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assembly bill NO. 1 INTRODUCED BY INITIATIVE PETITION January 18, 1917 Initiative Petition filed in the office of tb a Secretarv of State of the State of Nevada, December 15, 1916, and subscribed by 7,808 qualified electors of the State of Nevada, said number being more than ten perceDtum of the qualified electors of the State of Ne vada. January 18, 1917—Rules suspended, reading so far had considered first reading, rules fur ther suspended, read second time by title, and referred to Committee on Judiciary. January 30, 1917—The Committee on En grossment hereby certifies that bound copy of Assembly Bill No. 1 hereto attached is a correct copy of the triplicate thereof in its poBdeMaion. ALEX L. TANNAHILL, Chairman of Engrossment Committee. January 31, 1917- Reported back from Com mittee on Judiciary unfavorably, for the reason that it is the opinion of Judiciary Committee that the people of the. State of Nevada should vote directly on this issue. January 31, 1917—Rules suspended, bill en grossed, placed on third reading and final passage, and lost by the following vote: Yeas 5, nays 31, absent 1. Transmitted to the Secretary of State Janu ary 31, 1917. H. W. EDWARDS, Chief Clerk. Sent to Senate February 5, 1917. Rejected by Senate February 8, 1917. (Ex tract from Senate Journal, Twenty-Eighth Session, Twenty-fifth Day, Thursday, Feb ruary 8,1917, page 63 of printed book.) “An Act to prohibit the manufac ture, saie, keeping for sale, and gift, of malt, vinous and spiritous liquors, and other intoxicating drinks, mixtures or preparations; making the Superintendent of the Nevada State Police ex-officio Com missioner of Prohibition, and de fining his duties; and providing for the enforcement of this Act, and prescribing penalties for the viola tion thereof.” The People of the State of Nvvada do enact as follows: Section 1. The word' liquors” as used in t> is act shall be construed to embrace all mait, mouo or spirituoue liquors, wine, porter, ale, >eer or any other intoxicating drink, mixture r preparation of like nature; and all malt or brewed drinks, whether intoxicating or not, shall be deemed malt liquors within the mean ing of this act; and all liquids, mixtures or preparations, whether patented or not, which will produce intoxication, and all beverages containing so much as one-half of one per centum of alcohol by volume, shall be deemed spirituous liquors, and all shall be embraced in the word "liquors,” as heieinafter used in this act. j3ec. 2. Except as hereinafter provided, the manufacture, sale, keeping or storing for sale in this state, or offering or exposing tor sale of of liquors or absinthe or any drink compound ed with absinthe are forever prohibited in this state, except liquors manufactured prior to July tirst, one thousand nine hundred and six teen, and stored in United States bonded ware houses in the custody of the United States col lector of internal revenue, and the said liquors when tax paid and in transit from such ware houses to points outside of this state. Sec. 3. Except as hereinafter provided, if any person acting for himself, or for, or through another, shall manufacture or sell, or keep, store offer or expose for sale; or solicit or receive orders for any liquors, or absinthe or any driuk compounded with absinthe, he shall be deemed guilty of a misdemeanor for the tirst offense hereunder, and upon convic tion thereof shall be fined not less than one hundred dollars nor more than one thousand dollars, and imprisoned in the county jail not less than two nor more than twelve months, and upon conviction of the same person for the second offense under this act, he shall be guilty of a felony and be confined in the peni tentiary not less than one nor more than five years; and it shall be the duty of the prose cuting attorney in ail cases to. ascertain whether or not the charge made is the first or second offense; and if it be a second offense, it shall be so stated in the information or in dictment returned, and the prosecuting attor ney shall introduce the reoord evidence before the trial court of said second offense, and shall not be permitted to use his discretion in charg ing said second offense, or in introducing evi dence and proving the same on the trial; and any person, except a common carrier, who shall act as the agent or employee of such manufacturer or such seller, or person so keep ing, storing, offering or exposing for sale said liquors, or act as the agent or employee of the purchaer of such liquors, shall be deemed guilty of such manufacturing.or selling, keep ing, storing, offering or exposing for sale, as the case may be; and in case of a sale in which a shipment or delivery of such liquors is made by a common, or other carrier, the sale thereof shall be deemed to be made in the county wherein the delivery thereof is made by such carrier to the consignee, his agent or employee. As information, indictment or criminal com plaint for an offense committed under the pro visions of this section, shall be sufficient, which shall charge in substance and effect that within one year last past, the defendant, in the said county of.