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

Twenty-Five hundred dollars.
5. That he desires a permit authorizS
Ing him to purchase. import, sell or keep
medicinal or scientific purposes under
the regulations prescribed in this article.
The applicant for such permit at the
the county auditor the sum of five dol
lars. which sum shall be RENTED to the
state sheriff at the same time the dupli-
cate sec Of sus sn,k gstit iss, il f9 %y PasRM e MN f
satisfied OF the truth OF the allegations
and statements in such petition, the state
sheriff may in his discretion \ =
permit to such petitioner to purchase.
import, keep for sale or sell pure grain
or ethyl alcohol for the urposes and in
the manner provided in this article; Sucn
filed in the office Of the county auditor
of the county wherein the same is grant
ed and shall by hin be entered in an APP
propriate book kept for that purpose.
shall be issued shall keep a certified copy
of the same posted in a conspicuous
place in his drug store or pharmacy.
Such permit shall be in force for two
sooner terminated as provided in TINS
article.
Section 10254. PERMITS DEEMED
TRUSTS. Permits issued to retail drug
gists for the sale of pure grain or ethy!
alcohol as provided in this article shall
be deemed trusts reposed in thea recipl-
ents, and may be revoked by the state
sheriff after a hearing has been accord
ed to the permit holder before such sher-
if. Whenever a 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 holder is conducting
his business, to the effect that such per-
NIT holder has in any way abused the
trust reposed jn him. or that such per-
nit holder or any Of his clerks, servants,
agents, employees or partners has vio-
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-
Quired 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
his 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 il it shall APP
pear upon such hearing that any or the
charges ined in such complaint are
true. or if the state sheriff shall be sat
isfied that the accused has violated 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.
TION. 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 h be
- c1r~x ~ na1l nh rn rpa, n~ fhx n 1nn.
hol for medicinal purposes only upon a
written prescription issued BY a regular
ly licensed and practicing resident physi-
clan or veterinary Of the county where
veterinary shall hold a permit to issue
such prescriptions as provided in this ar
ticle. Such prescriptions shall be IN form
and substance as provided in Section
1924 and only one sale shall be made
on each prescription, which shall be de-
livered 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
tor the same person on any one day.
Section 10257. SALE FOR SCIENT1F-
&c PURPOSES. 1t shall be lawful for
any retail druggist, who has secured a
permit and filed a bond as provided in
this article, to sell pure grain or ethyI
alcohol for scientific purposes only, upoT
the written or printed affidavit of the
purchaser. SUCH affidavit must state
the true name of the applicant, his place
Of residence by street and number, II II
a city or town, and the section, town
ship and range if in the country; the kline
and quantity of liquor desired, the par
ticular purpose for which it is intended
to ne used, that it is not intended to bt
used as a beverage, nor to be sold no.
given away. and that it is intended only
for his 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
anyone to sell or furnish to him, the APP
piicant, any kind of liquor, as provided il
this article: and which affidavit shall be
executed in duplicate. Every retail drug
gist holding q permit as provided in this
article is hereby authorized to administer
| oaths for the purpose of this article, anC
no such affidavit shall be received by
any u retail druggist until it shows
upon its face that it has been fully fillec
and ink or indelible pencil and sworn t.
By the applicant; provided, hat no retail
druggist holding a permit as provided il
this article shall seiA either upon a ply
sician's or a Neterinary's prescription OF
lloon an affidavit as provided in this ar
tlcle or otherwise. any pure grain OF
ethyl alcohol for any of the purposes
mentioned in this article. or for any
other urpose. to any minor, nor to any
intoxicated person, nor to any person in
the habit OF getting Intoxicated, nor to
any person when forbidden in writing sc
to do by the husband, wife. parent. child
guardian or employer Of such person, nol
to any person when such retail druggist
knows or has good reason to believe tina
the applicant desires the same for any
purpose other than as stated in such
prescription or affidavit. and no such
liquors shall be sold or delivered to any
person other than the person making ap-
plication and signing the affidavit there
for. and only one sale shall be made or
each affidavit.
For the purpose of this act the term
scientific purpose" is hereby defined to
be a purpose to romot or develop
science.
Any person who shall use such pure
grain or ethyl alcohol for any other pur
pose than the one stated in his affidavit
upon which he has procured the same to
be used for scientific purposes shall be
guilty OF a misdemeanor and shall be
punished by a fine OF not less han two
hundred fifty dollars nor moro than one
thousand dollars and by imprisonment in
the county Jail for not less than thirty
days nor more than six months.
Section 10259. RETURN OF AFFI-
DAV1T. Every retail druggist holding a
permit as provided in this article, who
shall sell any pure grain or ethyl alcohol
as specified in this article, shall care
fully preserve all prescriptions. and all
| lff1da Wits and carbon cOnfQs thoronf IN