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Show LOCAL NEWS ITEMS FROM WELLSVILLE Wellsvltle, Aug 11. Mrs. Daniel II. Maughan and daughter, Mae, spoilt Sunday evening In Logan, tho guests of Mr. and Mra. Uobert Harmon. Miss Ella Maughan Is homo again after sovoral weeks' visit with rola-tlvos rola-tlvos In Graco, Idaho. Miss Mao Guunell has returned to her homo In Graco, Idaho. Misses Laura Hanson and Veda Pursor of Logan spent tho week-end as guests of Miss Juno Lcatham. Miss Verda Young of Ogden spent two weeks visiting with Miss Gladys Jones. Mr. and Mrs. Arthur Jensen and children ot Logan wero visiting relatives rela-tives Monday. Mr. and Mrs. Win. II. Maughan and Uttlo daughter, Sybil, ot Salt Lako aro tho guests of Mr. and Mm. P. M. Maughan for a fortnight. Miss Ethel Bradshaw ot Dlamond-vllle, Dlamond-vllle, Wyo., is visiting relatives for a short time. Tho stork loft baby girls nt tho homes ot Messrs. Alvln Haslam and Niels Larson. All concorned aro doing do-ing nicely. Mr. and Mrs. Jamos Baxter and Mr. Lavon Baxter of Ilexburg, Idaho, ro-turnecl ro-turnecl to their home, accompanied by tholr paronts, Mr. and Mrs. Wlll-ard Wlll-ard Baxter, who expect to bo away for a week or so. Mrs. Stovo Baxter and Uttlo daughter, daugh-ter, Elaine, of Logan aro visiting with Miss Sarah Baxter for a few days. Mr. and Mrs. Hobor Maughan and sons, Spencer and Hobcr, Jr., are visiting In Ilexburg. MIsse3 Ida and Gladys Lelshman havo returned from a pleasant visit to Ogdon, whoro they wero tho guests of Miss Owen Williams. Miss Itetta Maughan of Logan was vMltlng with Miss Barbara Maughan Sunday. Tho following promlnont business men ot Wellsyillo went with tho Logan Lo-gan Boosters to Montpeller: Messrs. Uobert Lelshman, William Oarrett, Herman Theurer, and Mayor Lelshman. Lelsh-man. Misses Addlo Allen and Rena Maughan Mau-ghan havo returned homo after a delightful de-lightful visit with Mr. and Mrs. James Allen ot Idaho Falls. Mi, and Mr3. Thomas Walters havo returned to their homo in Idaho FalU. Mr, and Mrs... Walters were here to attend tho funeral of tholr father, Danlef L. Vultere., Mr. and Mrs. Farloy Chrlsten&on and Uttlo ion ot Arlmo are visiting 'IBB with Mr. and Mrs. Walter Jones. Mrs. Hlltyard Chrtstonsen and lit- PA tlo son, Boyd, of Lake Towti, Idaho,' HI aro visiting with Mr. and Mrs. Wm. JJ Murray, . Mr. and Mrs.' Seley of Salt' Lake t M aro tho guests ot'jfn and Mrs. Jos. j BBb Woodward. J JH Miss Josslo Bradshaw of Salt Lako ' M ylsltlng with relatlrea tor a tow M '&?:'. . .,, " .... ,w,t -,-,, IH Ono of tho most delightful events jJH (Continued on pace six). uALj i jH PROHIBITION BILL (Continued from pago'thrco) of such conviction shall bo prima facto evlclonco of the fact of said nuisance nui-sance being kept or maintained nt the tlmo and placo charged. Sec. 12. I aviso of premises, main, tabling nuisance old. If tho tenant ten-ant of q building or tonoment uses such premises, or any part thereof, In maintaining a common nulsanco as heroin dotlned, or knowingly por-mlts por-mlts such uso by another, such uso shall render void tho loaso undor which ho holds, and tho right to possession pos-session shall rovert to tho owner or lossor, who may avail himself of the remedy provided by law for tho forcible forc-ible detention thereof. Sec. 13. Owner falling to nlmte nuisance penalty. Any ono who knowing permits any building or premises owned or leased by him, or under his control, or any part thoro-of, thoro-of, to be used In maintaining a common com-mon nuisance, as defined In this Act, or who, after bolng notified In writing writ-ing by tho prosecuting officer or officers, offi-cers, or cltlieu, of such uso, omits to take all proper measures, either to abato said nulsancos or, falling therein, to eject therefrom tho person per-son or persons so using tho samo. shall bo deomed guilty of assisting In the maintaining of such nulsanco. Sec. 14. Search and seizure duties du-ties of officers reports to lo made. It any district, county, city or town attorneyor any peace officer or any other person, has probablo causo to bellovo that liquors aro possessed, manufactured, sold, bartered, given away or otherwlso furnished In violation vio-lation of this Act, or aro kept for tho purpose of selling, bartering, or giving giv-ing away or othorwlse furnishing In violation of law, It shall bo tho duty of any such attorney, peaco officer or person, forthwith to mako and fllo with a Judge of the district court or any city, town or precinct Jus-tlco Jus-tlco of tho poaco, wrltton Information supported by his oath or affirmation that ho has Information of and reason to bellovo, and does believe, that this Act Is being violated at a cortaln placo, stating tho facts within his knowledgo and upon which he bases hla belief; nnd ho shall describo as particularly as may bo tho placo, and the namo of tho persons If known participating In such unlawful