• • • *“1(* un' lawfully manufacture, sell, offer, keep, store and expose for sale, and solicit and receive * orders tor liquors and absinthe, and drink com pounded with absinthe, against the peace and dignity of the State of Nevada. Sec. 4. The provisions of this act snail not be construed to prevent any one from manu facturing, for his own domestic consumption wine or cider; or to prevent the manufacture from fruit grown exclusively within the state of vinegar and nonintoxicating cider for use or sale; or to prevent the manufacture and sale at wholesale to druggists only of pure grain aloghol for medicinal, pharmaceutical, scientific and mechanical purposes, or wine for sacramental purposes by religious bodies; or to prevent the sale and keeping ami storing for sale by druggists of pore grain alcohol for mechanical, pharmaceutical, medicinal and scientific purposes, or of wine for sacramental purposes, by religious bodies, or any United States pharmacopoeia or national formulary preparation in conformity with the Nevada pnarmscv law, or any preparation wnicn is exempted by the provisions of the national pure food law, and the sale of which does not require the payment of a United States liquor dealer's tax. But no druggist shall sell any such grain alcohol except for medicinal, scien tific, pharmaceutical and mechanical purposes, or wine for Bacramental purposes, except as hereinafter provided, and the same shall not he sol<iJby-4ndn jfrtrifgiat rfor medicinal pur MCncept upon a written prescription of a ^■yslcian of good standing in hiR profession mm not of intemperate habits, or addictpd to to the use of any narcotic drug, prescribing the amount of alcohol, the disease or malady for which it is prescribed, end how it is to he need, the name of the person for whom pre scribed, the number of previous prescriptions given by such physician to such person within the yesr next preceding the date of such pre scription, and stating that the same is abso lutely necessary for medicine, and not to he used as a beverage, and that such physician, at the time such prescription was given, mads a personal examination of such person, anti that such person is known to such physician t( be of temperate habits and not addicted to the use of any narcotic drug, and only one salt shall be made upon such prescription, and Buch prescription shall be at all times kept on hie by such druggist aud open to the inspec tion of all state, county and municipal officers. It shall be the duty of such druggist to regis ter in a book kept for that purpose all pre scriptions from physicians mentioned in this section, stating the name of the party for whom prescribed, the date of the prescription, name of the physician by whom the prescrip tion is issued, the quantity of such alcohol and the use for which prescribed, aud such record shall at all times he open to the same inspec tion as such prescriptions. It shall be lawful lor a druggist to sell grain alcohol for pharmaceutical, scientific'and me chanical purposes, or wine for sacramental purposes by religious bodies, only to any per son, not a minor, and who is nut of intemper ate habits, or addicted to the use of narcotic drugs, who shall, at the time and place of such sale, make an affidavit in writing signed by himself before such druggist or a registered pharmacist at the time and place in the em ploy of such druggist, staling the quantity and the time and place and fully for what purpose and by whom such alcohol or wine is to be used; that affiant is not of uiteniiterate habits or addicted to the use of any narcotic diug; and that such alcohol or wine is nut to be used as a beverage, or lor any purpose other than that stated in sucu affidavit. Such affidavit shall be hied and preserved by such druggist and Oe subject to inspection at all times by any state, county ot municipal officer, and a record thereof made by such druggist in the record book mentioned ill this section, allow ing the date ot the affidavit, by whom made, the quunuty of such alcohol, or wine, and when, where, lor what purpose and by whom tu be used. Only one sale shall he made upon such affidavit, and only m the county wiiere the same is made, and no greater quantity than is therein specified. For the purpose of this act, any druggist oi registered pharmacist making such sale shall have authority to ad luinisler-sucli oath. It any druggist, owner of a drug store, reg istered pbaunacist, clerk, or employee shall upon such prescription or affidavit, or other wise, knowingly sell or give any such alcohol or winetu any person wlio is of intemperate haoits or audicted to the use of any narcotic drug, or knowingly sell or give the same to any one to be used for any pui pose other than luai named in said affidavit or prescription,or who snail sell or give away any liquors with out buch athituvii or prescription, lie shall be deemed guilty of a misdemeanor and punished by tine ui nut less than one hundred nor inure tnaii one tnousand dollars and confined in tile County jail not le.-s than thirty days nor more than twelve munths. Xu any prosecution against a druggist, owner of a drug store, reg istered pharmacist, clerk or employee, lor sell ing or giving liquor contrary to law, if a sale or gift fie proven, it shall fie presumed that the same was unlawlul in the absence ol satis factory proof to tile contrary and tile presenta tion ut such prescription or affidavit by the deieudaut at Lfie tune of tile trial tor suefi sale or gilt, shall be sufficient to rebut the pre sumption arising from the proof of such sale or gilt. Provided, the jury snail believe, trom all tiie evidence m tneease, that such sale 01 gift was made in good taiih under the belie that such prescription-tj__ - and, »*ave uients therein weie tr ue; and, provided fur ther, that such druggist, owner ol a drug store, registered pharmacist, clerk or employee shall have compiled with all other provisions ot tins act relating to tile sale or gitl. An information, indictment, or criminal complaint ugainst any druggist, registeied pharmacist, clerk or employee tor an offense committed under the provisions of thisseetlon, shall he sufficient, which shall charge in sub stance and effect, that the deieudaut, within one year last past, in said county of. ., did unlawfully seltfgive, oiler, expose, keep, and store lor sale and gitl, liquors, against the peace and dignity of the .State ut Aevada. SEC. o. If any person who is of, intemper ate habits or addicted to the use of any nar cotic drug shall make the affidavit mentioned m the piecedmg section, or if any person mak ing sucli