The Ogden standard. [volume] (Ogden City, Utah) 1902-1910, 1909-01-25


used for the purpose OF violating any
provision of this act. Any person who
shall wilfully violate the provisions OF
this section shall be guilty OF a mis-
demeanor and upon conviction thereof
shall be punished by fine In any sum
not less that $780, and not more than
$1,000. The fine so imposed shall con-
stitute a lien on the property and
premises so used, leased OF rented In
violation of this act from and after
the date Of the judgment, after judg-
ment execution shall Issue, and the
said property shall be sold to satisfy
the same, together with costs of suit;
provided however. that such lien shall
not attach to property under the CON
troll of any receiver. trustee. guardian
or administrator, but in such case the
receiver, trustee, guardian or admin.
istrator shall be liable on his official
bond, for the fine SO imposed. All
leases between landlords and tenants
Under which any tenant shall use the
leased premises for the purpose Of vio-
lating any provisions Of this act, shall
be wholly null and void, and the land
lord may recover possession thereof as
in forcible entry and detained.
PenlSentlaTy OHen6o
Sec IL. All places where alcoholic
liquor Of any kind is manufactured,
sold. bartered, given away or other
wise furnished in violation of any of
the provisions of this act, are hereby
declared to be public nuisances and
shall be abated In the manner proyid
ed by law at the suit of any citizen Of
the state.
Sec. 13. No officer of this state, or
any county, city, town or municipal
organization thereof, shall ever accept
or receive, directly OF indirectly, any
property, money OF thing of value,
either for himself or for another, or
for the state, county, city or town or
municipal organization, for or in con-
slderation of any agreement or under
standing, expressed OF implied, Of any
| kind, character or nature whatsoever,
that any person, individual OF corpor-
ate shall be permitted to violate any
provision Of this act or shall, because
OF the payment or delivery of any such
money. property or thing of value,
either by way of fine, license, permit
or otherwise. receive or secure immu-
nifty from arrest, prosecution or pun
lshment therefor. Any such officer,
elective or appointlve. violating any
provision of this section shall be pun
ished by Imprisonment in the state
penitentiary not less than one year
and one day or more than five years.
Railroads Curbed.
Sec. IA 1t shall be unlawful for
| any railroad or other common carrier.
or agent thereof, OF any other person,
1 L. 4 s,,s oh
ceive, transport, carry, handle OF de-
| liver any alcoholic liquor. the sale OF
which is prohibited by this act, from
| one point to another within this state,
| and any person who shall knowingly
| violate any provision Of this section
shall be guilty OF misdemeanor and
all liquors so shipped shall be forfeited
| to the state.
Sec 10. Every wife, child. parent
guardian. employer or other person
who shall be injured in person or prop
erty, or means of support by any intox-
icated person or In consequence of In
toxication OF any person, shall have a
right of action for all damages actually
sustained, In his or her own name
against any person, individual OF cor
porate, who shall. by selling. barter
ing, giving away or otherwise furnish
ing alcoholic liquor contrary to the
| provisions of this act, have caused the
intoXication of such person. On the
trial of any such suit proof that the
defendant, or defendants sold barter
ed, gave away, OF furnished any such
alcoholic liquor to such intoxicated
person on the day, or about the time
/ a @k i,t,rk
shall be prima facie evidence that the
alcoholic liquor SO sold, bartered
given away, or otherwise furnished
caused such intoXication. In any ac
ton by married woman or other per
son legally entitled to recover dam
ages for loss Of support. caused by sucl
intoxication, 1t shall only be necessary
to prove that the defendant, or defen
dants. has or have given, bartered
sold, or otherwise furnished alcoholi
liquor of any kind to such person. dur
ing the period when such cause of &C
tlon shall have occurred.
Reyoking Licenses.
Sec l6 After the second convic
tion of any physician, apothecary
druggist, pharmacist for violating an,
of the provisions of this act 1t shal
be part of the judgment of conyic
ton that the license to practice medi
cine or pharmacy is revoked, and thu
court before whom such person shal
be tried and convicted shall cause
certified copy of such judgment of con
viction to be certified to the stat
board having authority to Issue sucl
license.
Sec. II. 1t shall be the duty of al
sherifls, deputy sheriffs, constables
mayors, marshals, police judges an
police officers Of any county. city o
town having notice or knowledge o
the violation OF this act. to notify tn
county attorney Of the fact of any sue
violation, and to furnish him with tn
names of persons within their know
edge by whom such violation can b
proved.
Advertisements Illegal.
Sec. Is. 1t shall be unlawful 10
any newspaper or publisher within tn
) state to publish an advertisement @
any alcoholic liquor or to print or di:
tribute any card or circular advertis
ing or. soliciting the sale Of any alec
, holic liquor. Any person who sha
. violate any provision of this section
shall be guilty Of a misdemeanar.
Sec. 10. Whenever a violation c
any provision of this act Is made
misdemeanor, and the punishment
is not prescribed, such punishment
: shall be fine of not less than $50. nc
more than $500. and imprisonment
not less than 80 days nor more tha
y .fx