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

Of the provisions OF this article shall have
the authority to enter the baggage car,
express car. office, depot, freight house
or other place where shipments Of intox,
by n railroad company, express COM
pany or other common carrier; and in
spect and examine all such shipments or
consignments OF intoxicating liquors. be-
fore the same are transported to their
destinations or delivered to the con-
signees And II shall he the duty of such
other common carrier to permit and TO
cooperate with such officer in making
such inspection. And The said officers
are hereby authorized to seize and public
~ destroy all Intoxicating liquors and
their containers wherever they may be
found under such circumstances as shall
constitute a violation Of the provisions
OF this article. Any person or common
carrier who shall violate any of the pro-
visions OF this section shall for the first
offense be deemed guilty OF a misde-
meanor upon conviction thereof shall
be punished by q line OF not less than
two hundred and fifty dollars nor more
than five hundred dollars or by imprison
ment in the county Jail for not less than
thirty days nor more than six months, or
by both such fine and Imprisonment, and
for the second and each subsequent Of
tense shall be deemed guilty of a felony
and shall be punished by a fine Of not
AGco Nbcii - GU iLd " lllOI y
than one thousand dollars or by impris-
onment in the state penitentiary for not
less than six months nor more than two
years. or by both such fine and impris-
onment.
Section 1O2s2. CARRIERS RECORD
BOOK. All railroad, express and trans
portation companies, public or private,
within this state or doing business with
In this state. shall keep at each local
office a separate book. In which shall be
entered Immediately upon receipt thereof
q true copy OF the statement required to
be on the outside of the package contain
inB any intoxicating liquors as provided
by the preceding section; also the date
when such liquor was received. the date
when 1t was delivered, and by whom and
to whom 1t was delivered; after which
record there shall be a blank space in
which the consignee shall be required to
sign his true name before any such LID
uors are delivered to such consignee,
which book shall be open to public in
spsction at any time during the business
hours OF such company. Such book shall
constitute prima facie evidence as to the
facts therein stated and be admissible as
evidence In any court in this state. Such
railroad, express or transportation COM
pany shall, on or before the fifth day of
each month, file two duplicate copies of
such record of any intoxicating liquors
delivered by such company for the pre-
cedlng calendar month. In the office of
the county auditor of the county wherein
such liquors were delivered. Such record
shall at all times while In the possession
OF any such company be open to the in
spection OF the public during regular
business hours. The county auditor upon
receiving such copies OF records shall
forthwith file one copy of the am In his
offlce and transmit one cop OF the same
to the state sheriff. ANY express, rail
road or other transportation company, or
employe or agent thereof, who fails. neg
lects or refuses to comply with the pro-
visions of this section, or h makes or
causes TO be made any false entry In such
BOOK, shall he deampH guilty nf "a niSdp-
meanor and upon conviction thereof shall
be punished by n fine of not less than
two hundred fifty dollars nor more than
one thousand dollars or by Imprisonment
in the county Jail for not less than thirty
days nor more than six months, or by
both such fine and imprisonment; and for
the second and each subsequent offense
shall be deemed guilty of a felony and
shall be punished by imprisonment in the
state p~enitentiary for not less than six
months nor more than two years.
Section 10292. COSTS. In addition TO
the penalties provided in this article for
the violation OF any of Its provisions. the
costs OF every prosecution shall be added
to and Included in every sentence or
article, and shall be paid by the person
convicted. provided, hat in case the state
sheriff or his special agents shall render
any service In connection with any such
prosecution or in making any inyestiga-
ton or securing evidence thereof, the
costs TO be taxed shall include the ox-
ptiStD VI Sutu SHeIIlA OF his special
agents and the per diem of such special
agents. and all such costs and expenses
as soon as collected shall be mailed
or delivered to the office of the state
sheriff at Pierre, South Dakota. Thu
state sheriff shall at the end of
each snonth pay into the state treasury
all fees and money collected by him un-
der the provisions of this article, and the
salary and actual and necessary expenses
OF the state sheriff and his special agents
shall be paid monthly by the state on
FULLY itemized vouchers certified to the
state. except as otherwise specially pro-
vided.
Section 1o2s5. CIVIL ACTION TO
ABATE NUISANCE. Any public nuls-
anee as defined In the second preceding
section may be abated and enjcined by a
civil action In any court having jurisdic-
ton thereof. Any action to abate or en-
join any such nuisance may be COM
menced and duct as In other actions
for iniunctions. except that the complaint
or affidavit used may be made on infor-
nation and belief. and no bond shall be
required to secure the issuance of any
such Injunction, The attorney general,
his assistants or deputies, the states at
torney, his assistants or deputies, the
state sheriff or his special agents, or any
citizen of the state, or any society, asso-
citation or body Incorporated under the
OF this state, may and
such action in any court nav
ing jurisdiction of the anne, in the name
of the state on the relation of the person
so instituting the same. to abate and per-
petiaify en5oin such nuisance. Such ac-
ton nay be maintained and an injunc-
ton secured against the premises in
which such nuisance exists, and against
any person, partnership, club. association
or corporation, either severally or jointly,
either as owner, tenant, agent. keep
er or manager of any place or premises
where such nuisance Is created, kept or
maintained. makes, creates. keeps. MAIN
tains or aid in or contributes to making,
keeping or maintaining such
nuisance or permits, allows or suffers
such nuisance TO exist or continue in any
place or or any premises owned, man
aged, controlled or occupied by him or
them. A temporary or preliminary in
junction shall be granted ex parte upon
the commencement OF any such action
against the person, partnership, club, as
ISOLATION. or corporation charged with
maintaining such nuisance and against
the owner or his agent, tenant, lessee or
other person in charge OF such building,
tent, erection, grounds. or place where
such nuisance Is alleged to exist which
temporary injunction shall remain In
force until the final disposition OF such
action. And II at thu commencement of
such action. an affidavit which may. be
the court or judge. showing that intoxi-
sale or are sold. bartered, traded or giv-
en- away contrary to law on the premises,
particularly describing such premises,
where such nuisance Is located, the court
or Judge must, at the time OF granting
such temporary injunction. issue his war
rant or order commanding the officer
aorvinw xuch fempOrarv iuiuncffon at tha