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

5. That he desires u permit authoriz-
t fng sam to n,r pur sra IS or import port, sell slco or keep sep
medicinal or scientific purposes under
the regulations prescribed in this article.
The applicant for such permit at the
time of filing his petition shall pay to
the county auditor the sum of five dol
lars. which sum shall be RENTED to the
STATE sheriff at the spn,s time TIE dnpli-
'a ssc IF nui fSssHs s'.fii ssu i fe SF PsRM f. him Il
satisfied Of the truth Of the allegations
and statements In such petition, the state
sheriff may in his discretion grant a
import, keep for sale Or sell pure grain
or ethyl alcohol for the purposes and in
the manner provided in this article. Such
permit shall be in writing and shall be
filed in the office OF the county auditor
Of the county wherein the same is grant
ed and shall by him be entered in an APP
propriate book kept for that purpose.
shall be issued shall keep u certified copy
of the same posted in a conspicuous
place in his drug store or pharmacy.
years from the date of issue. unless
sooner terminated as provided in this
article.
Section 10254. PERMITS DEEMED
RCSTS Permits issued to retail drug.
Sists for the sale of pure grain or ethyl
alcohol as provided in this article shall
be deemed trusts reposed in the recipi-
ents, and may be revoked by the state
sii~ otlNi al ItoIi HS mas bSSil dCCOIu-
ed to the permit holder before such sher-
if. Whenever Il complaint in writing,
verified on information and belief, is
filed in the office of the state sheriff by
any officer who is charged with the en-
forcement of any of the provisions of this
article, or by any citizen Of the county
where such permit holde is conducting
his business, to the effect that such per-
nit holder has i'll any way abused the
trust reposed in him. or that such per-
nit holder or any of his clerks, servants,
agents, employees or partner has yio-
lated any of the provisions Of this article.
or that he has failed to fulfill or comply
with any duty or obligation imposed upon
him by this article, or that any of the re-
CURED statements in such permit holders
petition for permit were or are untrue,
the state sheriff shall issue an order re-
curing such permit holder to show cause
before such state sheriff. at a time and
place specified, why his permit should
not be revoked; or such sheriff may, on
MS own motion, issue such order. a copy
Of the complaint and of the order to show
cause shall be personally served upon
such permit holder at least five days be-
fore such hearing. The complainant and
accused may be heard~in person or by
counsel, or both, and proof may be Of
fered by both parties, and if it shall APP
pear upon such hearing that any of the
charges contained in such complaint are
true. or if the state sheriff shall be sat-
lSfled that the accused has viola Ted any
of the provisions of this article or that
he can no longer be safely intrusted with
the privilege granted by such permit, the
state sheriff shall revoke and set aside
the permit. All papers in such hearings
shall be filed in the office of the county
auditor OF the county where such permit
was granted.
Section 1926. SALE ON PRESCRIP-
TON. 1t shall be lawful for any retail
druggist who has secured a permit and
filed his bond as provided in this article,
during the time that such permit shall be
in force, to sell pure grain or ethyl alco-
hol for medicinal purposes only upon a
written prescription issued by a regular
~ licensed and practicing resident physi-
such sale is made, which physician or
shall hold a permit to issue
such prescriptions as provided in this ar
tiele. Such prescriptions shall be in form
1924 and only one sale shall be made
on each prescription, which shall be de-
to the druggist at the time of
such sale. and no such sale shall be made |
by any person except by such retail drug
gist holding such permit, and not more
than one such prescription shall be filled
for the same person on any one day.
Section 1927. SALE FOR SCIENTIEr-
&c 1t shall be lawful for
any retail druggist, who has secured a
permit and filed a bond as provided in
alcohol for scientific purposes only. upon
the written or printed affidavit Of the
purchaser. Such affidavit must state
the true name of the applicant, his place
of residence by street ard number, if in
a city or town, and the section, town.
ship and range if in the country; the kind
quantity of liquor desired. the par !
purpose for which it is intended
to be used. that it is not intended to be
used as a beverage, nor to be sold nor
given away. and tnat it is intended only
MS own use for the purpose specified:
and that the applicant is over twenty-one
years of age and is not of Incorporate
habits. and that no one has forbidden
amyone' to sell or furnish to him. the APP
nj. any KIND OF llnlnr n G nrnvi5n1 -, /
MS article: and waich affidavit shall be
executed in duplicate. Every retail drug
slst holding IA permit as provided in this
article is hereby authorized to administer
oaths for the purpose of this article. and
10 such affidavit shall be received by
any such retail druggist until it shows
'ut and properly subscribed with pen
md ink or iudelible pencil and sworn to
y the applicant; provided. that no retail
'rCsglsi holding a permit as provided in
his article shall sell. either upon a ply
lcIan S or a N~eterinary's prescription or
loon an affidavit as provided in this ar
zee or Otherwise. any pure grain or
IN this article, or for any
ther purpose, TO any milor. nor to any
person. nor to any person in
ny person when forbidden in writing so
0 do by the husband, wife. parent, child,
uardlan or employer of such person, nor
Q any person when such retail druggist
st~t StloSi W DSIiSN that
he applicant. desires the same for any
urpose. other than as stated in such
or affidavit. and no such
1iors shall be sold or delivered to any
erson other than the person making APP
llcat1on and signing the affidavit there
DR., ard only one sala snau be made on
ach affidavit.
For the purpose of this act the term
purpose is hereby defined to-
a purpose to promote or develop !
cience. J
Any person who shall use such pure
rain or ethyl alcohol for any other pur-
Ose than the one stated in his affidavit
pom which he has procured the same to {
. used for scientific purposes shall be t
ulity of a misdemeanor and shall be /
unlshed by q fine of not less than two s
fifty dollars nor more than one a
lousand dollars and by Imprisonment in t
lie county jail for not less than thirty t
nor more than six months. t
Seetion 10259. RETURN OF AFFT- d
AviT Every retail druggist holding a v
as provided in this article, who i
lau sell any pure grain or ethyl alcohol n
!. specified in this article, shall care il
ny preserve all prescriptions, and all s
fidavits and carbon copies thereof. up II
! which any such liquor shal be sold: t
lch a~ffidaVitS and carbon comics thoronf +