net. Said Judgo or Justlco of tho peace, upon finding probable cauBe to bellovo be-llovo that the facts stated In such Information In-formation aro truo, shall lssuo a cearch warrant, directed by any peaco officer In tho county whom the complainant may deslgnato, describing describ-ing as particularly as may bo, the liquors and the place descrlbod In said Information, and the persons named or "described In said Informa-1 tlon a3 the owners or keepers of said liquors, and commanding the said officer to search thoroughly said placo; and on finding liquors In unlawful un-lawful possession or use, to arrest persons foun1 therein and bring them before said court; and to seizo tho said liquors with the vessels containing contain-ing them and all tho Implements, furnlturo and fixtures used or kept for such Illegal acts, and keep the same securely until final action bo had thereon. Whoreupon the said officer to whom such warrant shall bo delivered de-livered shall forthwith obey and oxe-cnto oxe-cnto as effectively aa posslblo the commands of Bald warrant, and make return promptly of his doings to said Judgo or Justice, with an Itemized Inventory of all liquors and property or things soized; and also a list of all persons In -whoso possession the samo were found, If nny; and If no person bo found In possession of said liquor or property his return shall so state; and said officer shall securely se-curely keep all liquor and other things so Felzed by him until' final action Is had thereon. A copy of said warrant shall bo sorved upon tho person or persons found In possession of any such liquors, furnlturo or fixtures fix-tures so seized, and If no person bo found In possession thereof, a copy of said warrant shall be posted In a conspicuous place on the building or room wherein the samo are found. It admission to such building or room is refused, the officer directed to servo the warrant Is heroby authorized author-ized nnd required to force open tho same. It' fluids aro poured out, or otherwise destroyed, by any tennant, assistant or other person, when the promises are searched or about to bo searched, apparently for tho purposo of preventing their seizure, said flu-Ids flu-Ids shall be held to be prima facto Intoxicating liquors, and Intended for unlawful use, sale, barter, exchango or giving away. Any peace officer who shall mako a seizure of liquors or any other property under the provisions of this Act, shall forthwith report In writing on forms supplied by tho Attorney General such net, together with detailed de-tailed Information as to tho property seized and persons arrested with the address ot the placo from which such property was seized, to the prosecuting prosecut-ing attorney of the city or county In which such seizure was 'made, nnd also to tho Attorney General. Sec. 15. Seized properly not released re-leased trial on merits conviction bar to nil suits. When any liquor, vessels, property or other things shall havo been seized by vlrtuo of any such warrant, the same shall not bs discharged or returned to any person clnlmlng tho same by reason of any alleged Insufficiency or description In tho warrant, of tho liquor, property proper-ty or place, nor by writ of replovln or claim nnd delivery or any other process; but the claimant shall only bavo the right to be heard on tho merits ot the ca3e; and final Judgment Judg-ment of conviction In such proceedings proceed-ings shall In all cases be a bar to all suits for tho recovery of any liquors or other things seized, or of tho value ot same, or for damages .ailoged to arise by reason of the solx- Bfl lng and detention -thereof. .""" j BB Sec. 16. Payment of Internal rev. BB ena tax prima ..facie ..ovldenco ot BB manufacturing obxImIc. A copy ot BB entries made In the records of the H United States Internal revenue col- BB lector, certlflod by said collector or BB a duly qualified notary public, show- BB lng' the payment ot tho United States BB internal revenue special tax after BB August 1st, 1917, for the manufac- BB ture or sale of Intoxicating liquors B shall be prima facle'evldence In tho B courts of this State ot such manufac- BB ture or sale by the party tumL-3 tk therein with tho period set forth in BJ such record. IBI Sec 17. Returns Jurisdiction of BB courts proceedings as in criminal prosocntlons Judgment.' In the BB event ot a selzuro under the warrant B as provided for in Section 14, the of- B fleer shall forthwith mako a return B ot his acts theroundcr, and If said M warrant has been Issued by a Justlco Bfl ot tho peaco, and by said return It Bfl appears that liquors, vessels or' other B things used for purposes of selling, M or otherwlso disposing of such liquors M contrary to law, havo been found up- M on the premises described In said M warrant, tho Jurisdiction ot tho Jus- jH tlco of tho peaco shall thereupon H ceaso, except that the Justlco issuing HB such warrant shall