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

t'S AAtlAA = ~ AAAROAN ~
FOR sale pure grain or ethyl alcohol Tor
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 same time the dupl-
cate OF such petition is forwarded to him;
Section 1o252. ISSUE OF PERMIT. III
satisfied of the truth OF the allegations
and statements in such petition. the state
permit to such petitioner to purchase,
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,
and the druggist to whom such permit
shall be issued shall keep a certified copy
of the same posted in u conspicuous
place in his drug store or pharmacy.
Such permit shall be in force for two
years from the date of issue, unless
sooner terminated as provided in this
article.
Section 10254. PERMITS DEEMED
TRUSTS. Permits issued to retail drug,
gists 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
sheriff after a hearing has been accord
ed to the permit holder before such sher-
lis L = VI x - $500
verified on Information and belief, is
filed in the office OF he state shfrlff by
any officer who is charged with the en-
forcement of n of the provisions or TINS
article, or by any citizen OF the county
where such permit holder is conducting
his business, to the effect that such per-
trust reposed in him. or that such per-
nit holder or any of his clerks, servants,
agents, employees or partners has Vlo-
lated any of the provisions OF TINS article,
1 49, Tho he hos faila1 IN fI1lfil or NnmnlN
with any duty or obligation imposed upon
him by this article. or that any of the re-
quired statements in such permit holders
Rs s sfate t9 Sheriff fH Shan sih issue e' an n'e order re.
curing such permit holder to shQE cause
before such state sheriff, at a time ana
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 upQn
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 of the
charges contained 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
tic permit. An DoPClo III SuIh AiNaA IA 81
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
ly licensed and practicing resident physi-
such sale is made, which physician or
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
for the same person on any one day.
Section 10257. SALE FOR SCIENTIF-
&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 pWre grain or ethyl
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 and number. if IN
a city or town, and the section, town
ship and range if In the country; the kind
ana quantity OF liquor ueSlfei, the par
ticular purpose for which ii is intended
to be used, that ii is not intended to be
used as a beverage, nor TO be sold nol
given away, and that il is intended only
for his own use for the purpose specified,
and that the applicant is over twenty-ont
years of age and is not of Incorporate
habits. and that no one has forbidden
anyone to sell or furnish to him, the ap-
plicant, any kind OF liquor, as provided IN
this article; and which affidavit shall be
executed in duplicate. Every retail drug
/ ufGf hnI1inp a nngIntf ac prnui1oA in thfs
article Is hereby authorized TO administer
oaths for the purpose of this article, ant
no such affidavit shall be received by
any such retail druggist until II shows
upon its face that it has been fully filled
out and properly subscribed with per
and ink or indelible pencil and sworn tC
by the applicant; provided, that no retail
this article shall sell, either upon a ply,
sicians or n veterinary's prescription OF
upon an affidavit as provided in this ar.
ticle or otherwise, any pure grain OF
ethyl alcohol for any of the purposes
mentioned in this article, or for any
other. purpose. to any minor. nor to any
intoxicated person, nor TO any person In
the habit of getting intoxicated, nor tC
any person when forbidden in writing sc
to do by the husband, wife, parent, child
guardian or employer of such person, mol
to any person when such retail druggisI
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 APP
plication and signing the affidavit there.
for. and only one sala shall be made OF
each affidavit.
For the purpose of\this act the term
scientific purpose" is hereby defined tc
be a purpose to promote 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 tc
be used for scientific purposes shall be
guilty of a misdemeanor and 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 thirty
days nor more than six months.
Section 10259. RETURN OF AFFI-
DAViT. Every retail druggist holding a
permit as provided in this article, wsho
shah sell any pure grain or ethyl alcoho
as specified In this article, shall care
fully preserve all prescriptions. and al
affidayits and carbon copies thereof, up
on which any such liquor shall be sold
such affidavits and carbon copies thereof
shall be preserved In the original book
form, and on or before the fifth day OF
each month such druggist shall file such
prescriptions. affidavits and carbon copies
thereof in the original book form. filled
or used during the preceding calendar
month. In the office of the county auditor
OF his count Such druggist shall file
with such prescriptions, affidavits and
| carbon comics an affida VIII of His NUN