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

sued may be revoked for the same causes
and in the same manner as provided in
this article for the revocation of retail
druggists permit. An appeal from any
decision OF the state sheriff relating TO
the granting OF revocation of such per-
init 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-
sive and final: provided. that no such
permit shall ever be granted to any per-
son, partnership or corporation who does
not have 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
fifty thousand dollars and who has not
been engaged in such wholesale drug
business for at least one year prior to
making application for such permit. For
the purpose OF defraying the expenses Of
such proceeding the petitioner, upen fiji
sheriff a fee of twenty-f five dollars.
Section io26S; PURCHASE BY RE
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 gos-
pei to purchase, accept or receive any
vinous liquors from any person, partner
ship or corporation other than a whole
sale druggist holding a permit In this
state: provided, that in case there shall
be no such wholesale druggist holding n
permit doing business in this state or
such wholesale druggist shall be unable
to supply the required liquors. or for
any other reason 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 gem
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
lawful for the retail druggist or regular
ly ordained minister of the gospel TO pur-
chase such liquors from such person,
Section 1026i. ORDERS FOR PUR-
CHASE. All purchases by retail drug
gists of any pure grain or ethyl alcohol
for the purpose OF compromising bona fide
non-potable medicines. toilet articles, OK
tracts. tinctures, preparations or similar
compounds containing alcohol, or for re-
as provided in this article, shall be made
upon written or printed orders, and such
orders shall be made upo blanks fur
nished for that purpose by the state
sheriff. Such orders shall be made out
in triplicate and shall be countersigned
and sealed by the county auditor of tl.e
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 ii is
executed, one copy shall be sent to the
person, partnership or corporation from
whom the liquor is ordered and one copy
shall 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-
Section 1926. AFFIDAVIT FOR Or
DER. Before the county auditor shall
countersign and seal any such order, the
retail druggist giving such order shall
make his affidavit in duplicate stating
his true name and residence, the name
of the partnership or corporation. II any.
with which he Is connected. the place
where his pharmacy or drug store Is To-
Gated. that he or the partnership or cor
poration will which he is connected
owns and conducts in good faith sucf
pharmacy or drug store. whether he holds
a permit, the purpose for which he de-
sires the liquors so ordered. the amour,
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 orde
) to the person. partnership or corporation
from whom such liquors are ordered.
/, Section 1926. SALE ON COUNTER
: SIGNED ORDER. Upon receiving tn
p order and affidavit provided for in tn,
two preceding sections, 1t shall be lawfu
for the wholesale druggist to sell to tn
) retail druggist, giving such order. tn
I quantity and Kind of pure grain or ethy
: alcohol ordered. Such wholesale druggis
shall carefully file and preserve such or
der and affidavit. and on or before tn
. fifth day of each month he shall file al
' such orders and affidavits received b;
I him for the preceding calendar monti
with the state sheriff, together with al
, affidavit that such orders and affida Wit
were all the orders and affidavits for pur'
, grain or ethyl c.oohol received and fille'
> by him from any person In this state dur
I ing such calendar month.
a Section 10267. DELIVERY BY CAR
RIlGR. ii shall be unlawful for any re
tail druggist in this state to receive o
r accept delivery, from any express
i 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 tn
3 provisions of the six preceding sections
/ without first delivering to such common
, carrier the copy OF the order for sucl
/, liquors retained by him as provided II
Section 1924, and it shall be unlaw W.T.
for any common carrier TO deliver an.
such liquors to any retail druggist with
out fret having received from such drug
. gist the copy OF such order. Every com
mon carrier shall carefully preserve al
such orders SO delivered and on or befor,
q the fifth day of each month such comEiol
: carrier shall file all of such orders in tn,
a office OF the county auditor OF the coun
! ~ wherein such liquors were delivered
r and the county auditor shall compare tn
!, same with the copies OF such orders orig
inaiiy flied in his office nd shall there
a upon forward such copies, so filed by TIA
common carrier. to the state sheriff witt
such other information concerning tn
, same as he may have or be called upoi
? to furnish. Any common carrier. or ser
i want. agent or employe thereof, who shal
: violate any Of the provisions of this sec
1 ton shall be punished as provided in Sec
ton 1929.
! Section 1922. PHYSICIANS AMI
: VETERINARY'S -PRESCRIPTION UN
/ LAWFUL, WHEN. 1t shall be unlawful
! for any physician or veterinary to write
! sell, give away or furnish TO any person
: any prescription for any intoxicating liq
uors except as provided in this article.
Section 1928. PHYSICIANS AM
i VETERINARIANS PERMIT, Any physi
clan or veterinary in the active practic,
OF his profession, who shall be of goot
! moral character and who can safely bt
, intrusted with the privileges and respon
sibility OF writing prescriptions for pur.
grain or ethyl alcohol for medicinal pur
|, poses. may secure a permit to write pre-
scriptions for pure grain or ethyl alec
/, hol by filing a verified petition with tn,
|, state sheriff, setting forth his true nam,
: and residence. that he Is In the activ,
! practice OF his profession and that lie Is
: man of good moral character and not o
: Incorporate habits. that he will sell
! write or furnish prescriptions for liquo
only in strict compliance with the pro
! visions OF this article. and that he will
: not prescribe such liquor to any person
! he has good reason To believe will use 1
for a beverage or for any purpose pro
bihifah nv law and that bo has not x,ta