forthwith certify Bfl tho record and all fllo.1 tosthe District BJ Court of the county In which said H promises are situated, and from time jH of filing such records and files with fl tho clerk of said District Court said IJ court shall have Jurisdiction to pro- jfl ceed with said cause and determino BJ tho merits thereof as provided by H law; and tho clerk of tho said court jH shall fix a tlmo for hearing said mat- H tcr, of which notice shall bo given M as provided herein. IB In all cases upon tho filing of tho H warrant and return ot tho officers H In tho District Court tho clerk there- jfl of shall fix a tlmo for hearing said matter and shall causo such notlco H to bo left, at the placo whero said OB liquors were seized; and if said place HI bo a dwelling house, storo or shop, IB posted in somo conspicuous placo on jH or about the said building; and also IB to bo left with or at the last known JB nnd usual place of residence ot tho IB person named or described .in said IB Information as tho ownor or keeper H of said liquors; it he he a resident ot Hb this State, a notlco summoning such B? person and all others whom It mayr concern to appear boforo said coi ' JPf at a placo and time named in sft Jf notice, which tlmo shall not bo loss B' than flvo nor, more than fifteen days B after the posting and leaving of said R notice, and show causo, If any they B havo, why said liquors, together with H tho vessels In which the samo aro H contained, and other property should H not be forfeited; and said notlco shall H with reasonable cortalnty, describe Bj said liquors, vessels, and other pro- BJ perty or things, and shall state H whero, when and why tho samo were BJ selzod. At tho tlmo and placo fixed BJ In said notlco, tho person named In BJ said Information, or any person H claiming any interest In said liquors, H vessels and other property or any H part thereof, may appear and show H (CoatInue4 on page ftre) H PROHIBITION BILL B (Continued from page tour) 1 cause why tho sarao should not be B -orfoitcd. If any person shall so ap. IH pear he Bhall become a party dofond- IB ant In said cause, and said court H shall make a record thereof. Wheth- JB er any person shall so appear or H not, said court shall at tho time fixed H proceed to tho trial of the case, and B tho county, or district attorney shall H appear before said court and prose- IB cute said information, and show cause B why said liquors, vessels or other B property should bo adjudged for- B felted. H Tho proceedings in tho trial of (IB such case may be the satno substan- B tlally as in tho cases of criminal IB prosecutions beforo sucli courts, and SbV If any person shall appear and be jjB mado a party defunduut as herein f provided and shall mako n written H Plea that said liquors, vessels or other property or any part thereof, HbH claimed by him, were not owned or JSaK' kept with intent to bo used in vio- R latlon of tho law, such party defend- MB ant may demand a Jury to try the Mb, issue; and if upon tho evidence pro- kW sonted, the said court or jury, as p5( the case may be, shall by verdict find VJt that said liquors, vessels or other -'$ property wn3, when seized, owned 01 m kept by any person for tho purposu flfb of being sold or used In violation of W.Zjki law, tho said court shall render Judg- m&r, ment that said liquors, vessel-, or Prf other property or any part thcicoT, wt bo forfoltcd. If no person bo mado KSflf dofendant in manner aforesaid, or it' mS' Judgment bo in favor of all tho do- Kjit fondants who appear and aro made Uuj such, then tho costs of tho prosocu- B.$r tlon shall bo paid as In ordinary HJy criminal prosecution whero tho proso- Bw cutlon fails. If Judgment shall bo BiA against only ono party defendant ap- Bj pearlng as aforesaid, ho shall bo B ndjudgod to pay all tho costs of pro- Hj ccedlngs in tho sclzuro and detention f of tho liquors or other things claimed m by him, and of tho trial up to the B tlmo of Judgment. But If said judg- S ment shall bo against moro than one defendant claiming distinct interest H in said liquor or other things, then C tho costs of said proceeding and trial H shall bo accorded to tho discretion H of said court, equitably apportioned B among the said defendants for the B amounts of costs so adjudged against B them. Any person appearing and be- B coming party defendant as aforesaid B may appeal from said Judgment for B forfeiture, as to tho whole or any B nart of said liquors, vessels or other B property claimed by him and so ad- B Judged forfeited. Sec. 18. Seized property sold, I destroyed or restored costs of pro-B pro-B cowling. Whenever it shall be flnnl-B flnnl-B ly decided that tho liquors, vessela or other property solzod as aforesaid B aro forfeited, tho court rendering B final Judgment of forfelturo shall is- sue to tho officor a written order, directing him forthwith publicly to B destroy said liquors, vossels, or