White Pine news weekly mining review. [volume] (East Ely, Nev.) 1910-1920, 1918-10-20

clans mentioned in this section, stat
ing the name of the party for whom
, prescribed. the date of the prescrip-
ton, the name of the physician by
whom the prescription Is issued, the
quantity OF such alcohol and the use
for which prescribed, and such re-
ord shall at all times be open to the
same inspection as such prescriptions.
1t shall he lawful for a druggist to
sell grain alcohol for pharmaceutical
scientific and mechanical purposes,
or wine for sacramento purposes by
religious bodies. only TO any person,
not a minor, and who is not of inten-
perate habits. or addicted to the use
of narcotic drugs, who shall, at the
time and place of such sale, make an
affidavit in writing signed by him.
self before such druggist or a regis
tered pharmacist at the time and
place in the employ OF SUI druggist.
stating the quantity and the time and
place and fully for what purpose and
by whom such alcohol or wine is TO
be used that affiant is not of intern
perate habits Or addicted to the use
| of any narcotic drug; and that such
alcohol or wine is not to be used as
a beverage. or for any purpose other
than hat stated in such affidavit.
Such affidavit shall be fled and pre-
served by such druggist and be sub
ject to inspection at all times by any
| state. county or municipal officer, n
a record thereof made by such drug
gist in the record book mentioned in
this section, showing the date of the
affidavit, by whom made, the quantity
| of such alcohol. or wine, and when,
where, for what purpose n by
whom to be used. Only n sale
shall be made upon such affidavit,
and only in the county where the
same is made. and no greater guam
tity than is therein specified. For
the purpose of this act, any druggist
or registered pharmacist making such
sale shall have authority to admins
ter such oath.
If any druggist. owner of a drug
| store, registered pharmacist, clerk
or employee shall upon such pre-
| scription or affidavit, or otherwise,
knowingly sell Or give any such al
cohol or wine TO any person who is
of incorporate habits or addicted TO
the use of any narcotic drug, or
knowingly sell or give the same 10
any one to be used for any purpose
other than that named in said affi-
davit or prescription, OF who shall
sell or give away any liquors without
such affidavit or prescription, he
shall be deemed guilty of a misde-
meanor and punished by fine of not
less than one hundred nor more
than one thousand dollars and con-
fined in the county jail not less than
thirty days nor more than twelve
months. In any prosecution against
a druggist, owner of a drug store,
registered pharmacist, clerk or m
ployee,, for selling or giving liquor
contrary to law, if sale or gift be
proven, it shall be presumed that
the same was unlawful in the abb
sence of satisfactory proof to the
contrary and the presentation OF
such prescription OF affidavit by the
defendant al the time of trial of
such sale or gift. shall be sufficient
to rebut the presumption arising
from the proof of such sale or gift
PROVIDED, the jury shall believe, from
all the evidence in the S [ hat
such sale or gift was made in good
faith under the belief that such pre-
scription or affidavit and statements
therein were true; and, provided
further. that such druggist, owner
of a drug store, registered pharma-
cist, clerk or employee shall have,
complied with all other provisions
of this act relating to the sale Or
gift.
An information. Indictment, Or
criminal complaint against any drug
gist, registered pharmacist clerk or
F.~ -, ,ffnncn rnn m m lf 06
under the provisions of this section,
shall be sufficient, which shall
charge in substance and effect, that
the defendant, within one year last
past, in said county OF 800,
did unlawfully sell, give, offer. eX-
pose. keep. and store for sale and
gift, liquors, against the peace and
dignity of the State of Nevada.
Sec. 5. If any person who is
of Incorporate habits or addicted TO
the use of any narcotic drug shall
make the affidavit mentioned in the
preceding section. or if any person
making such affids Wit shall use as
a beverage. or for any purpose, or
at any place other h thai stated
in such affidavit, or shall knowingly
permit another to do so, said alco-
hol or wine, or any part thereof, or
shall knowingly make any false
statement in such affidavit, he shall
be guilty of a misdemeanor and upon
conviction be punished by a fine of
not less than one hundred or moro
than one thousand dollars. and be
confined in the county jail not less
than to O more than twelve
months for the first offense here
under; and for the second offense
he shall be deemed guilty of a felony
and punished by confinement in the
penitentiary not less than one nor
more than five years.
And if any physician who is not IN
| good standing in his profession or
| who is of Incorporate habits, or who
is addicted to the use of any narcot-
ic drug. shall issue any such pre-
scription as is mentioned in the last
preceding section; OF if n physi-
| clan shall issue such prescription
| without, at the time, making a per-
.--s.,tsnr 10 TIM tanv&Qn for