The Glenwood post., 1916-03-04

court having jurisdiction, of viola
ton of the applicable section or ses-
tions of this act. The possession of u
receipt or stamp showing the payment
of the special tax levied by the United
States upon the manufacture and sals
of Intoxicating liquor, by any person,
association, or corporation, not author
lied under this act to sell Intoxicating
liquor, or certificate from the collect
or of internal revenue, or any of his
agents, clerks or deputies, showing the
payment of any such internal revenue
tax, by any such person, association or
corporation aforesaid, shall also be
prima facie evidence, in any court hav-
ing jurisdiction, of violation of tho
applicable section or sections of this
act.
Sec. %. Penalties.-Any person,
agent, employee, representative, mana.
ger, proprietor, pharmacist, physician,
the member or members of any asso-
citation, the officer or officers of any
corporation, or any other person who
shall violate any of the provisions of
this act, and any person, association
or corporation, whose officer, agent,
employee, representative or servant
shall violate any of the provisions Of
this act, shall for the first offense be
deemed guilty of misdemeanor, and
upon conviction thereof shall be pun.
ished by fine of not less than one
hundred nor more than three hundred
dollars or by Imprisonment in the coun.
ty Jail not less than thirty days nor
more than six months, or both such fine
and Imprisonment, in the discretion of
the justice or court. Every second and
subsequent offense, committed within
five years of the first, by any of the
persons herein designated, shall be
deemed felony, and upon conviction
thereof, he shall be imprisoned in the
state penitentiary, at hard labor, not
less than one year and not more than
three years; and if corporation be SO
convicted, a second or subsequent time,
it shall be fined in sum of not less
than one thousand nor more than five
thousand dollars; and the license of
any physician to practice medicine or
the permit Of any person to purchase
OF sell Intoxicating liquor for medicinal
or sacramental purposes so convicted
second or subsequent time shall be
forfeited, and none shall thereafter be
granted such person within period OF
five years following such second or
subsequent conviction. A certified
copy of the entry or judgment, or other
proper court record, showing the former
conviction of the defendant, from any
justice, county or district court within
this state, shall be conclusive proof of
a former conviction.
Sec. %. Governor Enforce. The gov
ernor of the state shall compel the en-
forcement of all provisions of this act,
and for this purpose he may call upon
any state, district, county, precinct or
municipal officer, or he may appoint
such agents as necessity may require,
and for the purpose of enforcing this
| act. the governor and his agents are
hereby vested with all powers now or
hereafter vested by the laws of this
state in the district attorneys, sheriffs,
constables and police officers of tho
state, and to enable the governor to
make this act effective, there is hereby
created law enforcement fund, to
which the General Assembly shall ap-
propriate out of any unappropriated
money in the state treasury, the sum
of five thousand dollars annually. The
state aduitor is hereby authorized to
draw warrants upon such fund, and the
state treasurer shall pay same upon
vouchers certified by the governor.
Nothing herein, however, shall be con-
strued to in any manner release any
officer named from the performance of
his duties in the enforcement of the
provisions of this act; but in the event
the governor does act as herein pro.
vided, no such officer shall interfere
herewith
Sec. "a ouster.-If any justice Of
the peace, district attorney or sheriff
shall neglect or refuse to do his duty
in the enforcement Of the provisions of
this act, any free holder, or the COVER
nor or his agent, or the attorney gen
eral of the state, may file complaint
in any district court of competent jur-
isdiction in this state, setting forth
specified charges of such neglect AMI