The Eureka sentinel. [volume] (Eureka, Nev.) 1902-current, 1918-10-05

the name Of every person to whom liquors are
shipped; the amount and kind received the date
when delivered, and by whom, and to whom de.
nvered; after which record shall be blank space,
IN which the consignee snail be required to sign
his name in person to such record which book
shall be open to the inspection of any state
during business hours of he company; except
that IN the absence sickness of duly licensed
druggist having aathority to sell pure q ain aco-
hol aud wine for tine purposes prescribed by law
registered pharmacist IN the employ of such drug.
gst, duly designated by such druggist, in writing
pc sohaly signed by him, the agent Of the trans
portstion company, may sign such druggists
name to the record of shipments Of alcohol for
medicinal, pharmaceutical, scientific and mecban-
fcal purposes or wine for sacramento purposes by
religious bodies such registered pharmacies being
requieed to write Immediately beneath ssuch drug
gists name his own name and his connection with
su N druggist Such books sball constitute prima
facie evidence of the facts therein stated, and be
admissible as evidence in any court in this state
having jurfsdiction or in any manner empowered
with the enforcement Of the provisions OF this act
Any employee or agent of any express railroad
company or transportation company knowingly
falling OF rel using to comply with the provisions
of this section, shall be guilty of misdemeanor
and punished by fine Of not less than fifty nor
moro than one thousand dollars. and may be i'm
prisoned in the county Jail not less than thirty
days nor more than twelve months. Provided,
however, that nothing he reiu contsined shall per-
81
any common carrier or transportation company to
bring or carry into this state, carry from
place to another within the state, intoxicating
liquors for another. even when int 4ded for per-
sonal use other than pure grain alcohol and wine,
and such preparations for druggists as may be sold
by them for special purposes and the manner set
forth in sections four and twenty.tour
SEC. 20. ANY citizen or organization within this
state may employ an attorney to assist the prose-
cuti attorney to perform his duties under this
act aud such attorney shall be recognized by the
prosecuting attorney and the court associate
COUNSEL in the proceedings; and no prot ecution
shall be dismissed over the objection Of such
ing attorney for such dismissal, together with the
objections thereof Of such associate COUNSEL shall
have been filed in writing. argued by counsel and
fully considered by the court.
SEC. a. The prosecuting attorney Of any coun-
ty, with the approval of the governor, or of the
court of the county vested with authority to try
criminal offenses, or of the judge thereof IN vaca
tiop may, within his discretion, offer rewards for
the apprehension of persons charged with crime.
or may expend money for the detection Of crime
Any money expended under this section shall,
when approved by the prosecuting att 'rney, be
paid out of the county fund in the same manner as
other county expenses are paid.
SEC. %. In all cases arising under this statute
she stHte shall have the right to appeal.
SEQ. %. The entire act shs all be dee med an exer-
else of the police powers of the slate for tine pro-
lection of public health. peace and MORALS and
all of its provisions shall be literally construed
for the attainment of that purpose.
SEC. "a. All acts and part OF acts, so far as in
SEC. 25. If any corporation association shall
violate any of the provisions of this act, any Off
Ger agent or employee thereof acting Tor In any
such unlawful act, aut horzing the same to be
doLe, shall be personally guilty thereof the ssme
as though such officer, agent or employee himself
had committed the odense, and shall be subject
to all OF the nnes, penalties, and impIisonments
therefore.
Ssc. 20. If any state, county, district or muni.
cpl officer, or any municipal police, shall fail,
refuse or neglect to discharge any duty imposed
IN la
sale, keeping and storing for Sale OF intoxicating
liquots, he shall be removed from Office in the
manner provided in this secttou. Such removal
shl be made by the district court of the county
wherein such officer resides The charges against
any such officer shall be reduced to writing, and
entered of record by the court, and summons
shall thereupon be issued by the clerk Of such
court, containing cory of the charges, and re-
ou,rlng tAe officer named therein 20 appear and
answer the same as in other civil actions, which
summons may be served In the same manner as
summons in civil action, and the service must be
made at least five days before the return day
thereof And the court itself shall, without jury,
hear the charges. and upon satisfactory proof
thereof remove any such officer from the discharge
of the duties Of his oics, and place the records,
papers and property OF his off ce in the possession
Of some other officer or person for safekeep1ng un-
til the vacancy Is filed. Any vacancy created un-
der this sec ion shall be filled in the manner re-
quired by law to county and district officers.
aud in the manner prescribed by the ordinances Of
the municipality. Any citizen OF the county, dis
trct or municipality, as the case may be, or the
commissioner of probtion. may prefer and prose.
cute to final ud ment charges for removal a. anst
any of the officers. including municipal police,
mentioned in this section. The word "ottlcer,"
as used herein shall include and embrace muni-
cipal police Either party shall have the right OF
appeal to the supreme court of the state from the
Judgment OF the district court.
SEC. 27. Whenever it shall appear to any dis
court before which is pending any charge for
an offense under this act, that the state cannot
have fair and impartial trial by jury In the
county where such action ia pending the court
nr1n~ IN thofa affart unAa
that such cause be transferred to some other dis
tr ct this state to be selected by the judge
ordering such transfer and the trial OF such cause
shall proceed before the court to which 1t Is so
transferred the is now provided in cases OF
change of venue.
SIC 49, Justices of the peace shall have con-
current jurisdiction with the district court for the
trial of first ofenses arising under this act pro.
vided, that the district attorney or the commits
sioner any of his deputies, shall have the right
before trial to elect whether the shall be tried
and judgement entered, or whether the justice
shall hold preliminary hearing to determine
whether the accused hall be held to the district
court; provided further, that If he defendant
shall plead gui ty, the justice hall enter judgment
on the charge Justices of the peace shall not I'm.
pose aIfine greater than five hundred dollars nor
imprisonment in the county jail longer than Six
m ,nths, The justice shall certify to the district
attorney a transcript from his docket of the judg-
ment in the case and copy Of all bonds given by
the defendant. Whenever the district attorney
shall appear for the tate in any prosecution be-
fore Justices court for an ofense under this act,
there shall be allowed and taxed as part OF the
costs taxable against the defendant, an attorneys
fee Of ten dollars. The state shall have the same
right as the defendant to appeal from the judg-
ment of tn. justice Any transcript OF ajudgment,
so certified by justice of the peace shall be sd-
missibe dence upon the trial OF the accused for
a second offvnse under this act.
sRC. 30. Any person csled on behalf OF the
state to testify concerning violations OF this
ac, who shall give free and truthfully any testi
mony t. nding in any way to incriminate himself,
shall be immnne from prosecution under this act.
SEC. 80 1t shall be unlawful for any person in
this state to receive directly or indirectly into1i
eating LIQUORS from q common, or other carrier.
It shall also be unlawful for any prison In this
state possess Intoxicating liquors, received d.
1ecty or indirectly ftom q common or other
carrier In this state. This section shall apply to
such liquors intended for personal use as well as
otherwise aud interstate, as well ss intrastnte
shipments or carriage ANY person vio.aI5g 5 n ,nns