants under which any /
tenant shall use the leased premises for I
the purpose Of violating any provisions OF 1
this act shall be wholly null and void. /
and the landlord may recover possession /
Thereon as in f0rciDte entry ana detaiIler-
Sec. II. All places where alcoholic liquor I
of any kind Is manufactured. sold bar /
tered. given away OF otherwise furnished 4
in viola ton OF any of the provisions of I
this act. are hereby declared to be pub I
lie nuisances and shall be abated in the /
manner provided by law at the suit of /
any citizen Of the state. If the owner |
Of any such place shall have procured 4
United States internal revenue L
special tax stamp. or eertifi-
cate of payment Of the revenue /
special tax for the manufacture /
or sale of intoxicating liquors at such /
place, such fact shall be prima facie evil
dence Of the manufacture or sale Of in
toNica ting liquor at such place. A Ger
titled copy of the application for any /
such revenue stamp. OF Of the cer-ifi-