affidavit, snail use as a beverage, or lor any puipose, or ut any place other than that slated m such affidavit, or shall knowing ly permit another to do so, said alcohol or wme, or any part thereof, or shall knowingly make any false stutemeul in such affiiduvit, he shall he gunty ot u misdemeanor auu upon conviction he punished by a fine of not less ttian one hundred 1101 more than one thousand dollars, and be eouhiied in the couuty jail not lesH than two nor more than twelve, mouths for the first otfensu hereunder; ami for the sec ond offense he shall be deemed guilty ut a felony and punished by confinement in the penitentiary not less than one nor more than five yearB. If any physician who is not in good stand ing in his profession or who is of intemperate habits, or who is uddicted to the use of any narcotic drug, shall issue auy such prescrip tion as is mentioned in the last preceding sec tion; or if any physician shall issue such pre scription without, at the time, making a per sonal examination of the person for whom the liquor is prescribed, or shall presciibe for any person who is in the habit of drinking to in toxication ami whom he knows, or has reason to believe is in tlie habit of drinking to intoxica tion or shall give such prescription and make the statements therein required, or any part thereof, falsely, he shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined not less than one hundred nor more than one thousand dollars and imprison ed in the county jail not less than thirty days nor more than twelve months, and in ad dition thereto, for the first offense under this statute, the court may, in its discretion, sus pend the license of sucli physician tor a period of six muntliH and for each offense thereafter the court shall suspend such license for a per iod of six mynths. Sec. 11 Every person who shall directly or indirectly keeper maintain by himself or by associating with others, or who shall in any manner aid, assist or abet in keeping or main taining any club house, or other (lace in which any liquor i- received or kept for the purpose of use, gift, haiter or sold as a beverage, or for distribution or division among the mem bers of any club or association by any means whatsoever; and every person who shall use, barter, sell or give away, or assist or abet in bartering, selling or giving away any liquors so received or kept, shall be deemed guilty of a misdemeanor and upon conviction thereof be punished by fine of not less than one hundred nor more than one thousand dollars and by imprisonment in the county jail not less than thirty days nor more than twelvemonths; and in all cases the members, shareholders or as sociates iu any club or association mentioned in this section, snali be competent witness to prove any violations of the provisions of this section, or of this act, or of any fact tending thereto; ami no person shall be excused from testifying as to any offense committed by another against any of the provisions of this act by reason of ti is testimony tending to criminate himself, but the testimony given by such person shall in no case be used against him. Skc. 7. It shall be unlawful for any person to Keep or have for personal use or otherwise, or to use, or permit another to have, keep or use, intoxi cating liquors at any restaurant, store, office build ing, club, place where soft drinks are soldfexccpt a drug store may have and sell alcohol and wi ne as provided by sections four and twenty-four), fruit-stand, news stand, room, or place where bow ling alleys, bl Hard or pool tables axe main tained, livery stables, public building, park, road, street or alley. It shall be unlaw ful for any per son to give or furnish to another intoxicating liq uors. An' one violating this section shall he guilty of a misdemeanor, and upon conviction thereof shall be fined not less than one hundred dollars, nor more than ore thousand dollars, and be imprisoned in the county jail not less than two nor more than twelve months; provided, that no common carrier, for hire, n r any other person, for hire or without hire, shall bring or carry into this state, or carry from one p'ace to another with in the state Intoxicating liquors for another, even when intended for personal use; except a common carrier may, for hire, carry pnre grain alcohol and wine and such preparations as may he sold by druggists for the special purposes and in the man ner as set fourth in sections four and twenty-four; and, provided, further, however, that in case of search and seizure, the finding of any liqnors shall be prima facie evidence that the same are being kept and stored for unlawful purposes. Bbc. 5. If any person shall advertise or give no lice by signs, bill-b*"1*. newspaper,, periodical*, or uiner* .so lor n,-mn or joiner Ui Uio saw or keeping lor ssiev ‘.qooib, or snail circulate or di.uibule anv piue-ii..., cicuiara or order blanks advertising nqm™ or puonaii any newspaper. »icaj. or uiner written or printed papers, ill wtU-“ Buch advertlssiuoiii or notices are given, or »'•“ permit any aucn notices, or any auvciuseiueuidl liquors (including bui boards) to be posted lie'll bis premises, or piemiaes under ms control or snail permit tue aame to so remain upon sucl premlaba, lie aliail be guilty ol a mla uemeauu and be lined uui less tnau one bunured nor nior' due luoosanu douses. ttac. S i^very justice ol tile peace and every didim* court, or tne judges tuereoi iu vacation, upon uloi luation mane under oath or exauiination that*n> person is nianuiacturlng, selling, uder luu. e. expoaiug, «vce**Ug o* storing ior saic or uio ur, ouuurary to iaw, any **quors, or that the atiian. uas cause to believe auu uoes believe that sucu iquors so Uiauuiacturad, Sold, oueied, *ept ur sureu lor saic or barter in any nouse, uunuiug, or oiacr pia>-e uaiueil therein, contrary to tue pro Vieii ns 111 lUis act, shai. issue a warrant requiring IU<- person suspecied to be brought belore mm lor elimination, or tne saiu bouse, nuuuing, or otner p; ce lu be seurened, and the parties lounu therein u be arrested and brought belore him as alore *ii*.d; uuU requiring tue othcer to whom it la di rected to summon such Wita* ssua as snail be there in named, or whose naui«.s are endorsed thereon to appear and give evidence on tUe examination, aud in tuo bun*e warrant shall require tne oideer to whom it is directed to seize auu Uoid all liquors lound tuereln, also vessels, bar dxtures, screens, lasses, bottles, jugs, an * other appurtenances ap parently used in iuc sale, seeping, or storing ol suen liquors contrary to law. fc»KC. 10. 