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

maintained, to be closed and f%orbidding
It's use for any purpose for a year from
the date of the rendition Of such judg-
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 judg-
ment an order for the plaintiff's%co costs
and a rea sonable attorney fee 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 If 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. 1t shall be the duty
of the sheriff. or other officer executing
such judgment and INDUCTION, to keep
such premises. where such nuisance is
adJudged to exist. closed for the period
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 nui-
Sance, OF knowledge thereof and of ac-
quiescence and participation therein on
the part of the owner, lessor, lessee, 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, it shall
not be dismissed except on n 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
is OF the opinion that the action ought
not to be dismissed. he may direct the
states attorney TO continue its prosecu-
ton. at the expense Of the county, and
If the trial of tho action is postponed for
more than one term of court, any citizen
of 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 a citizen or q
corporation. and the same shalt 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
rwise the costs shall be paid by the
county.
In all actions or proceedings COM
menced under the foregoing provisions
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
pending.
Section 10000. DESTRUCTION OF
LIQUOR M SIGNS. All Intoxicating
Seo SA\SRs pAiS SAaii VI lily dEGollUl
in retail drug stores and pure grain or
ethyl alcohol and vinous liquors in whole
sale drug stores. possessed by any per-
son. partnership, club, association or cor
p~oration engaged in the manufacture or
sale of Intoxicating liquors prior to the
first day Of July. 1917, and all signs re-
lating to Intoxicating liquors, not here
tofore destroyed or removed. shall be
destroyed; and any sheriff. policeman. or
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 1o3o1. DRINKING AND IN
TOXICATION ON TRAINS. 1t shall be
unlawful for any person to drink intox-
or interurban car, or upon any railway
passenger train. coach. dining car, or
vestlbule thereof. or platform connected
herewith, while such car. passenger
thereof is in the service of passenger
transportation within this state. or for
any person who is at the time intoxicated
to board any such car. train. coach, din
ing car or vestibule thereof, and any con-
ductor or person in charge of any such
car, train or coach shall AVE authority
70, and shall arrest any such person vio-
lating the provisions of this Section, and
turn him over to any sheriff, constable,
police or peace officer in this state. to
be proceeded against as provided by law.
Any person violating the provisions 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 i'm
prisonment 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 ted
otherwise than as provided in the preced-
ing section shall be punished upon convic-
ton thereof by a fine of not less than
twenty-five dollars nor more than one
hundred dollars or by Imprisonment in the
county Jail for not more than thirty DAYS
or by both such fine and imprisonment.
Section 10303. TRANSPORTING UN-
person to have, carry or transport any in
toxicating liquors in any vessel. boar.
carriage, cart. wagon, buggy, automobile,
truck. air craft or other We
nlcle 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
TINS state. except pure grain or ethyl al
cohol lawfully purchased or obtained for
a awful purpose by wholesale or retail
druggists, hospitals, universities, state
educational institutions, colleges and
hlsn schools or by any other person for
medicinal or scientific purposes. and vim
Gus liquors lawfully purchased or obtained
for a lawful purpose by a wholesale drug
gist, or regularly ordained minister Of the
sheriff. constable or police officer or the
state sheriff or his special agents shall
nave reason to suspect that Intoxicating
lquors are being carried or transported
$3.50 Hc SitII nave
the right and it shall be his duty to
search such vessel, boat, carriage. cart.
wagon, buggy, automobile, automobile
truck. air craft or other vehicle or con-
veyance and 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
against the person arrested under the
provisions OF this article. Any person Vi
plating the provisions OF this 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 than one
month nor more than six months, and for
the second and every subsequent offense
so committed within the same or any