Aberdeen herald. [volume] (Aberdeen, Chehalis County, W.T.) 1886-1917, 1909-03-29


into such unit upon his person or
as his personal baggage and for his
private use Intoxicating liquor in
quantity not to exceed one gallon of
spirituous liquor or one case of malt
LIQUOR, nor to physicians or drug
gists to whom any public carrier may
deliver such goods in unbroken
packages, nor to deliveries to
churches or the proper officers there
of of wine in unbroken packages for
sacramento purposes, nor to ship
ments or deliveries at residences
which are not places Of business or
OF public resort, by manufacturers or
wholesalers in their own convey
ances, or by any common carrier or
otherwise, any unbroken packages
OF liquor, nor to shipments of liquor
in continuous transit to point out
side Of such unit, nor to shipments Of
commercially pure alcohol for -
chanical or chemical purposes. This
section shall apply to all packages of
intoxicating liquor. whether broken
or unbroken, and the carrying into
or delivery Of each such package Of
intoxicating liquor. regardless OF the
name by which 1t may be called. &C.
cepted. received, carried. transferred.
handled. delivered, or distributed in
violation Of the provisions of this
section, shall constitute a separate
offense, and any liquor SO carried or
delivered shall be forfeited and shall
be destroyed by the officer selling
the same: Provided, That nothing
in this act shall be construed to pro-
iibit the manufacture Of intoxicating
liquor from the raw material in any
aO-license unit. nor the delivery Of
the same.
1t Is further expressly provided
that no provision of this section is
intended or shall be construed to
violate or be In conflict with any
provision OF the constitution and
laws OF the United States respecting
interstate commerce, but this Sec
ton and all parts of the same are in
tended to prohibit the acce ptance, re-
celving, carrying. Transferring
handling. delivery or dist ibut,Cn, as
herein provided. of intoxicating
liquor to such extent only as the
same is not expressly permitted I'M
der the constitution and laws Of the
United States.
II any provision Of this section
shall be held to be void or uncon-
stitutional. it Is hereby provided that
all other portions of the same which
are not expressly held to be void or
unconstitutional shall continue in
full force and effect :
Sec. 10. Prosecutions for violc-
lions OF this act may be by informa-
tlon Or indictment. In any such
prosecution it shall not be necessary
to state the kind of intoxicating
hquor sold, nor to describe the place
where sold, nor to SHOW the knowl-
edge of the principal in order to con-
Wet Tor the acts of any agent or
servant, nor to state the name of
any person to whom such liuuor is
sold, nor to set forth the evidence
showing that the required number Of
quallhed electors petitioned for the
submission to the electors Of the
question whether intoxicating liquor
should be sold in the unit where the
violation Is alleged to have occurred,
nor that a majority of the qualified
electors voted against the sale of
liquor within such UNI. but in all
e
that the act compla med Of was com
mited in unit in which the sale
or intoxicating liquor was pr0hibi-
ted, and that such act was then and
there prohibited and unlawful.
Sec. 20. The issuance of an in
ternal revenue special TAX stamp or
receipt by the United States to any
person as retail dealer in intoy:cat
Ing liquor at any place within a unit
In which at the time of the issu-
ance thereof the sale of Intoxicating
liquor was forbidden, shall be prir,a
facle evidence of the sala of into i
eating liquor by such person at such
place, or at any place of bu siness of
such person within the unit where
such stamp or receipt is posted #.
at the time. the stamp or recent is
in force and effect: Provided. That
this section shall not apply to whole
salers, manufacturers or druggists.
A copy of any such stamp or of
the records of the United States in
ternal revenue office, certified to by
any United States internal revenue
officer, or assistant, having charge OF
such records or stamps, which shows
that the Cnlted cs special liquor
tax has been T. i by any person
charged with selling, giving away or
otherwise disposing of Intoxicating
liquor in violation of this act in any
unit in which. at the time of issu-
ance of said special liquor tax STAMP.
the sale of liquor was prohibited.
shall be competent and prima fGc.c
evidence that the person whose name
appears on said records or stamp, as
shown by said certified copy, has paid
the special liquor tax for the time
stated therein.
Sec. 81. Any city or town which.
under the provisions of its charter
may possess the power to vote upon
the question of the issuance of H.
censes for the sale CT Intoxicating
liquor within its limits may proceed
to secure such vote and the results
thereof under the provisions of such
charter, or may apply the provisions
of this act, as the petitioners in any
such city may elect.
Sec. %. That any five qualified
electors OF any unit in which an
election shall have been held as pro-
vided for in this act may, within
ton DAYS after rho canyacc of tho