11, upon eiAUUUAUUU oi suou pinuu, it snail appear lo sued justice, court or judge, tdat there is probable cause to believe dim guilty ol the offense cnaiged, tde accused iiliaii be re (juired to eater luto recognizance, wild sufficient securnies, in the sum ol uot less Ilian dye hun dred dollars, to appear before t..e district court ol tde oou**ty having jurisdiction to answer au in dictmeul *i ot*o be preferreu against dim; add up on dis failure to emer mto sued recognizance, tne justice, court or judge snail Commit mm to jail to answer sued indictment. All material witnesses shall also oe recognized wi*h or witnout sureties, as such justice, court or judge may deem proper, to appear before tbe district court auo give evidence against tno accused, and such justice, court or judge snail require the accused lo give bond With sufficient security in the euin oi live hundred dol lars conditioned that he will not violate any of the provisions ol this act during tne time inter vening between the da*e ol such bond and the date set 'or his appearance before said district court of me county; and upon his failure to give such bona, tne justice, court or juuge snail commit him lo Jail until such bend is given or until lie is dis charged therefrom by tlie district court of tde county. ate. 11. Whenever liquors shall be seized in any room, building or place wmch hss dten searched under the provisions ol this act, the add. mg oi such liquois in such room or of a govern ment license tuerem shall be prima facie evidence ol tne uniawl ui selling, ana seeping and storing lo* saie of th.- same by tl*e person, or persons, oc cupying such premises, or by any person named id any government license posted in sued room, oi dis associates, agents or employees thereunder, ajd tde piopr»etor or other persons id charge oi the premises where such liquor was louud, or whi is so named in sued government license, add hit associates, shall be subject to tiial by due procesi ol law on the charge ol selling or keeping or stor ing lor sale unlawf ully such liquor, under the in dicvmeni and form prescribed id section three ol this act, add upon dis conviction of selling, offer ing , storing, or exposing lor sale such liquor un lawfully, tne liquor lonnd upon said premises shall at once be publicly destroyed by some re ts po:- line person to be appointeu by the oourt. - bite. 12 11 in such house, building or place, as is herei libel ore mentioned, the sate, offering, stor ing or exposing lor st*c of liquors is earned Clandestinely, or in such manner tnat th**- person so selling, offering, exposing, Seeping or storing for sale, cannot be seen or identified by the officer or officers charge** with the execution of a warrant issued under sec lions ten and eleven of this act, any alien officer may, whenever it is necessary for the arrest- or identification of tfie person so offend ing, or tiie seizing of such liquor, break open and unit-r such house, building or place. — Sec. 13. The payment oi the special tax require! of liquor dealers by the United States by any pei •on. or persons other tnan druggists, within llie slate, shall be pnma iacie evidence that such per son, or persons, are engaged in Keeping aud sell l ag, oiiuting and exposing lor sale, liquors con trary to the laws ut this state, aud a certificate irom tne collector of interuai revenue, his agents, jierks or deputies, showing the payment of such tax, and ihe name or names of persons to whom issued, and the names oi the person or persons, if any, associated with the person to whom such tax receipt is issued, shall be sufficient evidence of the paymeut.ol such tax, and of the association oi such persons for the selling aud keeping, ofierinf and exposing for sale, liquors contrary lo the lawi oi this state, and a certificate from the collector of internal revenue, his agents, clerks or deputies, showing the payment of such tax, and the name or names of persons to whom issued, and the names of the person or persons, if any, associated with tne person to whom such tax receipt is issued, shall he sufficient evidence of the payment ol such tax, and of the association of such persons for the selling and keeping, offering and exposing for ■aie of liquors con rary to the provision* of this act in all trials or legal inquiries. Sue. 14. Ail houses, buildings, club rooms and places of every description, inciudi. .g drug stores where intoxicating liquors are manufactured, stored, sold or vended, given away, or furnished contrary to law (including those iu which clubs, orders or associations sell, barter, give away, dis tribute or dispense intoxicating liquors to their members, by any means or device whatever, as provided in section six of this act) shall be held, taken and deemed common and public nuisances. Aud any person who shall maintain, or shall aid or abet, or knowingly be associated with others iu liiaiutainihg such common and public nuisance, shall be guilty of a misdemeanor and upon convic tion thereof shall be punished by a line ol not less than one hundred nor more than one thousand dol lars, and by imprisonment in the county jail not less than thirty days nor more than twelve months for each offense, and