other B property; provided, however, that If B somo such property, except liquors, B can bo used for lawful purposes, and B in tho discretion of tho court the pub-B pub-B lie Interest would bo served by sell-B sell-B ing Instead of destroying same, then B the court shall direct tho officer to B soil ouch proporty at public auction P" to tho highest bidder after having posted a notlco of such Intended auction auc-tion in somo conspicuous place on or about tho building In which tho trial waB had, not less than ten days next proceeding tho dato of said auction, said notlo containing an inventory nnd bri f description of such proporty and tlmo and placo to bo offered I for sale. Upon application of any f person desiring to Inspect such pro- k perty, after tho order to sell has boon Issued by tho court, tho officer In whoso custody this proporty Is held, shall permit such inspection. All monoys derived from uch sales shall be turned over to tho county treas urer, and his receipt therefor, together to-gether with a report of the sale, listing list-ing tho selling price of all parcels sold, and a return of said order of tho court, with his doings endorsed thereon, shall be immediately made by said officers to said court. Whenever it shall be finally decided de-cided that any liquors or other property, pro-perty, so seized, aro not liable to forfeiture, the court by whom such final decision shall be rendered, shall Issue a written order to tho officer having tho same In custody, or to somo other peace officer, to restore said liquors, vessels, or other property proper-ty to tho placo where they were seized, as nearly as may be, or to the person entitled to receive them, which order tho officers shall obey and mako return thereon to tho court of his acts thereunder, and tho costs of tho proceedings in such caso attending at-tending the restitution, as also the costs attending the destruction or salo of such property In case of forfeiture, for-feiture, shall be taxed and paid In the samo manner ns Is provided in caso of ordinary criminal prosecution prosecu-tion whero the prosecution fails. Sec. 19. Arrest nnd seiure without with-out unrronl proiicrfy held ns in other cn.sen. When a violation of any provisions of this Act shall occur In tho presenco of any sheriff, constable, marshal, police officer or other officer offi-cer having power to servo criminal process, It 6hall bo tho duty of such officer, without warrant, to nrrest the offender and selzo the intoxicating liquors, vessels and other property so unlawfully used, nnd to tako such offender immediately before tho court or judge having jurisdiction in tho premises, nnd there mako complaint under oath, charging tho offence so committed; and ho shall make return, setting forth a particular description of tho liquors, vcsaols and other property pro-perty seized and of tho place whero tho samo wero seized; wheroupon tho court or judge shall Issuo a wsxrnnt commanding nnd directing the officer offi-cer to hold safely the property so seized In his possession until discharged dis-charged by duo process of law; nnd such property shall bo held in like manner as If tho seizure had been under a warrant therefore. If any peace officer shall have probablo cause to believo any person per-son has on, or about his person, in any kind of recoptaclo or in any vc-hlclo vc-hlclo under his control, liquors in any quantity, in violation of any of tho provisions of this Act, such peaco officer shall have authority to ex-amino ex-amino such vehiclo and receptacle and the contents thereof, and tie finds of any liquors In the possession of any such person, or under his con trol, not bearing a permit of a jus-lice jus-lice of tho peace or a tag or label of tho Attorney General, shall be PThna faclo evidence that such liquors were kept for an unlawful purpose, and such person shall be forthwith arrested by such officer. Sec. 20. Officers to enforce provisions pro-visions ersons to render assistance failure subject officers to rt'inor-nl rt'inor-nl npponls nlloned. All sheriff, deputy sheriffs, mayors, police judges, justices of tho peace, constables, con-stables, marshals, and peace officers, and all district, county, city and town attorneys nnd clorks of courts, shall dlllgontly enforce the provisions of this Act. And for tho purpose of enforcing en-forcing this Act, all peace officers shall have access, ingress and egress to and from all places of business, fuctorles, farms, buildings, carriages and cars, used in tho manufacture, storage, transportation or salo of any liquors, alcoholic essences, extracts, medicines, or othor such preparations, prepara-tions, cidor or other boverages, and also In restaurants, dining halls, cafes, places of public resort, hotels, and all rooms thereof, and all othor places whero beverages ro prepared, storod or served. They Bhall also havo power and authority to open nny package, can or