White Pine news weekly mining review. [volume] (East Ely, Nev.) 1910-1920, 1918-10-06
ANAG

Liquors. and Other Intoxicating
drinks, mixtures or preparations:
making the superintendent of the
Nevada state police TX OfIicio
Commissioners of rohibifion, and
defining his duties. and providing
for the enforcement of this act,
and prescribing penalties for the
violation thereof.
The people of the State of Nevada do
enact ae follows.
Section l. The word liquors IS
used in this act shall be construed 10
embrace all malt, Yinous or spirit
uous liquors, wine. porter, ale, beer
or any other Intoxicating dring. mkt
or preparation of like nature; and all
malt or brewed drinks, whether in
t~oxicating or not. snail be deemed
malt liquors within the meaning OF
this act: and all liquids, mixtures or
preparations, whether patented or
not. which will produce int~oxieation,
and all beverages containing 50 much
as one-half of one per centum OF
alcohol by volume. shall be deemed
spirituous liquors, and shall be en-
braced in the word liquors. as
hereinafter used in this act.
Sec. =. Except as hereinafter pro-
1ldEA II IA III :. odA[- LRA
or storing for sale in this state. Or
offering OF exposing for sale Of liqu-
crs or absinthe or drink com
pounded with absinthe are forever
prohibited in this state. except
liquors manufactured prior TO July
first, one thousand nine hundred and
sixteen. and stored in United States
bonded warehouses in the custody OF
the United States collector OF in
ternal and the said liquors
when tax paid and in transit from
such warehouses 10 points outside Of
this state.
Sec. g. Except as hereinafter pro-
yided, if any person acting for him
self. or for. or through another, shall
manufacture or sell or keep, store,
offer or expose for sale; or solicit OF
receive orders for any liquors. or abb
sinthe or any drink compounded with
absinthe. he shall be deemed guilty
of a misdemeanor for the first offense
hereunder, and upon conviction
thereof shall be fined not less than
one hundred dollars. nor more than
enc thousand dollars, and impriscn-
ed in the county Jail not less than
two nor more than twelve months.
and upon conviction Of the same
person for the second offense under
this act. he shall be guilty of a felony
and be confined in the penitentiary
not less than one or more than five
years: and It shall be the duty Of the
prosecuting attorney in al cases 70
ascertain whether Or not the charge
made IS the first or second of1ense.
and if il be a second o~ffense, il shall
be so stated in the information or
Indictment returned, and the prose-
cutting attorney shall introduce the
record evidence before the trial court
of said second offence. and shall not
be permitted to use his discretion in
charging said second ofense. or in
introducing evidence and providing
the same On the trial; and any per-
son except a common carrier, who
shall act as the agent or employee OF
such manufactures or such seller, or
PRISON SO keeping, storing, Offering or
exposing for sale said liquors. or ACT
as the agent or employee OF the pur-
chaser of snch liquors, shall be
deemed outlay of such manufacture
ing or selling, keeping. storing, offeE-
ing or exposing for sale, as the case
may be; and in case of a safe IN
which z shipment or delivery OF such
ilMuOIS IS i1dAC W q common =
other carrier, the sale thereof shall
be deemed to be made in the county
wherein the delivery thereof is made
by such carrier to the consignee, MS
agent or employee.
As information, indictment CT
criminal complaint for an offense
committed under the provisions OF
this section. shall be sufficient. which
shall charge in substance and effect
that within one veal last past, the
defendant, in the said counay OF
did unlawfully manufacture, sell,
offer. keep. store and expose for sale.
and solicit and receive orders for
liquors and absinthe, and drink COM
pounded with absinthe. against the
peace and dignity of the State OF
Nevada.
Sec. 4. The provisions of this aet
shall not be construed to prevent any
one from manufacturing, for his W
domestic consumption wine or cider:
or to prevent the manufacture from
fruit grown exclusively within this
state of vinegar and Misunderstanding
cider for use or sale; or to prevent
the manufacture and sale at whole
sale to druggists only of pure grain
alcorol for medicinal, Pharmaceutical,
scientific andmechanical purposes, or
wine for sacramental purposes by
religious bodies; or to prevent the
sale and keeping and storing for sale
by druggists of pure grain alconoi
for mechanical, pharmaceutical,
medicinal and scientific purposes. or
of wine for sacramental purposes, by
religious bodies. or any United States
pharmacopocia or national formulary
preparation in conformity with the
Nevada pharmacy law, or any pre-
narration which is exempted by the
provisions OF the national pure food
law. AMI the sale of which does o
require the payment of a United
States liquor dealers tax. But no
druggist shall sell any such gram