judgment shall be given that such house, building or other place, or any room therein, be abated or closed up as a place for the sale or keeping of such liquors contrary to law, as the court may determine. Sec. 15. The Superintendent of the Nevada State Police shall be ex officio State (Jc in mission er of Prohibition. Wherever the word “commis sioner” is used in this aut, it shall mean and be taken to mean the State Commissioner of Prohibi tion. Sec. 10. It shall be the duty of the commission er, his deputies and agents, to superintend the eu forcemeat ol all provisions of this act, and of laws of this state affecting the manufacture, sale, keep ing, exposing or offering for sale, or giving or so liciting or receiving orders for liquors, or laws connected in any way with the liquor traffic, to diligently inform themselves of all violations of such laws and either make report thereof to the pros cuting attorney of the proper county who shall forthwith prosecute the same as provided by law, or Huid commissioner, hi agents or deputies, shall make complaint of any viorations of any such laws before the proper court or commlting justice, and conduct the prosecution thereof in any court in the state having jurisdiction of such matters; and for the purpose of enforcing such laws, the Bald commissioner, his agents aud deputies, shall have all the powers now vested in the sheriffs, their Deputies, and constables and police officers iu the state. Provided, that nothing in this act shall be construed to take from or to relieve any of the said officer from any duty imposed upon him by any statute of the shite. hzo. 17. The commissioner, his agents aud dep uties, and.thi attorney general, prosecuting attor ney, or any citizen of the county where such a nuisance as >s defined in section fourteen of this act exists, or is kept or maintained, may maintain a suit In equity in the name of the state to abate and perpetually enjoin the same, and courts of equity shall have jurisdiction thereof. The in junction shall bt granted at the commencement of the actiou and no bond shall be required. It shal not be necessary for the court to find that the premises involved were being unlawfully used as aforesaid at the time of the hearing but on finding that the material allegations of the bill are true, the court shall order that no liquors shall be sold, bartered, given away, distributed, dispensed or stored in such house, building, club room or other place, nor iu any part thereof, for a period of not to exceed one year in the discretion of the court from and after such finding, in case of a drug store; In other eases the order for abatement shall be perpetual, Any person violating me terms or any lniunctlon granted in proceedings hereunder shall be pun ished for oontewpt summarily by the court with out the impaneling of any jury to try the same, by a fine of not less than one hundred nor more than five hnndre . dollars, and by imprisodment In the county jail not less than thirty days nor more than six months, in the discretion of the court or judge thereof in vacation. In case de cree is rendered in favor of the plaintiff iu any ac tion brought under the provisions of this section, the court e teriug the same shall also enterdecree for a reasonable attorney’s fee in such action in favor ot the plaintiff against the defendants there, in. which attorney’s fee shall be taxed and collect ed as other costB therein, and when collected paid to the attorney, or attorneys of the plaintiff there in. Heo. 18. In addition to the penalties prescribed for violation of any of the provisions of sections two to sixteen, inclusive, of this act, the court may in its d* cretion when such conviction is had, require the defendant to execute bond with good security to be approved by the court or clerk thereof, in the penalty of one thousand dollars, conditioned not to violate any cf the provisions of any of said sections for the term of two years, and in default of such bond may commit the defendant to jail for said term of two years, unless such bond be sooner given. Skc. 10. Ail express companies, railroad com panies and transportation companies within tins state are hereby Required to keep books in which shall be entered immediately upou receipt thereof the name of every person to whom liquors are shipped; the amount and kind received; tne date wneu delivered, and by whom, and to whom de liverer!; after which record shall be a blank apace, in which tne consignee snail be required to sign his name in person to such record, which book suail be open to toe inspection of any state, coun ty or municipal officer of mis state, at a^y time during business hours of the company, except mat in the absence or sickness of a duly licensed druggist, uaving authority to sei* pute gialu alco hol and wine lor tne purposes prescribed by law, a . registered pharmacist in the employ ol sneu drug gist, duty designated by such druggist, in wilting pe.sucaiij signed hy him, to the agent of the trans portation company, uisy sign such druggist's name to the record of snipinenls ol aicuhoi for medicinal, pharmaceutical, scientific and mechan ical purposes, or wine lor sacramental purposes to religious bodies, sUcb registered pharmacist being requieea to write immediately beneath such drug glut's name his own name and hie connection with su..h druggist. Such books snail constitute prima iacie evidence ol the facts therein stateu, and be admtssanie as evidence iu any court iu this statt having jurisdiction, or in any manner empowered with tlie enlargement of the provisions ol tins act. Any employee or agent of any express, railroad company or transportation company knowing*} failing or ret using to comply wi.h tne provision, oi tniB section, snail be guilty oi a misuemeanoi ana punished by a hue ol not less than liity not more than one thousand dollars, and may be im prisoned in the county