vescl containing contain-ing or supposed to contnln any article arti-cle manufaeturcd(6old or exposed for sale, or held in possession with in tent to sell, In violation of tho provisions pro-visions of this Act, and may inspect the contents thereof, and may take samples therefrom for analysis. All dealers, clerks, bookkeepers, express agents, railroad officials, employcoa or common carriers shall render to them all the assistance in their power, pow-er, when so requested, in tracing, finding or discovering tho presenco of any article prohibited by law, and in securing samples thereof as herein provided for. Any refusal or neglect on tho part of such dealers, clorks, bookkeepers, express agents, railroad officials, employees or common carriers car-riers to render such aid, or to furnish furn-ish such sample for analysis, as provided pro-vided for In this section, t shall bo deemed guilt of n misdemeanor nnd shall bo punished as herein provided. ( Immediately upon conviction of nny person in any town, city or i county of this State for violation of . any provision of this Act, or for violation vio-lation of nny city ordinance, relating to liquors, it shall bo tho duty of tho clerk of tho court or tho Justice of tho peaco to notify tho Attorney General Gen-eral of such conviction, giving in writing full particulars of tho caso on forms supplied by tho Attoreny General. If any officer shall fall or refuse to do or perform nny duty required by this Act he shall bo removed from office as herein provided. Tor tho purpose of such removal a petition may be filed In tho district court of tho county wherein such officor resides, re-sides, in tho namo of tho State, on tho relation of any citizen thorcof, upon rcommcndatlon of a grand Jury, or in tho relation of tho board of county commissioners, or nny executive, execu-tive, prosecuting or peace officer, or of nny attorney appointed by tho Govornor under tho provisions of this Act. Summona shall bo Issued and proceedings had thereon to final Judgment ns In other civil cases; provided, however, If an order Is mado suspending such officer from his offlco as herein provided, ho shall bo entitled to demand nnd havo a trlnl within ten days, If tho court bo in cession. If tho court bo not in session then tho accused shall bo entitled to demand nnd have a trial within the first ten days of the next term of court. A change of judge or a change of vonue shall bo allowed as lnvother civil cases. Pending the trial of said cause, application may be mado by the relator thoroln, or by any attorney appointed by tho Governor under the provisions of thU Act, to nny judgo of tho supremo court or to the Judge of the district court wherein such cause is ponding, pond-ing, for an order suspending said officer from his office during tho pendency of Bald sutt; and, after reasonable rea-sonable notice to the defendant of such application and an opportunity to show cause, If any tnoro be, in opposition thereto, if It snail appear to tho satisfaction of such Judge that such officer has failed, neglected or refused to perform tho duties ro- quired of him by this Act, then It) shall bo tho duty of such Judgo to enter an order suspending such officer offi-cer from offlco until final trial of the caso; nnd in such order said judge shall appoint a proper porson to hold such offlco nnd porform all the duties thereof during tho suspension. sus-pension. Appeals shall bo allowed in nny such caso as in other civil cases. " Sec. 21. Prinking Intoxicating liquors In public n misdemeanor. Any person who shall In any stroet or alley, al-ley, public plnce, Btoro, rostaurant, hotel lobby or parlor, or In or upon any passenger coach, streot car, or upon any other vehiclo commonly used for the transportation of passengers, passen-gers, or in or about any dopot, platform, plat-form, waiting station or room, or at any public gathorlng, drink nny Intoxicating In-toxicating liquors of any kind, or shall be drunk or Intoxicated, shall bo deemed guilty of a misdemeanor. Sec. 22, Adwrtlstng Intoxicating liquors n misdemeanor. It. shall bo deemed a mlsdooieanor for any per son, either directly or Indirectly to advertise liquors, Imitations (hereof, or substitutes therefor. In this State for sale or gift In nny newspaper, periodical, circular, bond bill or prlco list, or on any sign, signboard, billboard, bill-board, bulletin board, or by displaying display-ing or exhibiting said liquors, or in nny manner whatsoover advertising samo; or for nny owner, officor or porson in chargo of nny newspaper, periodical, sign, signboard, billboard, bulletin board, printing offlco, advertising adver-tising agency, or publicity bureau, or any other person, to publish or distribute dis-tribute nny matter In this Stato which either directly or Indirectly nd-vertiscs nd-vertiscs Intoxicating liquors. Sec. 23. Appcnls allowed. In all cases arising under this stntuto the