Semi-weekly herald., 1917-04-19

also be prima facie proof in any
court having jurisdiction of viola,
ton of this act.
Section 22. PENALTIES. Any
person, agent, employe, representative,
manager, proprietor, pharmacist, ply
sician, the member or members OF
any association, the officer or offic-
ers Of any corporation, or any other
person who shall violate any of the
provisions of this act, and any per
son. association or corporation, whose
officer, agent, employe, representa-
tive or servant shall violate any of
the provisions of this act, shall for
the first offense be deemed guilty Of
Il misdemeanor, and upon conviction
thereof shall be punished by fine Of
not less than one hundred nor more
than three hundred dollars or by i'm
prisonment in the county Jail not less
than thirty days no more than SIX
months, or both such fine and irnpris-
onment, in the discretion of the jus
ticc or court. Every second and sub
seuuent offense, committed within B
years of the first, by any of the per-
sons herein designated, shall be deem
ed a 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 il corporation be
so convicted, second or subsequent,
time, it shall be fined in q 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 per-
son to purchase or sell Intoxicating
liquor for medicinal or sacramental
purposes so convicted a second or
subsequent time shall be forfeited,
and none shall thereafter be grant
ed such person within period of D
years following such second or sub
sequent conviction. A certified copy
of the entry or judgment, OF other
proper court record, showing the for
mer conviction of the defendant, from
any justice. county or district court
proof of former conviction.
Section 23 GOVERNOR EN-
FORCE.-The Governor of the state
shall compel the enforcement 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 here
by vested with all powers now or
hereafter vested by the laws of this
state in the district attorneys, sher-
iffs. constables and police officers of
the state, and to enable the Governor
to make this act effective, there is
hereby created a law enforcement
fund, to which the General Assembly
shall appropriate out of any unap-
propriated money in the state treas
ury, the sum Of five thousand dol
lars annually. The state auditor is
hereby authorized to draw warrants
upon such fund, and the state treas
urer shall pay same upon vouchers
certified by the Governor Nothing
herein. however, shall be construed
to in any manner release any officer
named from the performance of his
duties in the enforcement of the pro-
visions of this act; but in the event
the Governor does act as herein pro
vided, no such officer shall interfere
Herewith.
Section a. OUSTER.-If any JUS
tice of the peoce. district attorney or
sheriff shall neglect or refuse to do
his duty in the enforcement of the
provisions of this act, any freeholder.
or the Governor or his agent, or the
attorney general of the state, may
file complaint in any district court
of competent Jurisdiction in this state
setting forth specified charges OF
such neglect and refusal against any
of said officials. Said action shall be
brought in the name of the People
of the State of Colorado on the re
lation of the complainant. Proceed
ings shall then be had in said court
as are provided by law for civil ac-
A. Al l. A
shall have full and complete hear.
ing and trial of the charges Innsie> II
the defendant shall be convicted he
shal be deemed ousted from his of
flee. and decree shall be entered ac.
cordingly. The vacancy in any such
office, so createde, shall be filled as
provided by the Constitution or law
for appointment in case of vacancy.