The herald-advance. (Milbank, S.D.) 1890-1922, 1920-10-22

Aii' i'A1i - tic revocation or retail
druggists permit. An appeal from any
decision OF the state sheriff relating to
the granting or revocation of such per-
nut may be taken to the same board and
IN the same manner as provided in this
article for appeals from decisions con-
corning retail druggists permits, and the
decision on such appeal shall be conclu-
slve aad Ilnsl; provided. that no such
son, partnership or corpora ton who does
not hive and use in his business as a
wholesale druggist a stock of drugs and
druggists ~sundries, exclusive OF fixtures
and Intoxicating liquors, of the value Of
tlfty thousand dollars and who has not
peen engaged in such wholesale drag
making application for such permit. For
the purpose Of defraying the expenses Of
such proceeding the petitioner. upon fill
ing his petition, shall pay to the state
sheriff a fee OF twenty-five dollars.
Section 1928. PURCHASE BY RE-
TALLER 1t shall be unlawful for any
retail druggist doing business in this
state to purchase, accept or receive any
pure grain or ethyl alcohol, or for any
regularly ordained minister of the Cos
pei to purchase, accept or receive any
VlnouS liquors from any person, partner
ship or corporation other than 4 whole
sale druggist holding a permit in this
state: provided, that in case there shall
be no such wholesale druggist holding a
permit doing business in this state or
such wholesale druggist shall be unable
to supply the required LIQUORS. or for
any otHGT FCsSSIll any retail druggist or
regularly ordained minister of the gospel
cannot purchase such liquors. from any
wholesale druggist within this state, the
state sheriff, governor and attorney gen
eral may, upon proper application and
good cause shown, designate some per-
son, partnership or corporation engaged
in the business Of selling such liquor at
wholesale outside OF the state from whom
such liquors may be purchased under
such rules and regulations as the state
sheriff, governor and attorney general
may prescribe, and it shall thereupon be
awful for the retail druggist or regular-
~ ordained minister of the gospel 10 pur-
chase such liquors from such person,
partnership or corporation SO designated.
Section 1926. ORDERS FOR pUR-
CHASE. All purchases by retail drug
sists of any pure grain or ethyl alcohol
for the purpose of compourdius bona fide
non potable medicines, toilet articles, ex-
tracts, tinctures, preparations or similar
compounds containing alcohol. or for re-
sale for medicinal or scientific purposes
as provided in this article. shall be made
upon written or printed orders, and such
/ orders shall be made upon blanks fur
nlsheu for thai purpose by the state
sheriff. Such orders shall be made out
in triplicate and snail be countersigned
and sealed by the county auditor Of the
county wherein the druggist giving such
order conducts his pharmacy or drug
store; one copy of such order shall be
filed with such auditor at the time it is
executed. one copy shall be sent to the
person, partnership or corporation from
tifC IIluOi IL oiheIGd III one copy
snail be retained by the retail druggist
giving such order, and upon receiving
such liquors from the express company,
railroad company or other common car
rier he shall surrender such copy of such
order to such common carrier as pro-
vided in this article.
Section 1925. AFFIDAVIT FOR r
DER. Before the county auditor shall
countersisn and seal any such order, the
retail druggist giving such order shall
make his affidavit in duplicate stating
~ fvl1n ny,l oar --
of the partnership or corporation. if any.
witt which he is connected, the place
where his pharmacy or drug store is To-
poration with which he is connected
owns and conducts in good faith such
pharmacy or drug store, whether he holds
sires the liquors SO ordered. the amount
required. and that he is not purchasing
the same for any unlawful use or pur-
pose: One copy Of such affidavit shall
be filed with the county auditor and the
other copy shall be sent with such order
TO the person, partnership or corporation
from whom such liquors are ordered.
Section 1926. SALE On COUNTER
SIGNED ORDER. Upon receiving the
order and affidavit provided for in the
two preceding sections, it shall be lawful
retail druggist. giving such order. the
quantity and kind of pure grain or ethyl
alcohol ordered. Such wholesale druggis
shall carefully file and preserve such or
49,, 'tt VII " bCAOit IIt
fi1tn Day OF each month he shall file all
such orders and affidavits received by
nm Tor the preceding calendar month
with the state sheriff. together with an
AFFIDAVIT that such orders and affida Wits
We're all the orders and a~ffi9avits for pure
gram or ethyl alcohol received and filled
by him from any person in this state dur
ing such calendar month.
Section lo26I. DELIVERY BY CAR
RiER. 1t shall be unlawful for any re-
tan druggist in this state to receive or
stCeDJ GnI1IprU from nv nx-ca%r Z
company, railroad company, transporta- |
ton company or other common carrier. |
OF any pure grain or ethyl alcohol pur-
chased or ordered by him contrary to the
provisions oil the six preceding sections,
without first delivering to such common
carrier the copy of the order for such
liquors retained by him as provided in
Section lo4ti. and it shall fbe unlawful
12f any comInon carrier to deliver any
sueIi liGuors to any retail drugeist with
iIfst having received from such drug
SiSi the copy Of such order. Every COM
mon carrier shall carefully preserve all
suc2 orders so delivered and on or before
tIfth day Of eacn month such common
Garner SHAH file all of such orders in the
of1ice of the county auditor Of the coun-
" wherein such liquors were delivered.
ana the county auditor shall compare the
same with the copies of such orders orig
Inaliy filed in his office and shall there
forward such copies. so filed By the
common carrier. TO The state sheriff with
sa@a other information concerning the
g vi pG leIlc IDOI Z
70 furnish. Any common carrier. or SER
ant, agent or employe thereof. who shall
'loiate any of the provisions of this sec
ion shall be punished as provided III sec
10279.
Section 1922. PHYSICIANS AND
ELTERINARY'S PRESCRIPTION IN
AWFUL. WHEN. 1t shall be unlawful
or any physician Or veterinary to write.
aive away or furnish TO any person
my prescription for any Intoxicating lio-
iors except as provided in this article.
Section 1916: PHYSICIANS AND
.hTERiNARY'S PERMIT. Any physi-
ian or veterinary in the active practice
his profession, who shall be of good
moral character and who can safely be
with the privileges and respon-
lbillty OF writing prescriptions for pure
rain or ethyl alcohol for medicinal pur- !
'oses. may secure a permit to write pre-
for pure grain or ethyl aico- ,
by filing a verified petition with the :
tate sheriff, setting forth his true name :
residence. that he is in the active !
OF his profession and that he is a :
of good moral character and not of :
ntemperate habits. that he will sell. /,
'rite or furnish prescriptions for liquor :
nly in strict compliance with the pro :
tSlOUS of this article and that he mill =