Daily capital journal. (Salem, Oregon) 1903-1919, 1911-12-26
OREGON SUPREME COURT DECISIONS
ran text Published By Courtesy f. A Turner Reporter si M
Supreme COurt

"i'uin tue SoIpoFate limits OF the
city of Woodburn, or to keen the
same in any lodge rooms club house
club rooms, or any other place within
the city of Woodburn, than at drug
store and by licensed pharmacist,
and the same shall not be sold. given
or furnished by such pharmacist to
any person for any purpose other
than medicinal, scientific or sacrs-
mental purposes. nor shall the same
be sold, given or furnished only upou
the prescription of a licensed and
practcing physician, or ordained
minister for sacramental purposes.
Sec. 2. That it shall be unls wful
for any person falsely to represent
himself or any other person to be
sick or afflicted with any disease
whatever, for the purpose of obtain
ing a prescription. or that he is an
ordained minister, for the purpose Of
obtaining any of the intoxicating II
quors or beverages mentioned in this
ordinance.
"Sec. 8. Any person violating any
Of the provisions of this ordinance
upon conviction thereof before the re.
corder's court of the city of Wood.
burn, Oregon. shall be fined not less
than $50 nor more than 800 In de-
fault of the payment of such fine, be
confined in the city Jail until such
fine be paid, not to exceed one day
for each two dollars Of such fine.
Sec. 4. That ordinance No. 2S4 en-
titled An ordinance prohibiting the
sale, giving or furnishing Intoxicating
liquors, hard cider, and near beer to-
any person within the corporate lini-
its of the city of Woodburn, and to
provide a punishment therefor,
passed by the council January
1911, be and the some is hereby re-
pealed.
Sec. 5. Inasmuch as there Is ur-
gent need of the foregoing legislation
for the protection of the peace, safe
ty and health of the city of Wood
burn, an emergency is hereby de-
clared to exist, and this ordinance
shall be in full force and effect from
and after its approval by the mayor
On March 81, 1011 Ordinance M.
3O7 was adopted and reads as fol-
lows.
"Sec. 1. That 1t shall be unlawful for
any person firm, company or corpof-
alton, or the agent or employee OF
any person, firm, company or corpor-
alton, directly or indirectly, to keep
run or operate or to abet, aid or as
sist in keeping, running or operating
any house, room, or building where
illegal gaming or gambling is carried
on or where persons congregate or
frequent for the purpose Of drinking
alcoholic or intoxicating liquors, or
where any illegal act is promoted, in
dulged carried on, tolerated. sane
toned or acquiesced in within ths
corporate limits of the city of Wood
burn, Oregon. Any person violating
! any of the provisions of this ordi-
nance shall be deemed guilty of main
tanning a disorderly house, and upon
conviction thereof before the record
er's court of the city of Woodburh,
Oregon, shall be fred not less than
$50, nor more than 500. and in de-
fault OF the payment of such fine b.
confined in the city Jail until such
fine be paid, not to exceed one day
for each two dollars of such fine.
Provided that this ordinance shall
not apply to druggists selling giving
or furnishing alcoholic or intoxicat-
ing liquors for medicinal purposes
upon the prescription Of practicing
physician or to an ordained minister
for sacramental purposes.
sec. 2. Inasmuch as the city Of
Woodburn is in urgent need of the
, foregoing legislation for the prote,-
ton Of the peace, safety and health
Of the city an emergency is hereby
declared to exist and this ordinance
shall take effect and be in force from
and after its approval by the mayor {"
On April Z, 1911, Ordinance No.
300 was adopted and 1t reads as fol-
lows: Section 1. The recorder Of the
city Of Woodburn, Oregon is hereb
authorized to issue search war
rant. directed to the marshal or any
peace officer of the city Of Woodburn
Oregon commanding him TO scare"
for personal property at any place
within the city OF Woodburn and
bring It before the recorder When
the property is in the possession u
any person, with intent to use 1t to
commit violation OF any provision OF
any ordnance of the city Of Wood
burn, where fine is provided for
such violation, or ~ the possession