Stato shall havo tho right to appeal as to the questions of law. Soc. 24. llocords of carriers cl-donco cl-donco In court failure to keep constitutes con-stitutes misdemeanor. Common carriers car-riers within this Stntc, nro hereby required to keep a separate book at tho point of dellvry in which Bhall bo entered, Immediately upon receipt thereof, tho namo of tho person to whom liquors are shipped, tho amount and kind received, the dato when delivered, nnd by whom delivered deliv-ered and to whom delivered, nftcr which record shall bo a blank space In which tho consignee shall bo required re-quired to sign his name In ink, beforo be-foro nuch liquors aro delivered to such consignee, which book shall bo open to public inspection at any tlmo during business houra of tho company. com-pany. Such records shnll constitute prima facio ovldcnco of tho facts therein stated and shall be admlssa-blo admlssa-blo as cvidc-nco in any court of this Stato. Any cmployco or agent of nny common carrier falling or refusing refus-ing to comply with tho provisions of this section shall bo deemed guilty of n misdemeanor. Soc. 2ti. Assoclnto counsel dismissal dis-missal of causes only after statements. state-ments. Any citizen, association, or society may employ an attorney, or attorneys, to nsslst tho prosecuting attorney to perform his duties under this Act, nnd such attorney shall bo recognized by tho court, nnd by tho said prosecuting attorney ns assoclnto assocl-nto counsol In tho proceedings; and no prosecution shall bo dismissed over tho objection of such nssoclate counsel coun-sel until tho reasons of the prose cuting attorney for such dismissal, together with the objections thereto of said assoclato counsel, shnll have been filed In writing, argued by counsel, and fuTly considered by tho court. Sec. 26. Irrj)erty rights. Thero shall bo .no property rights whatsoever what-soever in any liquors, vc3Bels, appliances, appli-ances, fixtures, l)nrs, furniture and Implements kept or usod for the purpose pur-pose of violating, or used In violation viola-tion of any provision of this Act. Sec. 27. Opening packages In transit prohibited. It shall bo un-I un-I lawful for any person, or persons, to open any original package, or packages, pack-ages, In which Intoxicating liquor Is being shipped while tho same Is In transit and undelivered; or for any common or special carrier, or any agent or employco of tho same, to allow any orlglnnl pnekago, or packages, pack-ages, in which Intoxicating liquor is being shipped, to bo opened or divided divid-ed in any manner whatsoever, while samo Is upon their premises or hi their possession, except ns provided In Section 20. Sec. 28. Different offenses united for trlnl under separate counts. When a defendant has been hold to answer to tho district court for more than ono offense under this Act, the prosecuting attorney may, In filing his information against Buch defendant, defend-ant, lncludo therein nil tho offenses for which such defendant Is then held to answer to such district court, stating each offonso under separato counts in such information; and, upon up-on tho filing of such Information, tho proceedings thereunder shall bo tho same as though ono offonso only wero charged thorelnj except that tho defendant shall in one trlnl be tried on nil offensos contained therein, there-in, nnd upon the trlnl of such defendant defend-ant thereunder, ho may bo comlcted of one or moro of the offenst3 charged charg-ed therein ns tho evidence may warrant; war-rant; nnd tho failure of the Jury to find tho defendant guilty under nny count shnll bo deemed nn acquittal of tho defendnnt of tho offenso contained con-tained In such count. Sec. 29. Accomplices exceptions ns to agents of authority none excused ex-cused from tcstlfjlng. ( Any person who shall aid, abet, counsel, or procure pro-cure nn unlnwful salo, unlnwful purchase, pur-chase, unlawful gift, or othor unlawful unlaw-ful disposition of liquors, or shall act ns agent or assisting friend of tho seller In procuring or effecting tho unlawful salo or purchaso of any liquors, shnll be guilty of a misdemeanor, misde-meanor, and punlBhed ns provided In Section 5 of this Act. Nothing In this Act shall bo construed con-strued ns prohibiting nny person from purchasing liquors contrary to the provisions of this Act, when acting act-ing as tho agent of tho authorities charged with tho enforcement of this Act in tho detection nnd convlrtlou of violators of said laws. No person shall bo excused from testifying as to nny offonso committed com-mitted by another under this Act by reason of his testimony tending to incriminate himself, but tho testimony testi-mony given by such person shall in no caso bo used against him, nor ehall ho be prosecuted for the offenso of-fenso ns to which ho testified. Sec. 30. Prescriptions limited penally for xinlatlon. It Ehall be unlawful for any