jail not less than thirty Ua}s nor more than twelve months. Provided, iiuwever. that nothintr herein contained shall per aill, or i>e construed as permitting or authorizing, any common carrier or transportation company to tiring or carry into tins stale, or carry from one piace to anoinor within the state, intoxicating liquors lor another, even when intended for per sonal use, other than puie gram alcohol and wine, and suen preparations lor uruggiats as may be sola by them lor special purposes auu the manner set forih in sections lour and twenty-lour. Sec. 20. Any citizen or organization within this stale may employ an attorney to ussist the prose cuting attorney to perl oral his duties under this act, auu such attorney shall be recognized by the piosecutihg attorn- y and the court as associate counsel in the proceeding*-; and no protecution shall be uismisseu over the objection ol such as sociate counsel umli the reasons ol suen piosecut iug attorney lor such dismissal, together with the objections thereof ol suen associate counsel, shail have been tiled in writing, argued by counsel auu tuiiy considered by the court. bec. 21. 1 he prosecutin* attorney of any coun ty, with the approval of tne governor, or of the court of the county vested with authority to try criminal offenses, or of the judge thereoi in vaca tion, may, within his discretion, offer rewards loi the apprehension of persons chaiged with crime, or may expend money lor the detection ol crime. Any money expeuued under this section shall, when approved by the prosecuting attorney, be paid out ol the county luiiu in the same manlier as oilier county expenses are paid. BaC. 22. in all cases arising uuder this statute she slate hall have the right to appeal. Bkc. 23. ihe entire act shall be deemed ah exer cise ol the police powers o! the slate lor the pro tection ol puollc health, peace and morals, aud all ol its provisions shall be iiueraliy construed lor the attainment of that purpose. Bec. 24. Ail acts and part of acts, so far as in conflict with this act, are Lereoy repealed. Bec. 25. If any corporation or association shall violate any of ihp provisions of this act, any offi cer, agent, or employee thereof acting lontln au> such unlawful act, or authorizing the same to be done, shall be personally guilty thereoi the same as though such officer, agent, or employee himsell had committed the offense, and shail J>e aubjejJV to allot the hues, penalties, and ‘n '* therefore., bk/\ •’? '* ’ll any state, county, district or muni cipal officer, or any municipal police, shah fail, refuse or neglect lo discharge any duty imposed upon him by law, prohibiting the manufacture, sale, keeping and atoriug lor sale of intoxicating iiquois, he shail he removed from office in the manner provided in this suctiou. Buch removal shall be made by the district court of the county wherein such officer resides. The charges against any such officer shall be reduced to writing, and entered ol record by the court, auu a summous shall thereupon be issued by the clerk of such court, containing a copy of the charges, aud re quiring the officer named therein to app< ar and answer the same as in other civil actions, which summons may be served in the same manner as a summons lu civil action, and the service must be made at least live days before the return day thereoi. And the court itself shail, without a jury, hear the charges, and upon satisfactory prool thereof, remove any such officer from the discharge of the duties of his office, and place the records, papers and property ot his office in the possession ol some other officer or person lor safekeeping un til the vacancy is tided. Any vacancy created un aer i,nib section snau ue nuea in me manner re quired by law as to county and oistrict officers, and iu the manner prescribed by the ordinances of the municipality. Any citizen of the county, dis trict or municipality, as the case may be, or the commissioner of probition, may preler and pruse cute to final judgment charges for removal against any of the officers, including municipal police, mentioned In this section. The word “officer,” as used herein, shall include and embrace muni cipal police. Either party shall have the right 01 appeal to tne supitme court of the state from the judgment oi the district court. Slc. 27. Whenever it shall appear to any dis trict court before which is pending any charge for an offense under this act, that the state cannot have a fair and impartial trial by jury in the county where such action is pending, the court shall enter an order to that effect, and shall order that such cause be transferred to some other dis trict court iu this state to be selectej by the judge ordering such transfer; and the trial of such cause shall proceed before the court to which it is so transferred the same as is now provided in cases of change of venue. Skc. 28. Justices of the peace shall have con current jurisdiction with the dlstriot court for the trial oftirst offenses arising under this act; pro vided, that the district attorney or the commis sioner, or any of his deputies, shall have the right before trial to elect whether the ca-e shall be tried and judgement entered, or whether the justice shall hold a preliminary hearing to determine whether the accused i-hall be held to the district court; provided, further, that if the defendant shall plead guilty, the justice -hall enter judgment on the charge. Justices of the peace shall not im pose a fine greater than five hundred dollars nor imprisonment in the county jail longer than six months. The justice shall certify to the district attorney a transcript from his docket of the judg ment in the case and a copy of ail bonds given bj the defendant. Whenever the district attorney shall appear for the *tate in any prosecution be fore a justice’s court for an offense under this act, there shall be allowed aud taxed as a part