The Miller press. [volume] (Miller, S.D.) 190?-current, 1917-03-15
BONE-DRY Law
in EFFECT NOW
Several Sections Are Passed With
Emergency Clause

Mitchell, March 10.-Interesting in.
formation has just been given out al
the state Anti-Saloon League head,
quaters in this city OF the effect that
the new prohibition law which passed
with the emergency clause, and which
Il not generally believed to become
operative until July 1, next, contains
several sections which are in effect
now. The sections closing saloons,
prohibiting the manufacture, sale, So
liciting. advertising, transportation,
receipt and possession of liquors is
not to take effect until July /.
II is pointed out, however, that sec
ton IA of the new law which is COM
monty called the club section, is in
effect now and provides that EVERY
person who shall directly or indirect
ly keep or maintain by himself or by
a~ssociating or combining with others
or who shall in snn aid, assist
or abet in keeping or maintaining any
club room or other place in which in
~toxicating liquor Is received OF kept
for the purpose of use, gift, barter or
sale as a beverage or for distribution
or division among the members of
any club or association by any means
whatever, and every person who shall
use, barter, sell or give away or as
sist or abet another in using, barter
ing, selling or giving away any intox-
icating liquors so received or kept,
shall be deemed guilty of a misde-
meanor for the first offense and upon
conviction Thereof shall be punished
by a fine Of not less than $3.50 nor
more than $1,000, or by Imprisonment
In the county Jail for mo- less than 80
days nor more than six months or by
both such fine and Imprisonment, and
for the second and every subsequent
offense such person shall be deemed
guilty Of a felony and shall be pun
ished by Imprisonment in the state
~penitentiary for a period Of not less
than six months nor more than two
years, and in addition thereto the
court may impS.e a fine of not more
than $4,000. In addition to the penal
ties herein provided, such place or
places may be proceeded against as
for a nuisance as herein provided. In
any proceeding under this section no
member of any such club, combina-
tion or association shall be excused
from testifying on the ground that
his testimony might tend to incrimin-
ate himself, but in such case such
witness shall not be prosecuted for
any offense disclosed by any testi-
mony he may give"
It is given out that this section
makes II unlawful for any club, such
as, Elks, Moose, Eagles or others to
dispose of liquor and that members
are not to have liquors in their pos
session for any purpose whatsoever.
The same provision, which appears in
the Kansas law, was passed upon by
the Kansas supreme acourt only a
short time & and it was held that
under this law 1t is unlawful for mem
bers Of clubs to have or possess liq-
uor in their private lockers and to
use such liquor for their own private
consumption.
Section 40 is in effect also and pro-
vides that IL intoxicating liquors are
transported by any common carrier
C. o. D., then "the carrier shall be
deemed and held the agent OF,
the consignor, until actually delivered
and the money paid to the carrier
thereof and servant and agent of car
rier who knowingly delivers any such
liquors or receives pay therefor with
in the state, shall be guilty OF a mis-
demeanor and shall be punished by
a fine Of not less than $50 o more
than $500 of by Imprisonment n the
county Jail for not less than six
months or by both such fine and i'm
prisonment."
Section so is also in effect now and
provides that wherever a shipment
or delivery of intoxicating liquor is
made by a common OF other carrier
the sale thereof shall be deemed to
be made In the county Or city where
m the delivery thereof is made by
such carrier to the consigree, his
agent or employee"
Sections 81 to II, inclusive, are In
effect at this time. Sections 81 to GA,
inclusive. deal mainly with the ap-
pointment of the commissioner OF
prohibition. who, under a subsequent
act passed by the legislature, becomes
the state sheriff, and the duties OF
his department. This department ID
to be organized as DON as the gov
ernor makes the appointment and
may at once begin operations provid-
ing for the enforcement Of the law.
Section IS provides that "all build
ings, tents, erections. boats. grounds