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

Malt, finOus and S~pir1tuoEs
Liquors. and Other Intoxicating
drinks, mixtures or preparations;
making the superintendent of the
Nevada state police FIX OficiO
Commissioner Of rohibition, 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" as
used in this act shall be construed to
embrace all malt, vinous or spirit
nous liquors, wine, porter, ale, beer
or any other Intoxicating dring, mkt
or preparation of like nature; and all
malt or brewed drinks, whether in
~toxicating 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 in~toxication,
and all beverages containing SO mrch
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. 2. Except as hereinafter pro-
yided. the manufacture, sale, keeping
or storing for sale in this state or
offering or exposing for sale of liqu-
ers or absinthe or any drink COM
POUNDED with absinthe are forever
prohibited in this state. except
liquors manufactured prior 10 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 eel and the said liquors
when tax paid and in transit from
such warehouses TO points outside Of
this state.
Sec. g. Except as hereinafter pro-
ided, 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 alb
sinthe or any drink compounded with
absinthe. he shall be deemed guilty
of a misdemeanor for the first ofense
hereunder, and upon conviction
thereof shall be fined not less than
enc hundred dollars. o more than
che thousand dollars, and imprison-
ed in the county jail not less than
two nor more thar 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 II shall be the duty OF the
prosecuting attorney in all cases to
ascertain whether or moi the charge
made is the first or second offense;
and if it be a second offense, it shall
be so stated in the information OF
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 Offense, 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 manufactur-
ing or selling, keeping. storing, offer
lIS VI tApooih6 " ooits
may be: and in case of a sale in
which a shipment or delivery OF such
liquors is 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 c~onsignee, his
agent or employee.
AS information, indictment or
--.~s~~1 for On nffonC0
committed under the provisions of
this section. shall be sufficient. which
shall charge in substance and effect
that within one veal last past, II
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. D.. The provisions of this aci
shall not be construed to prevent any
one from manufacturing, for his own
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 10 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 alcohol
for mechanical, pharmaceutical,
medicinal and scientific purposes, or
of wine for sacramental purposes. by
religious bodies, or n United states
pharmacopocia or national formulary
preparation in conformity with the
Nevada pharmacy law, or pre-
paration which is exempted by the
provisions of the national pure food
law. AMI the sale of which does not
require the payment of a United
States liquor dealers tax. But no
druggist shall sell n such grain
alcohol except for medicinal, scien-
tihc, pharmaceutical and mechanical
or wine for sacramental
~n