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Show Id close ah illKM UTAH Snfafive Cannon Would Jjjjpo Booze Joints Excci)t 1111 wtin Drug Stores. nijSjg 1 SSrb to prohibit sale ! SpUPACTl'RE OF LIQUOR 1 'vjgf Measure Become Law. 1 Iffi. I. Drug Store Would j per as Never Before. icjuSfcotative Cnnnon of Salt Lake j . fljgWld have no saloons in Utah. edTs!', however, permit places like "tfi$iM. I. drug store in Salt Lake owi&rcbicli Joseph P. .Smith, prcsl-1 ?m jKhc Church of Jesus Christ i 0?fljday. Saints, is president, and . 'itt'Drng company at. Provo, J:JWKts the name of tho senator-if'iapostlc, senator-if'iapostlc, to dispense booze at 'SsRand caprice of a physician. ltoEp- words- "c W0ll'(1 'al;c the ' onjSand retail druggists the real Cyjjof booze in Utah. To en-. ftaSjjtutionJ. like the 'A. C. M. I. ajJro and the Smoot Drug oom-' oom-' setljProvo to continue io rake in jjfjpfelB and then make a divvy srethiuc office he would also bar fffcrtsturday he introduced in the I bofift)'11 the intent of which is to "Sc manufacture or sale of '.aior malt liquors in Utah, ox- SJre the ('. M. 1. drug store j ,;95inoot Drue company and other ; j'vmcnts owned and controlled . l 'junta desire to dispeuse booze. titutions can sell under the ( prescription of a physician, i SStfon's bill is known as II. B. ; jnd is as follows: j ?jposod Prohibitory Law. KOt 117, Cannon An act 10 pro-Junanufuclurft, pro-Junanufuclurft, sale, barter. glV-M.1or glV-M.1or otherwise furnishing of al-(-miors. except as heroin provided: rafor tho enforcement of the pro-this pro-this act. together with pennl-Hhu pennl-Hhu violation of the same, and tlttc .in, relating to intoxicating Subdivision 41, of section 00, ili (i of section u02, Compiled lJiah, 1D07, and all other auts .fflierowith. Be 11 enacted by the i rsSof Misstate of Utah: k That It shall be unlawful IJlerRon. individual or corporate-. IKpcture. barter, rIvc away lso furnish except as in this act .jgany alcoholic liquors; or to o-- o-- jwlu or purchase of any. alcoholic Oilier In person or by sign, clr-:cr, clr-:cr, card, prleeliat. nIvcrtisc-jithcrwlse. nIvcrtisc-jithcrwlse. or to distribute, pub-'alRplHy pub-'alRplHy any advertisement, sign . 3 wlicro any such alcoholic liquor Imanufacturcd. bartered, sold. y, or otherwise furnished or to J possession of any such alcoholic 'A. n the intention of violating any '( visions of thin act. A viola-'1 viola-'1 yl provisions of this section shall aTerneanor. and shall be punished jmfat not less than fifty dollars qpTthan llvo hundred dollars and Monmcnt for not less than thirty .Saioro than six months; provided, jBthat the provisions of this not '"HFa'nply to thr manufacture, snlo '"Sfywlno for snerauicntal purposes Sits bodies. JWcbliolic Liquor Defined. twThc lerm alcoholic liquor, as jfflihis net, shall bo construed to ymfsplrituouH. vinous, fermented or i)rs, or any imitation thereof or nVWthcrcfor, or compound of any yuugcscriptlou whatsoever, whether "-n9f or not, which contains as jpno porcentum of alcohol, mcas- rjjfolumo and which is capable of rd" ns a beverage, except prc- ""Tjfcompuu ruled by any licensed jIVt, the sale of which would not ftlCUn to the payment of special tux pUfjUby the laws of tho United 'Licensed druggists imnv se)l t-ilh alcoholic liquor for medicinal '-'only upon written prescription ,fiiir practicing physleiun of this ,JMtho manner herein prescribed, ; jgefore any physician, shall Issuu 'MBnreserlptlon he shall mnUo an gMimlnatlon of the person for SK&prcflrrlptlon Is granted. 'J'he wm shall be substantially in the jjl)f7 Utah, county of . wrf . u regiilar nracti- . iSJcian under (ho laws of said ' THboi-oby prescribe for the use a patient In my charge. faMayo personally examined. vmzk m,(' 1 'lo certify that in ijMnthe same Is neeessaiy to the 9lor cure of tho Illness from $mpatlont Is suffering. '-'Sfc. . "i'restriblng Physician." Wfiriptlon shall be llllcd hereun-3Btl"pon hereun-3Btl"pon the day upon which it fjHlnd lsKued, or upon the follow-iSBiyN'ithln follow-iSBiyN'ithln ten days ut"v the same ! tin' druggist he shall file I)llon for record with I ho j county in which such pre-llll'd. pre-llll'd. who shall cause the recorded in his oflleo. and a iy of tin- siiino. or tho orlgl-tlon. orlgl-tlon. showing it has bnen roll ro-ll be prima facie, evidence in t this state The record con-h con-h prescription shall be open iBpeotlon. A recording feo of each proscription so recorded lid by suih druggist to tho k. No druggist who Is also physician shall nil his own hereunder. .'o prescription Jtftllcd, nor shall more than one -y.urnlshcd ipon one proscription. 