physician, veterinarian, veterin-arian, or othor person, to prescribe for any person any liquors for bov-orago bov-orago purposes, or any compound containing con-taining in exceiw of ono-half of ono per centum by volume of nlcohol which la capable of being used aB a bovcrago; or to prescrlbo any medl-clno medl-clno containing In total content of such proscription moro than four ounce of alcohol, and such prescription prescrip-tion shall not ho ro-flllcd within seven days. Any person violating nny of tho provisions of this section Bhall bo deemed guilty of a misdemeanor, misde-meanor, and shall bo punished ns provided In Section 5. Sec. 31. Itetocutloit of licenses. Upon conviction of any physician, druggist or veterinarian for vlolntlng any of tho provisions of this Act, tho court before whom such person shall bo tried and con vtcted shall cause a certified copy of such judgment of conviction to be certified to tho State, County or City Hoard having authority authori-ty to issue licenses to any such physician, phy-sician, druggist, or veterinarian, as the case may be; and such board shall thereupon d eel aro forfeited tho said license, and tho same shall become null and void; and no license shall thereafter for one year be granted to tho said person to practice medicine, medi-cine, pharmacy, veterinary science or dispense drugs in tills State. If any keeper of a hotel, boarding house, pool room, billiard room, bowling bowl-ing alley, store, drug store or othr placo requiring nny license, or any employee with his knowledge, consent, con-sent, connlvnnce or acquiescence, shall keep, store, dispense or uso, contrnry to the provisions of this Act, any liquors, In addition to th'i penalties prescribed for tho lola-tlons lola-tlons of this Act, tho license of such placo shall bo revoked for ono year for the first offonso, and for tho second sec-ond offenso no such llcenso shall bo granted at tho same placo or to tho person convicted for a period of two years; provided, that whoro tho placo Is run under a lease by a person or persons other thnn tho true owner of the building, nothing herein shall operate to prohibit the issuance of a license to a new lessee who was not in nny way connected as an omployoo or otherwlso with tho former business busi-ness therein conducted at tho tlhio of tho revocation of tho llconse. Sec. 32, Versons mny bo compelled com-pelled to dlscloso evidence. Any person per-son shall bo compellable in any pro- - - 'B iceedlng had under this Act to (lis- ' close from whom or from what placo ll he has received liquors Tor a fall- M uro or refusal to make such dlsclos- B ure, If tho Judgo in such proceeding lB shalt bo satisfied that such persons lB know tho facts demanded to bo (lis- JB closed, ho shall be guilty of contempt, B nnd shall bo fined not less than flvo MB dollars nor moro thnn fifty B dollars .and be committed to tho Jail fll for a period not exceeding thirty IB No person shnll bo excused front iB testifying In nny proceeding brought ll under this act, beforo a judgo of jB Justice of tho peace, on tho ground ll that his testimony might Incriminate fil him, but no person shall, ,fjo prose- i IH cuted or punished on account of nny i transaction or matter or thing con- v'B corning which he shall bo compelled i B to testify, nor shall such testimony -B bo used against him on nny prnsecu- M tlon for nny crime under tho laws of ( this State. k B Soc. It", roijut) how punished. -.f Any person who shnll mako nny falso JB or any perjured statement In any ll document, application, affidavit, per- t jB mlt, trial, inquisition or honrlng filed, jH mndc, given or held under this Act, iB or who shall violate any such stato- H ment made, shall bo gul'ty of a mis- B demeanor, nnd for tho second nnd rl ench subsequent offense ho shall 1)3 U M doomed guilty of a folony and shall I B bo punished as provided for In Sec- Bl tlon B Sec. 34. Inquisitions refusal or B dlsoltcdlcnre punished. It tho prose- B cultng attorney of any district, coun- H ty, city or town shall bo notified by any officer or other person, or H Bhall havo knowledge of any viola- fH tlon of any provision of this Act, it J shall bo his duty to forthwith dill- jB gently to Inqulro Into tho facts of H such violation; nnd he may mako nnd 'H fllo with any Justlco of tho peace or jjl Judgo or n district court In his coun- ' ty, a statement setting forth that ho 1"") probablo causo to believo that ' ilH this Aot baB been or Is being vlo- f' ...... d In such county and that certain J CH persons, (naming them) have lnfor- ijHI tnntion concerning, or knowledge of, jl such violations; and upon tho tiling of such statements, or upon the filing JH by nny citizen of nn affidavit con- -ll tninlng tho samo information, it shall f f BB be tho duty of such judge or Justice 7'l of tho peaco to Issuo subpoenas for j tho persons named in such statement i (' flH or affidavit, requiring them to ap- C