The Eureka sentinel. [volume] (Eureka, Nev.) 1902-current, 1918-10-19

H. W. EDWARDS.
Chief Clerk.
Sent to Senate February 5, 1917.
Rejected by Senate February 8, l9l7. (Ex'
tract from Senate Journal, Twenty Eighth
Session, Twenty-6fth Day, Thursday. Feb
ruary 8, 1917, page 63 Of printed book.)
IAN Act to prohibit the manufac-
ture, sale, keeping for sale. and
Gift, of malt, vinous and spurious
LIQUORS, and other intoxicating
drinks, mixtures or preparations;
making the Superintendent of the
Nevada State Police ex-officio Com
missioner of Prohibition, and de-
ining his duties; and providing for
the enforcement of this Act, and
prescribing penalties for the viola
ton thereof"
The People of the State of Nevada
do enact as foLloWs:
SECTION I. The word '~liquors" as used in
this act shall be construed to embrace all malt,
yinous or spirituous liquors, wine, porter, ale,
beer or any other Intoxicating drink, mixture
or preparation of like nature; and all malt or
brewed drinks, whether intoxicating or not,
shall be deemed malt liquors within the mean
ing of this act; and all liquids. mixtures OF
preparations, whether patented or not, which
willSproduce intoxication. and all beverages
containing 30 much as one-half of one pei
centum of alcohol by volume. shall be deemed
spirituous liquors, and all shall be embraced IN
the word liquors." as hel einafter used in this
act.
SEC. 2. Except as hereinafter provided, the
manufacture, sale, keeping or storing tor sale
in this state, or Offering or exposing Tor sale OF
of liquors or absinthe or any drink compound
ed with absinthe are forever prohibited in this
state, exceps liquors manufactured prior to
July first, one thousand nine hundred and SIX
teen, and stored in United States bonded ware
houses in the custody of the United States col
lector of internal revenue. and the SAID liquors
when tax paid and in transit from such ware
houses to points outside OF this state. :.
SEQ. 8. Except as hereinafter PROVIDED. II
any person acting for himself, or Tor, or
through another, shall manufacture or sell or
keep, store offer or expose for sale; or solicit
or receive orders for any liquors. or abslnthe
or any drink compounded with absinthe, he
shall be deemed guilty of a misdemeanor tor
the 6rst offense hereunder, and upon convic-
ton thereof shall be fined not less than one
hundred dollars nor more than one tnousana
dollars, and imprisoned in the county jail not
less than two nor more than twelve months.
and upon conviction of the same person tor
the second otfense under this act, ne shaii pe
guilty of q felony and be confined in the peni'
Tertiary not less than one nor more than hive
years; and it shall be the duty of the prose-
cutting attorney in all cases to ascertain
whether or not the charge made Is the hrst
or second o~ffense; and if it be a second ~otfense,
it shall be so stated in the or IN
dictment returned, and the prosecuting attor.
new shall introduce the record evidence before
the trial court of said second ofense, and shall
not be permitted to use hisdiscretion in charg-
ing said second %offense, or in introducing evi.
dence and proving the same on the trial; and
any person., except a common carrier, who
shall act as the agent or employee of such
manufacturer or such seller, or person so keep.
ing, storing, offering or exposing for sale said
liquors, or act as the agent or employee OF the
purchaer of such liquors, shall be deemed
guilty of such manufacturing or selling, keep
ing, storing, offering or exposing for sale, as
the case may be-: and in case OF a sale IN which
q shipment or delivery of such liquors is made
by q common, or other carrier, the sale thereof
wherein the delivery thereof is made by such
carrier to the consignee. his agent or employee.
As information. indictment orcriminal COM
plant for an offense committed under the pro-
visions of this section. shall be sufficient,
which shall charge in substance and effect that
within one year last past, the defendant, in
the said county of.....:....:...:...did un
lawfully 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 act shall not
be construed to prevent any one from manu-
featuring, for his own domestic consumption
wine or cider; or to prevent the manufacture
from fruit grown exclusively within the state
OF vinegar and Misunderstanding cider for use
or sale: or to prevent the manufacture ant
sale at wholesale to druggists only of pure
grain alcohol for medicinal, pharmaceutical
Scientific and mechanical purposes, or wine
for .acramenta purposes by religious bodies
on4o u,.n.nt ths s.ie and leaning and STORING
for s.ia bv drn~o;sts of nnre grain alcohol TO,