1 iiSr t',,B "ct H'1"11 ho p" constnied UflUE'S111 wholesale druggists from furnishing alcoholic liquor In . OS JMiiantltl.'s to ri-gulnr llrcnsed ' JjPglfts or to pitbllc or charity 1 '4Pr t0 lllf,,1lcal or pharmacoutl-lli pharmacoutl-lli 'SP r ,0 wlontine schools or In-- In-- 'ti " wholesale ilrnpglsts shall ' 6ttV l? r,f,.l' a complete record of Sasf. ftl,0holle liquor, which record HH, times be open for Inspection Whir authorities of such coun- Jlles In which such wholesale SlOcntod. Any phyololnii who la preserlptlon hereunder, ron-iPV ron-iPV false statr-iuent, shall be viTO'BuoineHiior; any druggiHt ClJtull any prescription for alco-ftr. alco-ftr. otherwise than herein al-,5,in,,1 al-,5,in,,1 fal1 lo fl,e re-I2i,fcd..1)y re-I2i,fcd..1)y V1"1 w,Ul ,ho county Kln thV .Umv Prescribed, shall if i inlsdomeanor. Any person obtain alrohollo liquor for an-'tcuplanoc an-'tcuplanoc with tho torms here-&alf here-&alf :nyert tho samo to any shall bo guilty of a mlsde- Uso Wood Alcojiol. at In further onacted that noth- J,ad shall prohibit the sale of enaturud alcohol for art, sd-' s V entlfic or nicehanlqal purposes, or grain alcohol for bacteriologists, who are actually actu-ally engaged In-"tha,C cluss of work,; said use of grain alcob.dr.jo. Jc. (or scientific 1 purposes only, as .shown by an affidavit i duly sworn to by such person. Any person per-son who shall make .tny false statement In any such affidavit shall be guilty of a misdemeanor. , , Sex. 3. 12verypersonwho shall. -within i this state, directly 'or Indirectly.-" keep or maintain by himself or by associating or combining with others, any clnbroom -or other place "In which "any" alcoholic liquor Is received or kept for the .purpose of soiling, soil-ing, bartering, giving away, or otherwise furnishing, or for distribution or division among the members of any club or association asso-ciation bv any means whaisdcvor, and every person who shall sell, barter, give away or otherwise furnish, distribute or divide nnv such nlcohollc. liquor- so received re-ceived or kept, shall be guilty of a misdemeanor. mis-demeanor. ' I See. i7. If n shall be made to appear to any judge of a district- court or Jus-: , tlce of the peace thai there 'Is probable cause to believe that alcoholic liquor Is being manufactured, sold, bartered, given awav. or otherwise furnished, or Isi being kept for the purposo of selling, bartering. I giving awav. or otherwise furnishing, in I violation of thls-act, "such' judge or. magis-I magis-I trate shall issue a warrant directed to j anv officer of the county whom tho com- ! plainant may designate, having the power to serve criminal . process, commanding him to search the premises described and designated in such complaint and warrant, war-rant, and to seize all such alcoholic liquor li-quor there found, together with tho vessels ves-sels In which llicy arc contained, apd all Implements, furniture and fixtures used j or kept for such ' illegal - manufacturing. I selling, bartering, giving away, or other-I other-I wise furnishing of such liquors, and safe- )v keep same; and to make rot urn within three davs of said warrant, showing all acts and things done thereunder, with ft partlcujur statement of nil ' property seised, of. the person or persons In -whoso possession ' the same was found. If ally, and if no person be found In the possession posses-sion of said property, his retuin shall so state. A copy of said warrant shall be served upon the person or persons found ' lit possession of -such alcoholic liquor, furniture or fixtures so seized, and. .if jio person befoupd in tho possession "thereof, a copv or said warrant- shall be posted on the door of the building or rooin wherein the same are found. Sec. T. Upon tliK return of such warrant war-rant as provided In the next" preceding section, the magistrate or judge shall fix a time, not less then ten days nor more than thlrtv days thereafter, for hearing of said-return; when, he shall proceed to henr and determine whether or not the property prop-erty so seized, or any part thereof, was used in violation of any of the provisions of this act. At such hearing, any party claiming an interest in any such property, mav appear atid be heard, and If upon i such hearing It. shall