CH pear beforo him at a tlmo and placet , jifB to be designated therein, to testify fB and produce any books, papers or tl things that will aid to assist in th3 BH prosecution of Buch Investigation . JJH concerning any violation of tho pro- ( y visions of this Act. Such subpoenas". ''11 may be served by any peraon deslg- iH nated by the complaint, Judgo or J Justlco of tho peace, and shall bo - ll served and returned in tho same tlJI manner as subpoenas in ordinary rH criminal cases. I'iI When such witness or witnesses JH shnll nppear beforo tho Judge of lBI Justice of tho peace, ho shall bo ijH sworn to mako truo answers to all jB question propounded to him touching lB tho matters under Investigation, and H the testimony of ench witness shnll ' H bo reduced to writing by the court H or under his direction,- and shall ber ' H signed In Ink by tho witness, Any i jB disobedience to the subpoena of tho H court or any refusal to bo sworn as J a witness, or to sign tho testimony H given by him, or any refusal to an- i H swer any proper questions propound- . H ed by the prosecuting attorney or by i jjH tho court U such inquiry, or nny (lis- I jB closure of any evidence so taken or j J of nny names of witnesses, except i when lawfully required to testtfy nn , jB a witness in relation thereto, shall B be a misdemeanor. 'iJ Any Judgo or justlco of the peaco jH acting under tho provisions of this HIH section shall havo tho power to ad- Hl Journ such proceedings from tlmo to HH time, and to punish any witness for H contempt or on account of his refusal H to bo sworn or to answer questions H .Contlnuod on page nix) B sB .--Hi4! (Cpntlnued from Pago Five.) as a witness or-to sign his testimony; and the attendance of any witness may be by such magistrato compelled by attachment. If tho testimony of any witness at such investigation shall discloao the fact that an offense has been com- mlttod, tho prcsecutlng attorney shall ' '" Ji Immediately prosecute tho person or 4' V? persons committing such offense. ' Sec. 35.' 'Sheriffs to enforce law in towns and cities other officer not relieved thereby. Tho sheriffs of tho several counties of this Stato arhereby authorized and It is 'made their duty to enforce tho provisions of this act within Incorporated cities nnd towns with tho same diligence asvwlthln territory In the respective counties outside of such cities and towns; but this provision shall not bo so construed as to relieve in any - degreo whatsoever any city execu- tlve, prosecuting or police officer of 1 his duty and obligation to enforco tho I provisions of this Act. Sec. 36. Governor and Attorney General authorized to initiate and carry on prosecutions. The Governor Govern-or and tho Attorney Oeneral of tho Stato of Utah aro each horoby given the power and authority to lnltlato and carry on prosecutions for violations viola-tions of this Act in any and iall po lltical subdivisions of this State; and all city, county, precinct and state executive, prosecuting and peaco officers offi-cers aro hereby charged with tho enforcement of tho provisions hereof; here-of; and in tho event of the failure of any local officer to tako the noccb-sary noccb-sary steps for tho enforcement of this law, any and all executtvo, pros- I ecutlng and peaco officers of any I larger political unit within which I such officer so falling or rotuslng his jurisdiction, aro horoby clothed with I authority to take tho necessary stop3 I for tho enforcement of this law. Sec. 37. Holding of any port of I tills Act unconstitutional not to cf- I feet remnlndcr. If any section, sub- I section, clause, or phraso of this Act I Is for any reason held to bo uncunstl- H tutlonnT, such decision shall not af- I feet the validity of tho remaining portions of this Act. J Sec. 38. Inventories to bo fllwl ic"! by certain dealers. Within two days W after tho taking effect of this Act, H ovory druggist, retail and wholesale liquor dealers within this Stato, ls R required to tile an inventory of all n liquors ln his possession at tho close I of business on July 31, 1917. Said 1 inventory must bo vorlfled and set I forth in dotall as to tho kind and I quality of atl such liquors, and must be filed with tho county clork on August 2, 1917. Sec. 39. Certain nets repealed. Chapter 106, Laws of Utah, 1911, and Chapters 79, 80 and 81, Laws of Utah, 1913, and Chapter G3, Laws of Utah, 1915, and all acts amendatory amenda-tory thereof aro hereby repealed. Sec. 40. Ilcpcnl. All Acts and parts of Acts in conflict with tho provisions of this Act aro horoby re- ' pealed. Sec. 41. Act to tako effect. This Act shall take offect on tho first day of August, A. D. 1917; and wholesale and retail liquor dealers and druggists drug-gists aro allowed 10 days after August Aug-ust 1, 1917, within which to remove from the Stato of Utah all intoxicating intoxicat-ing liquors in their possession. Approved February 8th. 1917. |