The Miller press. [volume] (Miller, S.D.) 190?-current, 1920-10-21

at any place In the state, and ordering
such premises. or that portion OF such
premises wherein such nuisance was
maintained, to be closed and forbidding
its use for any purpose for a year from
the date of the rendition of such judy
ment, and that the intoxicating liquors
found therein. and any furniture and fix
lures used in conducting or maintaining
such nuisance, be publicly destroyed. and
the court shall also include in such judy
ment an order for the plaintiffs costs
and a reasonable attorney fec, which
shall be taxed and collected as cost there
In and when collected, shall be paid to
the attorney or attorneys for the plain
tiff: provided, that If such attorney Is
the states attorney such fee shall be paid
into the county treasury, and IL such
attorney is the attorney general, or his
assistant or deputy. such fee shall be
paid into the state treasury, and such
judgment for costs and attorney fees
shall be a lien upon such premises until
the same are paid. II shall be the duty
OF the sheriff, or other officer executing
such judgment and injuction, to keep
such premises, where such nuisance is
adtudged to exist. closed for the period
OF one year from the date of such judy
ment, except as otherwise provided In
this article. At the trial Of such action
evidence OF the general reputation OF the
place shall be competent for the purpose
of proving the existence of such null
sance. of knowledge thereof and of ac-
quieseence and participation therein on
! AlAE plil " III OWHeT, lGSSOE, IcSSGt, user
and all those in possession OF or having
charge of, as agent or otherwise, or hav-
ing an interest in any form in any of the
property used in conducting or maintain
ing such nuisance. If the complaint is
filed by a citizen or corporation, ii shall
not be dismissed except on a sworn state
ment made by the complainant and his
attorney, setting forth the reasons why
the action should be dismissed. and the
dismissal approved by the states attorney
IN writing or in open court. If the court
/ lO nf thu nfnt HAnN 49, a. -t~
not to be dismissed. he may direct the
states attorney to continue It's prosecu-
tlon, at the expense OF the county, and
II the trial of the action is postponed for
more than one term of court, any citizen
or the county or the states attorney may
be substituted for the complaining party
and prosecute such action to Judgment.
III the action is brought by q citizen or a
corporation, and the same shall be dis
missed or Judgment rendered for the de-
PENDANT, and the court finds that there
was no reasonable ground or cause for
such action, the costs may be taxed
against such citizen or corporation, 9TH
erwise the costs shall be paid by the
county.
In all actions or proceedings COM
menced under the foregoing provisions
upon complaint by the state sheriff or
any OF his special agents, no dismissal
shall be had by stipulation or agree
ment without the written consent of the
state sheriff filed in the office OF the
clerk OF court in which such action is
Section 10000. DESTRUCTION OF
LIQUOR AND SIGNS. All intoxicating
liquors except pure grain or ethyl alcohol
IA retail drug stores and pure grain or
ethyl alcohol and yinous liquors in whole
sale drug stores, possessed by any per-
son. partnership, club, association or cor
poration engaged in the manufacture or
sale OF Intoxicating liquors prior to the
first day of July. 1917, and all signs re-
iating to Intoxicating liquors, not here
tofore destroyed or removed. shall be
dACtFnNnHs a nj nAxr .Iz.tEf
constable who shall find any such liquors
or signs shall have authority and it shall
be his duty to seize and destroy such
liquors or signs
Section lO301. DRINKING AND "
TOAlCATlON ON TRAINS. 1t shall be
unlawful for any person to drink intox-
lcatlng liquors of any kind in any street
or interurban car, or Upon any railway
passenger train. coach, dining car, or
vestibule thereof. or platform connected
herewith, while such car, passenger
ram. coach or dining car or vestibule
thereof is in the service of passenger
transportation within this state, or for
any person who is at the time Intoxicated
70 BOARD any such car, train, coach, din
ing car or vestibule thereof, and any con-
ductor or person in charge of any such
car, tram or coach shall have authority
to. and shall arrest any such person vio-
latlng the provisions of this section, and
turn him over to any sheriff, constable.
police or peace officer in this state, to
pc proceeded against as provided by law.
<AhJ pcioon NIOldllUg the DrONlSlOnS OF
this section shall be deemed a disorder
~ person, and shall be punished by a fine
OF not less than twenty five dollars nor
more than one hundred dollars. or by inn
p~rlsonment In the county Jail for not more
than thirty days, or by both such fine and
Imprisonment.
Section 1o3o2. INTOXICATED PER
son. Every person found intoxicated
otherwise than as provided in the proceed
ing section shall be punished upon convic-
tion thereof by a fine of not less than
hundred dollars or by imprisonment in the
county jail for not more than thirty laws
or by both such fine and Imprisonment.
section lO3O3. TRANSPORTING UN-
LAWFUL. 1t shall be unlawful for any
person to have. carry or transport any in
toxicating liquors in any vessel, boat.
carriage. cart. wagon, buggy. automobile.
automobile truck. air craft or other We
hlcle or conveyance or in any manner or
from any point in this state or from any
point outside OF this state to any point in
THIS state. except pure grain or ethyl al
cohol lawfully purchased or obtained for
q lawful purpose by wholesale or retail
druggists, hospitals, universities, state
educational institutions, colleges and
nign schools or by any other person for
medicinal or scientific purposes, and VIM
Gus liquors lawfully purchased or obtained
Tor a lawful purpose by a wholesale drug
gist, or regularly ordained minister OF. the |
GOSPEL. And when any sheriff, deputy
sheriff. constable or police officer or the
state sheriff or his special agents shall
no'N ASoSSA W SdSpSGr mat intoxicating
liquors are being carried or Transported
in violation of this section he shall have
the right n IL shall be his duty TO
search such vessel, boat, carriage. cart. |
wagon, buggy, automobile, utomobil
truck. air craft or other vehicle or con- |
veyance n to seize any and all intoxi- |
eating liquors found therein. and when
ever any such liquors shall be seized the |
officer Selling the same shall take into
his possession such vessel. boat, carriage
cart, wagon. buggy, automobile, automo- |
bile truck, air craft or other vehicle or |
conveyance and all horses or other things |
used in conveying, removing or concealing |
such intoxicating liquors, and he shall
also arrest any person In charge of such
team, vessel, boat, carriage, cart, wagon.
buggy, automobile, automobile truck, air
craft or other vehicle or conveyance and
report such seizure and arrest to the
states attorney of the county in which |
such seizure or arrest shall be made and
the states attorney shall at once proceed
gains the person arrested under the !
provisions OF this article. ANY person VII |
olating the provisions OF his article shall |
be punished by a fine of not less than two |
hundred fifty dollars nor more than one
thousand dollars and by Imprisonment in |
the county Jail for not less thar one |
month nor more than six months. and for |
the second and every subsequent offense |
SO committed within the same or any
other county he shall be deemed guilty OF |
q felony and upon conviction thereof be |
published by imprisonment in the state |
NAE -. - $3.50 n