appear that any property so seized wns knowingly used, or permitted to be used. In violation of anv provision of this act, the same shall b"' adjudged forfeited to the state. If upon such hearing it shall appear that any property so s.clr.ed was not kept or used for anv unlawful purpose, or if any person shall show that he is the owner of any furniture, fixtures or oilier prop- , erlv-seized under such w:arrant. and that tho" same, or any. part thereof, were unlawfully un-lawfully used without his knowledge or consent, the snmo shall be returned to Its lawful owners. See. 8. Xo alcoholic liquor, vessels, fixtures, fix-tures, furniture or other property seized I by virtue of any warrant Issued under tho I provisions of this act shall bo token from the possession of the officer seizing the same under any replevin or other process. Sec. I). Xo such wnrrnnt shall Issue but upon probable causo. supported by oath or nfflmmtinn. describing as particularly as mav be tho place to bo searched, or the person or thing to be seized. Offenders to Bo Arrested. Sec .10. "When a violation of any provision pro-vision of this net shall occur in the presence pres-ence of any sheriff, constable, marshal, or other officer having power to serve criminal crim-inal process, it shall bo the duty of such officer, without warrant, to arrest the offender and seize the alcoholic liquor, bars, furniture, fixtures, vessels and appurtenances ap-purtenances thereunto belonging so unlawfully un-lawfully used, and to take such offender or offenders Immediately, beforo the court or Judge having Jurisdiction In the promises, prom-ises, and there niako complaint, under oath, charging the offense so committed, and he shall also make return, setting forth u particular description of the alco holic liquor and property seized, and of the plnce where the same was so seized, whereupon the court or judgi shall Issue a warrant commanding and directing the officer to hold the properly so seized In his possession until discharged by duo process of law, and such property shall bo held in like mnnner as If tho seizure hud been made under a warrant therefor. there-for. Pec. 11. It shall bo unlawful for tho owner or owners of any real estate, building, build-ing, structure, or room, lo use. rent, or permit the same to be used for tho purposo pur-poso of violating any provision of this act. Any jn'rson who shall wilfully violate vio-late the provisions-of this section shall-bo guilty of a misdemeanor, and upon conviction convic-tion thereof shall be punished by n tine In any sum not less than one hundred and fifty dollars, and not moro than one thousand dollars. The tine so Imposed shall constitute a Hen on the property and premises so used, .leased or rented In violation of this act from and after the date of the Judgment, after Judgment execution exe-cution shall Issue; and the said property shall bo sold to satisfy the same, together with costs of suit: provided. howoer. that such Hen shall not attach to property under un-der tho control of any receiver, trustee, guardian or administrator, but In such case the receiver, iruiUfce. guardian or administrator shall bo liable on his. official offi-cial bond for tho tlneib imposed. All leases between. lrtiulloVds and tenants under un-der which any tenant shall use the leased premises for the purpose-df violating any provisions of this act, shall be wholly null and void, and tho landlord may recover re-cover possession thereof as in forcible entry and detainer. Declared a Nuisance. " Sec. 12. All places where alcoholic liquor of any kind Is manufactured, sold, bartered, given away or otherwise, furnished fur-nished In violation of any of tho provisions of this act. are hereby declared to bo public pub-lic nuisances and' shall be' abated In the manner provided by law at the suit of any. citizen of the state. Sec. 1". Xo officer of this state, or any county, city, town or municipal organization organiza-tion thereof, shall ever accept or receive, directly or Indirectly, any property, money or thing of. value, either for himself or for another, or for tho slate, county, city or town or-municipal organization, for or in consideration of any agreement or understanding,' under-standing,' expressed or implied, of any kind, character or nature whatsoever, that any person, individual or corporation, cor-poration, shall be permitted to violate any provision of this act. or shall, because of : tho payment