Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1909-01-23

0r furnishing alcoholic Uuuor in whole
sue Quantities Go regular licensed ice
lall druggists OR to public cor charity
lu pitfalls on to medical or pharmaceuti-
cil colleges or Go scientific schools oI
institutions AN wholesale druggists
shul Doe required Go keep complete
record of am salUs OF alcoholic liquor
which record shah az am times bo opcu
for inspection 20 the regular authou-
tics of such counties or cities in which
such wholesale stores are located ANY
physician who shall issue O. prcscrlp-
ton hereunder containing any false
statement shall De guilty of q missile
moanor; and druggist who shall nn
any prescription for alcoholic liquor
otherwise than herein allowed. or vino
shall fail TO file "a prescription filed by
nina with the county clerk within the
Time prescribed, shall be- guilty OF
misdomeanor. ANY person who shall
obtain alcoholic liquor for another in
accordance with the terms hereof. and
sn1ll convert the same to- any other
us" han be guilty of "a misdcmcanor
DENATURED ALCOHOL.
Sect It is further enacted thut
nothing tn this act shall prohibit the
sale of wood or dcnatured alcohol for
art, scicntihc or mechanical purposes,
on grain alcohol for bacterologists. who
are actually engaged in that class of
work said use OF grain alcohol to hC
Tor scientific purposes only. as shown
| by au AFFIDAVIT duly sworn to by such
person. Any person who shall make
any false statement IN any such aflidd-
VT shan be guilty Of "a misdemeanor.
Sec. D. Every person who shall with
M this state, directly or indirectly. keep
% 1fH Nra hI N.ss Cad
ing on combining with others. any club
room or other place in which any al
c0hoic liquor, is received or kept for
the purpose Of selling. bartering. giving
/ away. q otherwise furnishing. or for
distribution or division among the MEM
bcrs OF any club or association by any
means whatsoever, and every person
who shall sell. barter, give away or
otherwise furnish, distribute or divide
any such alcoholic liquor so received or
kept shall be guilty Of "a misdemeanor.
SEARCH WARRANTS.
Sec. 6. II il shall be made 70 appear
10 any judge Of a district court or
justice OF the peace that there Is prob
able cause 20 believe that alcoholic
liquor Is being manufactured, sold, bar
tered, given away. OF otherwise fur
nished. or is being kept for the purpose
OF selling, bartering, giving away or
otherwise furnishing I'm violation of this
act such judge or magistrate shall issue
"a warrant directed TO any officer Of the
county whom the complainant may
designate, having the power 20 serve
criminal process, commanding him
10 search the premises de-
scribed and designated in such
complaint and warrant. and 10
seize all such alcoholic liquor there
found, together with the vessels i'm
which they are contained. and all inn
piemcnts furniture and fixtures used
or Kept Tor such Illegal manufaCtur-
ing. selling. batering, giving away,
or otherwise furnishing Of such H.
quors and safely keep same and TO
make return within three days Of
said warrant, showing all acts and
things done hereunder. with a par
tcular statement of all property seis-
ed, Of the person or persons in whose
possession the same was found III any
and II no person be found in the pos
session Of said property. his return
shall so state A copy OF said war
rant shall be served upon the person
or persons found in possession Of any
such alcoholic liquor furniture or fix
lures SO seized and if no person be
found In the possession thereof a copy
of said warrant shall be posted on
wherein the same are found.
Sec. z. Upon the return of such
warrant as provided In the next pre-
ceding section, the magistrate or
Judge shall fix a time. not less than
ten days nor more than thirty days
thereafter for hearing OF said return.
when he shall proceed TO hear and
determine whether or not the property
so seized. OF any part thereof was
N tnN e. s.H
visions OF this Act At such hearings.
any party claiming an interest in any
such property, may appear and he
heard. and IL uuon such hearing IL
shall appear that any property so
seized was knowingly used. or permit
ted 20 be used, In violation OF any
provision Of this Act. the same shall
be adjudged forfeited 70 the state. If
upon such hearing IL shall appear
that any property 30 seized was not
kept or used for any unlawful pur-
pose, or N any person shall show
that he Is the owner of any furniture,
fixtures or other property seized un-
der such wayrant. and that the same.
or any part thereof were unlaWfully
used without his knowledge or COM
sent the same shall be returned 70
Us lawful owners.
Sec. 5. No alcoholic liquor, vessels.
fixtures, furniture or other property
seized by virtue OF any warrant IS
sued under the provisions OF this act
shall be taken from the possession of
the officer SELLING the same under any
repleVin or other process.
Sec. 9. No such warrant shall is
sue but upon probable cause. supported
by oath or affirmation describing as
particularl~ as may be the place 20 be-
searched or the person or thing TO
be seized.
SEIZURE on PROPERTY.
Sec. TO- When a violation of any
provision OF this act shall occur Ia
the presence OF any sheriff cons table
marshal or other officer having power
10 serve criminal process, IL shall De
the duty OF such officer without war
rant 10 arrest the offender ana seize
the alcoholic liquor bars furnitu 30
lures. vessels and ar0urtenances there
unto belonging unlawfully used. and
20 take such offender or offenders im-
mediateN before the court or judge
having Jurisdiction Ina the premises.
and there make complaint, under oath
charging tho onense so committed
ana he shall also make return setting
Oh particular description of the
alcoholic liquor and property seized,
and Of the place where the same
so seized, whereupon the court or
Judge shall issue q warrant command