The Eureka sentinel. [volume] (Eureka, Nev.) 1902-current, 1918-10-26

"An 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-
filming his duties; and providing for
the enforcement of this Act, and
prescribing penalties for the viola
ton thereof"
The People of the State of NeUod0
do enact ,tS fottoOs:
SECTION l. The word liquors" as used in
this act shall be construed to embrace ali matt,
vinous 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 or
preparations, whether patented or not, winch
will produce lntoxication. and all beverages
containing 30 muCA 6S OAAC-AoA "a oHS ~.
centum of alcohol by volume, shall be deemed
spirltuous liquors, and all shall be embracedln
the word liquors." as hel ~einafter used In this
act.
SEC. 2. Except as hereinafter provided, the
manufacture, sale, keeping or storing for 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, except 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. -,
SEC. 3. Except as hereinafter provided, IL
any person acting for hi'uself, or for, OF
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, ne
shall be deemed guilty of a mlsdemeanor fr
the first offense hereunder, and upon convlc-
ton thereof shall be fined not less Than one
hundred dollars nor more than one Thousand
dollars, and imprisoned in the county JAN not
less than two nor more than twelve months'
and upon conviction of the same person tor
the second otfense under this act, he shall he
guilty of q felony and be confined In the penn
tertiary not less than one nor more IMAM nVe
wears; and it shall be the duty of the prose-
cutting attorney in all cases to ascertain
whether or not the charge made Is the nrss
or second offense; and ii it be a second onehse'
it shall be 80 stated in the Information or In
dictment returned, and the prosecuting attor-
ney shall introduce the record evidence peiore
the trial court of said second offense, and shall
not be permitted to use his discretion IN chafS-
ing said second ~offense, OF in introducing evil
dence and proving the same on the trial; ana
any person, except a common carrier, VINO
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 tor sale, as
the case may be; and in case OF a sale In whlch
a shipment or delivery of such liquors ls made
by a common, or 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, his agent or employee.
As information, indictment orcrIminal COM
plaint for an offense committed under the pro-
visions of this section, shall be suflclent,
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 d. The provisions of this act shall not
be construed to prevent any one from manu-
featuring, for his own domestic onsumptlon
wine os 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 and
sale at wholesale to druggists only of pure
grain alcohol for medicinal. pharmaceutical,
scientific and mechanical purposes, or WIN
for sacramental purposes by religious oouies;
or to prevent the sale and keeping and storing
for sale by druggists of pnre grain alcohol Tor
meonanical, pharmaceatica, en- me anoramsnta I
purposes, by religious bodies, or any United
States pharmacopoeia or national formulary
preparation in conformity with the Nevada
pharmacy law, or any preparation when ls
exempted by the provisions of the national
pure food law, and the sale OF which does not
require the payment of q United States liquor
dealers tax. But no druggist shall sell any
such grain alcohol except for medicinal, scien-
tiic, pharmaceutical and mechanical purposes,
or wine for purposes, except as
hereinafter provided, and the same shall not
be sold 66yHsuch druggist Tor medicinal pur-
-, except upon a written prescription of a
kyaician Of good standing in his profession
snd not Of Incorporate habits, OF addicted to
70 the use of any narcotic drug, prescribing
the amount Of alcohol, the disease or malady
for which it is prescribed, snd how it is to be
used, the name of the person for whom pre-
scribed. the number of previous prescriptions
given by such physician to such person within
the yesr next preceding the date of such pre-
scription, and stating that the same is abso-
lutely necessary for medicine, and not TO be
used az q beverage, and that such physician,
at the time such prescription was given, made
personal examination of such person, and
that such person is known to snch physician to
be OF temperate habits and not addicted to the
use OF any narcotic drug. and only one sale