of the costs taxable against the defendant, an attorney’s fee of ten dollars. The state shall have the same right as the defendant to an appeal from the judg ment of the justice. Any transcript of*a judgment, so certified by a justice of the peace shall Inad missible evidence upon the trial of the accused for second offense under this act. Sbc. 29. Any person cslled on behalf of the state to testify concerning any violations of this act, who shall give freely and truthfully any testi mony tending iu any way to incriminate himself, shall be immune from prosecution under this act. Skc, 30, It shall be unlawful for any person in this state to receive, directly or indirectly, intoxi cating liquors from a common, or other carrier. It shall also be unlawful for any p. rson in this state to possess intoxicating liquors, received di leetly or indirectly from a common, or other carrier in this state. This section shall apply to such liquors intended for personal use, as well as otherwise, and no interstate, as well &s Intrastate, shipments or carriage. Any person violating this section shall be guilty of a misdemeanor and upon conviction shall be fined not less than one huhdred dollars nor more than one thousand dollars, and in addition thereto may be imprisoned in the county jail not mure than twelve months; pro vided, however, that druggists may receive and possess pure grain alcohol, wine and such prepar ations as may be sold by druggists for the special purpose and in the manner as set forth in section four. j ————— 1, R. McCbarles, the duly elected, qualified and acting County Clerk of the County of Euieka, State of Nevada, do hereby certify that the foregoing is a true, full and correct copy of the original as cer tified to me by the Secretary of State. It. McCHARLES, County Clerk. To be published October 6, 1918, October 12, 1918, October 26,1918. Classified Advertisements LOST—A1 father suit case was recently lost while on a trip from Huntingtou Valley through Newark Valley by Manuel Oscoz. It contained clothing and papers valuable only to the owner. A reward of ten dollars will be paid for its return to the Eureka Cash Store at Eureka, Nevada. NOTARY PUBLIC I have been commissioned a Notary Public in and for Eureka County, Nevada, and will promptly attend to all Notary business of fered. Office in Sentinel building, Eureka. MRS. E. A. SKILLMAN. Water Notice Notice of Application for Permission to Ap propriate the Public Watari of the State of Nevada Application No. 5261. Notice is hereby given that on the 27th day of September, 1918, in accordance with Section 59, Chapter 140, of the Statutes of 1913, one Angelo Florio, of Eureka, County of Eu reka, and State of Nevada, made application to the State Engineer of Nevada lor permis sion to appropriate the public waters of the State of Nevada. Such appropriation is to he made from Broy Spring, Eureka County, Nevada, at a point about 1500 feet South of Secret Canyon and about 3J miles South of Eureka, Nevada, on unsurveyed land. Ap proximately in the NE£ NEJ, Sec. 14, T. 18 N„ R 53 E., M. D. B. & M., by means of tunnels and pipes, and one-half miner’s inch is to be conveyed to approximately NE|NE}, Sec. 14, T. 18 N., R. 53 E„ M. D. B. & M., Unsurveyed land, by means of pipes, and troughs, and there used for stock watering and domestio purposes. Water not to be returned to stream. Signed: SEYMOUR CASE, State Engineer. Date of first publication Oct. 26, 1918. Date of last publication Nov. 23, 1918. Notice for Publication 03542 Elko, Nevada, Land Office, October 16th, 1918. Notice is hereby given that Flora 1). Ho bart, of Beowawe, County of Eureka, State of Nevada, has filed in this office her application to enter, under the provisions of Section 2306 or 2307, Revised Statutes of the Unsted States, the following described land, viz: The Northwest Quarter of Southwest Quar ter (N WJSWJ),) of Section Thirty-three (33), Township Twenty-seven (27) North, Range Foity-eight (48) East, M. t). B. & M., con taining Forty (40) Acres. _ Any and all persons claiming adversely the lands described, or desiring to object, because of the mineral character of the land, or for any other reason, to the disposal to applicant, should file their affidavits of protest in this office, on or before the 30th day of November 1918. T . John E. Robbins, Register. First publication Oct. 26, 1918. Last publication N ov. 30, 1918. PROFESSIONAL CARDS. EDNA C. PLUMMER Attorney at Law Office in Courthouse 1 Eareka - Nevada^ •_ I Beatific Lodge No. 7, K. of P. Meets every Tuesday evening at its Oastlt Hall on North Main street, at 7 o’clock from October 1 to Maroh 31, and at 7:3C o’olook from April 1 to September 30. All Brother Knights in good standing are fraternally invited to attend. J. B. Ventorino, C. C. Attest: D. E. Nostros A K. of R. * S. Stockgrowers and Ranchers’ Bank OF RENO, NEVADA Capital, (fully paid) $100,000.00 We transact a general banking business. Allow interest on savings deposits at the rate of 4% per annum. We solicitjyour business. Fishing and Hunting Notice Notice is hereby given that all persons in Eureka County are warned against killing game or fishing out of season, or fishing or hunting in Eureka County without a license therefor. The new Fish and Game law makes it the duty of the Deputy County Fish and Game Warden to enforce and cause the prosecution of any violation of the Act, and as such offi cer I give public notice that no favoritism will ne shown. MARTIN MAHONEY, Deputy Fish and Game Warden of Eurek. County. Eureka, Nevada, May 12, 1917. ORE SAMPLE ENVELOPES Strong, metal-clasped Manila Envel opes suitable for sending ore samples and small machinery parts through the mails, for sale at the Skotinbl office. WATER NOTICE Notice of Application for Permission to i propriate the Public Water* of the State of Nevada Application No. 5159. Notice is hereby given that on the 