or delivery of any such I moncj.. property or thing of value, cither by way of line, license, permit or otherwise, other-wise, receive or secure Immunity from arrest, prosei-utlou or punishment therefor- Any suoh officer, elective or appointive. ap-pointive. ' violating any provision of this section shall be punished by Imprisonment Imprison-ment in tin- state penitentiary for not loss than one year and one day nor more than five years. . Sec. 11. .'It . shall be unlawful for any railroad or other 'common carrier, or agent thereof, or-any person, Individual or corporate, cor-porate, lo ship, receive, transport, carry, handle or ilellver any alcoholic liquor, the sale of "which Is prohibited by this act. from ono point to another within this state, and any person who shall knowingly knowing-ly violate any provision of this section, shall be guilty of a misdemeanor and all liquors so shipped shall be foi felted lo Lhc state. Sec. 1;". Kvery wife, child, parent. I guardian, employer or other person who shall be Injured In person or property, or means of support by any intoxicated per-; per-; son or in consequence of Intoxication of i any person, shall have a right of action for all damages actually sustained. In his 1 or her own name, against any person, In- dlvldilnl or corporate, who shall, by selling, sell-ing, bartering, giving away or otherwise I furnishing alcoholic liquor, contrary to the provisions of this act, have caused the intoxication of such person. On the trial of any such suit, proof that tho defendant, de-fendant, or defendants, sold, bartered, gave away, or furnished any such alcoholic alco-holic liquor lo such Intoxicated person on the tiny,' or :fbout tho time (and prior thereto1) of such injury, shall be prima facie evidence that tho alcoholic liquor so sold, bartered, given away, or otherwise other-wise furnished, caused such Intoxication. In any action by a' married woman or other person legally entitled to damages for loss Of support, caused by such Intoxication, In-toxication, It sliall only bo necessary to prove that the defendant, or defendants, lios or have given, bartered, sold, or otherwise furnished alcoholic liquor of any kind, to such person during the period when such cause of 'action shall have occurred. oc-curred. Sec. 1C. After the second conviction of any. physician, apothecary, druggist, or pharmacist, for violating any of the provisions of this net. It shall be a part of the Judgment of conviction that tho license to prnetko medicine or pharmacy is revoked, and the court hoioiv whom such person shall be tried and convicted shall cause a certified copy of such Judgment Judg-ment of conviction to be certified to the state board having authority to issue such a license. Duties of lOfficors. So-.. i7. U .t,an ho the duty oT all .sheriffs. deputy sheriffs, constables, mayors, marshals, police judges and police po-lice officers of any county, city or town having notice or knowledge of the violation viola-tion of this act. to notify the county attorney at-torney of tho fact of any such violation, and to furnish him with the names of persons within their knowledge by whom such violation can be proved. Sec. IS. It shall bo unlawful for any newspaper or publisher within the slate to publish an advertisement of .any alcoholic alco-holic liquor or to print or distribute any card or circular advertising or soliciting the sale of any alcoholic liquor. Any per- i son who shall violate any provision of this j section shall be guilty of a misdemeanor. Sec. 10. Whenever a violation of any i provision of this act Is mado a mlsdc- j moonor, and tho punishment is not pre- i scribed, such punishment shall be a fine , of not less than fifty dollars, nor more than five hundred dollars, and Imprisonment Imprison-ment of not less than thirty days nor more than six months Sec. 20. Title 30. relating to Intoxi- 1 eating liquors, also subdivision -II of section sec-tion JOG, also subdivision 6 of section 302, Compiled Laws of Utah, 1007. and all other acts and parls of acts In conflict con-flict herewith aro hereby repealed. Sec. 21. Tills act shall take eft'ect on the 1st day of January, 1010. The bill was referred to the judiciary committee. In the house there were a number of other bills introduced on Saturday. Two bills were withdrawn, I. B. No. 5 and II. B. Xo. 1G. After this, no committees havintr reported, re-ported, the house adjourned until 2:30 o'clock Monday, |
