The Eureka sentinel. [volume] (Eureka, Nev.) 1902-current, 1918-10-12

hle by such druggist and open TO tie lnspec-
tion Of all state, county and municipal officers.
1t shall be the duty OF such druggist to regis
ter in . book kept for that purpose all pre-
scriptions from physicians mentioned in this
section, stating the name Of the party for
whom prescribed, the date of the prescription,
name of the phy siciau by whom the prescrip-
ton is issued, the quantity of such alcohol and
the use for which prescribed, and such record
shall at ali times be open to the same inspec.
tion as such prescriptions.
1t shall be lawful tor n druggist to sell grain
alcohol for pharmaceutical, scientific and me-
chanical purposes, or wine for sacramental
purposes By religious bodies, only to any per
son, not a minor, and who is not Of intemper-
ate habits, or addicted to the use OF narcotic
drugs, who shall, at the time and place of such
sale, make all affidavit in writing signed by
himself before such druggist or a registered
pharmacist at the time and place in the en-
ploy OF such druggist, stating the quantity and
the time and place and fully tor what purpose
and BY whom such alcohol or wine Is to be
used; that ariant is not of incorporate habits
or addicted to the use of any narcotic dug;
and that such alcohol or wine is not to be used
as a beverage, or for any purpose other than
that stated in sucn affidavit. Such afi Iavit
shall be filed and preserved by such druggist
and be ~sntject to inspection at all times by
any state, county or municipal officer, and q
record thereof made by such druggist In the
record book mentioned in this section, show
ing the date Of the affidavit, by whom made,
the quantity of such alcohol, or wine, and
when, where, Tor what purpose and by whom
t be used. Only one sale shall be made upon
such affidavit. and only in the county where
the same is made, and no greater quantity
than is therein specified. For the purpose OF
this act, any druggist or registered pharmacist
making such safe shall have authority to ad'
minister such oath.
If any druggist, owner of a drug store, reg
istereu pharmacist, clerk, or employee shall
upon such prescription or affidavit, or other
wise, knowingly sell or give any such aicohol
or wine to any person who Is OF lntemperate
habits or addicted to the use OF any narcotic
drug, or knowingly sell or give the same to
any one to be used for any puI pose other than
that named III said affidavit or prescription, or
who shall sell or give away any liquors with
out such affidavit or prescription, he shall be
deemed guilty of a misdemeanor and punished
by hne OF not less than one hundred nor more
than one thousand dollars and confined In the
county jail not less than thirty days nor more
than twelve months. III any. prosecution
AGAINST a druggist, owner of a drug store, reg.
istered pharmacist, clerk or employee, Tor sell
ing or giving liquor contrary 10 law, II a sale
or gilt be proven. 1t shall be presumed that
the same was unlawful IN the obsence Of salts
factory proof to the contrary and the presenta-
ton of such prescription or affidavit by the
defendant at the time OF the trial for such
sale or gilt, shall be su tlclent to reout the pre-
sumption arising from the proof Of such sale
or gift. PROVIDED, the jury snail believe, from
all the evidence in the case, that such sale o.
gift was made In good faith under the belief
that such prescription or affidavit and state
menUs therein were true; and, provided fur
Their, that such druggiet, owner OF a drug store,
registereI pharmacist, clerk or employee shall
have compiled with all other provisions OF this
act relating to the sale or gilt. =
An information, Indictment, or criminal
complaint against any druggist, registered
pharmacist, clerk or employee TOR an oftense
committed under the provisions OF this section,
shall be sufficient, which shall charge in sub
stance and effect, that the defendant, within
one year last past, in said county of..........
......, did u~nlawfully sell, give, offer, expose,
keep, and store for sale and gift, liquors,
against the peace and dignity of the State OF
Nevada.
SEC. 3. If any person who is of, intemper-
ate habits or addicted to the use OF any mar.
cotlc drug shall make the affidavit mentioned
i'll the preceding section, or II any person max
ing such affidavit shall use as a beverage, or
tor any purpose, or at any place other than
that stated IN such affidavit, or shall knowing
ly permit another to do so, said alcohol or
wine, or any part thereof, ur shall knowingly
make any false statement IN such athldavlt,
he shall be guilty of a misdemeanor and upon
conviction be punished by a hne OF not less
than one hundred nor more than one Thousand
dollars, and be confined in the county Jail not
less than two nor more than twelve months
fer the hrst otfense hereunder; and for the sec
end otense he snail be deemed guilty OF a
felony and punished by confinement in the
penitentiary not less than one nor more than
nve years.
If any physician who is not ID good stand
ing i'm his profession or who is of incorporate
habits, or who is addicted to the use Of any
narcotic drug, shall ISSUE any such prescrip-
ton as is mentioned III the last preceding sec
ton; or if any ply siclan shall issue such pre-
scriplion without, at the time, making a per
sonal examination OF the person tor whom the
liquor Is prescribed, or shall prescribe for any
person who is in the Labit OF drinking to in
toxicatlon and whom he knows, or has reason
to believe is in the habit OF drinking to intoxIca-
ton or shall give such prescription and make
the staten ents therein required, or any part
thereof, falsely, he shall lie deemed guilty Of a
misdemeanor and upon conviction thereof
shall be lined not less titan one hundred nor
more than one thousand dollars and imprison-
ed in the county Jail not less than thirty
days nor more than twelve months, anu III ad-
ditlon thereto, tor the first otfense under this
statute, the court may, In Its dlscTetlon, sus-
pend the license OF sucn physician tor a period
of six months and for each otfense thereafter
the court shall suspend such license for a per
iod OF six mynths.
SEC. 6 Every person who shall directly or
indirectly keep or maintain by himself or by
assoclating with others, or who shall in any
manner aid, assist or abet in keeping or main.
tanning any club house, OF other lace in which
any liquor is received or kept for the purpose
of use, gift, barter or sold as a beverage, or
for distribution or division among the mem
beers of any club or association by any means
whatsoever; and every person who shall use.
barter. sell or give away, or assist or abet in
bartering, selling or giving away any liquors
so received or kept, shall be deemed guilty of
a misdemeanor and upon conviction thereof be
punished by fine OF not less than one hundred
nor more than one Thousand dollars and by
Imprisonment in the county jail not less tnan
thirty days nor more than twelve months; and
in all cases the members, shareholders or as
s~ociates in any club or association mentiIned
in this S. ction, snail be competent witness to
prove any violations of the provisions of this
section, or of this act, OF Of any fact tending
thereto; and no person shall be excused from
testifying as to any otfense committed by
another against any of the provisions of this
act by reason of his testimony tending to
criminate himself, but the testimony given by