The herald-advance. (Milbank, S.D.) 1890-1922, 1920-10-29

whom any duty 1svolves 70 enforce any
Of the provisions Of this article shall have
express car. office. depot. freight house
or ether place where shipments OF intox-
fcating liquors are received and delivered
by I'M railroad express COM
PAM or other common carrier; and Sn-
epect and examine all such or
consignments OF intoxicating liquors, be-
fore the same are transported to their
destinations or delivered to the con-
signees And II shall be the duty OF such
railroad company express mpan or
other common carrier to permit and TO
cooperate with such officer in making
are hereby authorized to seize and public
iy destroy all Intoxicating liquors ana
their containers wherever they may be
foLnd under such circumstances as shall
constitute a violation OF the provisions
OF this article. Any person or common
Ecarrier who shall violate any OF the pro-
visions Of this section shall for the first
offense be deemed guilty OF a misde-
meanor and upon conviction thereof shall
be punished by a fine Of not less than
two undred and fifty dollars nor more
ment in the county Jail for not less than
thirty days nor more than six months, Or
by both such fine and Imprisonment. and
for the second and each subsequent Of
Tense shall be deemed guilty of a felony
and shall be punished by a fine Of not
less than five hundred dollars nor more
than one thousand dollars or by impris-
onment in the state penitentiary for not
less than six months nor more than two
years. or by both such fine and impris-
onment.
Section 1o2s2. CARRIERS RECORD
BOOK. All railroad, express and trans
portation companies, public or private,
within this state or doing business with
IN this state. shall keep at each local
GffiCa "A CaY9 rat IA hnnL In which shall la
entered Immediately upon receipt thereof
a true copy Of the statement required to
be on the outside of the package contain
ing any Intoxicating liquors as provided
W the preceding section; also the date
when such liquor was received, the date
when 1t was delivered, and by whom and
to whom It was delivered: after which
record there shall be a blank space in
which the c~onsignee shall be required to
sign his true name before any such liz
uors are delivered to such consignee,
which book shall be open to public in
spection at any time during the business
hours of such company. Such book shall
constitute prima fdcie evidence as to the
facts therein stated and be admissible as
evidence In any court In this state. Such
railroad. express or transportation COM
pany shall. on or before the fifth day of
each month. file two duplicate copies Of
such record of any intoxicating liquors
delivered by such company for the pre-
ceding calendar month, in the office Of
the county auditor OF the county wherein
such liquors were delivered. Such record
shall at all times while In the possession
OF any such company be open to the in
spection of the public during regular
business hours. The county auditor upon
receiving such copies OF records shall
forthwith file one copy OF the same in his
office and transmit one copy Of the same
to the state sheriff. Any express, rail-
o or other transportation company. or
enploye or agent thereof, who fails. neg
lects or refuses to comply with the pro-
visions Of this section, or who makes or
causes to be made any false entry in such
book. shall be deemed guilty Of a misde-
meanor and upon conviction thereof shall
be punished by a fine of not less than
two hundred fifty dollars nor more than
In the county Jail for not less than thirty
days nor more than six months, or by
both such fine and imprisonment; and for
the second and each subsequent offense
shall be punished by Imprisonment in the
state penitentiary for not less than six
months nor more thar two years;
the penalties provided in this article for
the violation OF any of it's provisions. the
costs OF every prosecution shall be added
to and included in every sentence or
Judgment upon any conviction under this
article. and shall be paid BY the person
convicted; provided, that in case the state
sheriff or his special agents shall render
any service In connection with any such
prosecution or in making any investiga-
ton or securing evidence thereof. the
costs to be taxed shall include the ex-
penses OF such sheriff or his special
agents and the per diem Of such special
agents; and all such costs and expenses
as soon as collected shall be mailed
or delivered to the office of the state
sheriff at Pierre, South Dakota. The
state sheriff shall at the end of
each month pay into the state treasury
all fees and money collected by him un-
der the provisions of this article. and the
salary and actual and necessary expenses
OF the state sheriff and his special agents
shall be paid monthly by the state on
fully itemized vouchers certified to the
state, except as otherwise specially pro-
yideG.
section 1926. CIVIL ACTION TO
ABATE NUISANCE. Any public nuis-
ance as defined in the second preceding
section may be abated and e~njoined by a
| civil action in any court having jurisdic-
ton thereof. Any action to abate or en-
join any such nuisance may be COM
menced and conducted as in other actions
for injunctions. except that the complaint
or affidavit used may pc made on infor-
nation and belief. and no bond shall be
such injunction. The attorney general,
his assistants or deputies, the states at
torney, his assistants or deputies, the
state sheriff or his special agents, or any
citizen OF the state, or any society, asso-
| citation or body Incorporated under the
laws OF this state, may and
maintain such action in any court hav-
ing jurisdiction Of the same, In the name
| OF the state on the relation Of the person
so instituting the same. to abate and per-
| pctually enjoin such nuisance. Such ac-
ton may be maintained and an ~injunc-
ton secured against the premises in
which such nuisance exists, and against
| any person. partnership. club. association
or corporation. either severally or jointly.
who either az owner, tenant. agent. keep
err or manager OF any place or premises
where such nuisance is created, kept or
maintained. makes. creates. keeps. main
tains or aids In or contributes to making,
creating, keeping or maintaining such
nuisance or permits. allows or suffers
such nuisance to exist or continue in any
place or on any premises owned, man.
aged. controlled or occupied by him or
them. A temporary or preliminary In
junction shan be granted ex parte upon
the commencement OF any such action
against the person, partnership, club, as
s~ociation or corporation charged with
maintaining Y nuisance and against
the owner or his agent. tenant, lessee Oh
other person in charge OF such building,
tent. erection. grounds. or place where
such nuisance Is alleged to exist which
temporary injunction shall remain In
force until the Ina disposition Of such
action. And II at the Of
such action an affidavit, which may be