18th ( of July, 1918, in accordance with Section Chapter 140, of the Statutes of 1913, , Clement Maggini, of Eureka, County of ] reka, and State of Nevada, made applicat to the State Engineer of Nevada for pern Sion to appropriate the public waters of i State of Nevada. Such appropriation is be made from Monroe Spring No. 1, wh when surveyed will be in 3W1 of SE+ a 13, T. 22 N., R. 54 E , M. D. B. & M.,’ at point near the spring in SE$ of SEE Sec T. 22 N., R. 54 E., M. L>. B & M., by mef of development, and three-tenths cubic f per second is to be conveyed to SEi of SI Sec. 13, T. 22 N., R. 54 E , M. D. B. & j by means of pipes, and troughs, and tin used for stock watering purposes. Water i to be returned to stream. Signed: SEYMOUR CASE, State Engineer, Date of first publication Sept. 28, 1918. Date of last publication Oct. 26, 1918. Water Notice Notice of Application for Permission to A propriate the Public Waters of the State of Nevada Application No. 5160. Notice is hereby given that on the 18th cl of July, 1918, in accordance with Sectiou ! Chapter 140, of the Statutes of 1913, n Clement Maggini, of Eureka, County of K reka, and State of Nevada, made applicati to the State Engineer of Nevada for perm sion to appropriate the public waters of t State of Nevada. Such appropriation is to made from Unnamed Spring, (Maggini No. Unsurveyed ground, which when survey will be included in NE| of 8EJ, Sec. 12, ' 22 N„ R. 54 E., M. B. D. & M., at a p„i. near the spring in NEi of SEE Sec. 12, T. N„ R. 54 E., M. D. B. & M., by means 1 development, and thrte-tenths cubic feet p second is to be conveyed to approximate NEi of SEi, Sec. 12, T. 22 N„ R. 54 E„ 5 D. B. St, M., by means of pipes, and trough and there used for stock watering purpose Water not to be returned to stream. Signed SE YMOUIi CASE, State Engineer. Date of first publication Sept. 28, 1918. Date of last publicrtion Oct. 26. 1918. WATER NOTICE Notice of Application for Permission to A propriate the Public Waters of the State of Nevada Application No. 5250. Notin'' is-hetcby "?v»r on the 20th of September, 1918, in accoruauee wit,-. Se tion 59, Chapter 140, of the Statutes of 191 one Clement Maggini, of Eureka, County Eureka, and State of Nevada, made applit tion to the State Engineer of Nevada for p< mission to appropriate the public waters the State of Nevada. Such appropriation to be made from Monroe Spring No. 2, un.-i veyed ground, which when surveyed will be NEi of NWJ, Sec. 24, T. 22 N„ R. 54 E., 5 D. B. A, M., at a point near the spring in NJ of NWi, Sec. 24, T. 22 N., R. 54 E., M. B. AM., by means of development, and tin < tenths cubic foot per second is to be convey to approximately NE 1-4 SVV' 1-4, Sec. 24, 22 N„ R. 54 E., M. D. B. & M., unsurveyf by means of pipes, and troughs, and tin used for stock watering purposes. Water i] to be returned to stream. Signed: SEY’MOUR CASE, State Engine! Date of first publication Sept. 28, 1918. 1 Date of last publication Oct. 26, 1918. Water Notice Notioe of Application for Permission to A; propriate the Public Waters of the State of Nevada Application No. 5251. Notice is hereby given that on the 20th da of September, 1918, in accordance with tie tion 59, Chapter 140, of the Statutes of 1911 one Clement Maggini, of Eureka, County < Eureka, aud State of Nevada, made applic: tion to the State Engineer of Nevada for pe mission to appropriate the public waters of til State of Nevada. Such appropriation is t be made from Unnamed Spring, (Maggii No. 2) unsurveyed ground, which when su veyed will be included in SE 1-4 SW 1-4, Sei 12, T, 22 N., R. 54 E„ M. D. B. and M., at point near the spring in SE 1-4 of SW l-i -Sec. 12, T. 22 N., R. 54 E., M. I). B. and M by means of development, aud three-tenth cubic foot per second is to be conveyed to a; proximately SE 1-4 SW 1-4, Sec. 12, T. 22N R. 54 E., M. 1). B. and M., unsurveyed, b means of pipes and troughs, and there used fu stock watering purposes. Water not to be n turned to stream. Signed: SEYMOUR CASE, State Engineer Date of first publication Sept. 28, 1918, Date of last publication Oct. 26, 1918. Notice To the Pubiic Complaints have been made to this offic and to the Board of County Commissioner against the permission and existence of cer tain nuisances within the town of Eureka and particularly on the ditch on Spring ani Buel streets, and owing to the danger to healtl thereby, the prevalence of disease* at present and the necessity of cleanliness as a preven live therefor, and at the request of the Coun ty Commissioners— Notice is hereby given that the dumping o throwing of garbage, rubbish, tin cans,^ etc. into, at or near the ditch on Buel and Sprinj streets, within the limits of the town of Eu reka, is, under the laws of the Stete of Neva da, a public nuisance, and punishable as i misdemeanor; and that any further offense » this kind will subject the person or persons si offending to prosecution, and to the paymen of all costs and damages caused by such acts including the costs of removing or abatinj such nuisance. JAMES MACKEY Sheriff of Eureka County, Nevada. Dated at Eureka, Nevada, this 11th day o January, 1918. Miixxle Your Dog Notice is hereby given that after Monday, December 10, 1917, all dogs running at large in Eureka County without muzzles on that will prevent them from biting any person, will be killed without further notice. This action is taken at this time be cause of the known existence of rabies in this section, the head of a dog examined by the Nevada Univer sity this week having been pro nounced rabid. JAMES MACKEY, Shoriff of Eureka County, Nevada. Eureka, Nevada, Decembers, 1917. MINING TAX Notice is hereby given that the taxes °n proceeds of the mines of Eureka County the quarter ending June 90, 191„ now due and payable to meat my office in reka and the law in regard t» the "a™?"1 ■triotly enforced. W. J. HOOPEH. Aseeeaor of Eureka County. Nevada.