Carson City daily appeal. [volume], October 16, 1918, Image 3

About Carson City daily appeal. [volume] (Carson City, Nev.) 1907-1930

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CARSON CITY DAILY APPEAL, WEDNESDAY, OCTOBER 16, 1918
INITIATIVE PETITION
domestic consumption, wine or cider;
or to prevent the manufacture from
fruit grown exclusively within this
of, or shall knowingly make any false
statement in such affidavit, he shall be
guilty of a misdemeanor and upon con
ASSEMBLY BILL NO. 1
INTRODUCED BY INITIATIVE
PETITION
January 18, 1917
Initiative Petition filed in the office of
the Secretary of State of the State
of Nevada, December 15, 1916, and
subscribed by 7,802 qualified electors
of the State of Nevada, said number
being more than ten per centum of
the qualified electors of the State of
Nevada.
January 18, 1917 Rules suspended,
reading so far had considered first
reading, rules further suspended,
read second time by title, and refer
red to Committe on Judiciary.
January 30, 1917 The Committee on
Engrossment hereby certifies that
bound copy of Assembly Bill No. 1
hereto attached is a correct copy of
the triplicate thereof in its posses
sion. ALEX L. TANNAHILL,
Chairman of Engrossment Committee.
Tamiarv 31. 1917 Reported back from
Committee on Judiciary unfavorably,
for the reason that it is the opinion
of Judiciary Committee that the peo
ple of the State of Nevada should
vote directly on this issue.
January 31, 1917 Rules suspended, bill
engrossed, placed on third reading
and final passage, and lost by the
following vote: Yeas 5, nays 31, ab
sent 1.
Transmitted to Secretary of State Jan
uary 31, 1917.
H. W. EDWARDS,
Chief Clerk.
Sent to Senate February 5, 1917.
Rejected by Senate February 8, 1917.
(Extract from Senate Journal, Twenty-eighth
Session, Twenty-fifth Day,
Thursday, February 8, 1917, page 63
of printed book.)
AN ACT
TO PROHIBIT THE MANUFAC
TURE, SALE, KEEPING FOR
SALE, AND GIFT, OF MALT,
VINOUS AND SPIRITUOUS LIQ
UORS, AND OTHER INTOXI
CATING DRINKS, FIXTURES
OR PREPARATIONS; MAKING
THE SUPERINTENDENT OF
THE NEVADA STATE POLICE
FX OFFICIO COMMISSIONER
OF PROHIBITION. AND DEFIN
ING HIS DUTIES; AND PRO
VIDING FOR THE ENFORCE
MENT OF THIS ACT, AND
PRESCRIBING PENALTIES FOR
THE VIOLATION THEREOF.
The People of the State of Nevada do
enact as follows:
SECTION 1. The word "liquors
as used in this act shall he construed
to embrace all malt, vinous or spirituals
honors, wine, porter, ale, beer or any
other intoxicating drink, mixture or
preparation of like nature: and all malt
or brewed drinks, whether intoxicating
or not, shall be deemed malt liquors
within the meaning of this act; and all
1imids. mixtures or preparation
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 'liq
uors." as hereinafter used in this act.
Sec. 2. Except as hereinafter pro
vided, the manufacture, sale, keeping
or storing for sale in this state, or of
fering or exposing for sale of liquors
fr absinthe or any drink compounded
with absinthe are "forever prohibited in
tliis state, except liquors manufactured
prior to fuly first, one thousand nine
hundred and sixteen, and stored in
United States bonded warehouses in
the custody of the . United States col
lector of internal revenue, and the said
liquors when tax paid and in transit
from such warehouses to points outside
of this state.
Sec. 3. Except as hereinafter pro
vided, if any person acting for himself,
or for, or through another, shall man
ufacture or sell or keep, store, offer or
expose for sale: or solicit or receive
orders for any liquors, or absinthe or
any drink compounded with absinthe,
be shall be deemed euiltv of a misde-
demeanor for the first offense hereun
der and upon conviction thereof shall
be fined not less than one hundred dol
lars nor more than one thousand dol
lars, and imprisoned in the county jail
not less than two nor more than twelve
months, and upon conviction ot the
same person for the second offense un
der this act, he shall be guilty of a fel-
imv and be confined in the penitentiary
not less than one nor more than five
years; and it shall be the duty of the
prosecuting attorney in all cases to as
certain whether or not the charge made
is the first or second offense; and if it
be a second offense, it shall be so stat
ed in the information or indictment re
turned, and the prosecuting attorney
shall introduce the record evidence be
fore the trial court of said second of
fense, and shall not be permitted to
use his discretion in charging said sec
ond offense, or in introducing evidence
and proving the same on the trial
ami anv person, except a common car
.I -.cut. who shall act as the agent or em-
b ,itoyee of such manufacturer or such
seller, or person so Keeping, storing,
offering or exposing for sale said liq
uors, or act as the agent or emplove o
the purchaser of such liquors, shall be
deemed guilty of such manufacturing
or selling, keeping, storing, offering or
exposing for sale, as the case mav be
and in case of a sale in which a ship
mcnt or delivery of such liquors is
state of vinegar and nonintoxicating ; viction be punished by a fine of not
cider for use or sale ; or to prevent the I less than one hundred nor more than
manufacture and sale at wholesale to j one thousand dollars, and be confined
druggists only of pure grain alcohol for I in the county jail not less than two nor
medicinal, pharmaceutical. scientific ' more than twelve months for the first
and mechanical purposes, or wine for
sacramental purposes by religious Ind
ies; or to prevent the sale and keeping
and storing for sale by druggists of
pure grain alcohol for mechanical,
pharmaceutical, medicinal and scientific
purposes, or of wine for sacramental
purposes, by religious bodies, or any
United States pharmacopoeia or na
tional formula preparation in confom
ity with the Nevada pharmacy law, or
any preparation which is exempted by
the provisions of the national pure food
law, and the sale of which does not re
quire the payment of a United States
liquor dealer's tax. But no druggist
shall sell any such grain alcohol ex
cept for medicinal, scientific, pharma-
offense hereunder; and for the second
offense he shall be deemed guilty , of a
felony and punished by confinement in
the penitentiary not less than one nor
more than five years.
And if any physician who is not in
good standing in his profession or who
is of intemperate habits, or who is ad
dicted to the use of any narcotic drug,
shall issue any such prescription as is
mentioned in the last preceding sec
tion; or if any physician shall issue
such prescription without, at the time,
making a personal examination of the
person for whom the liquor is pre
scribed, or shall prescribe for any per
son who is in the habit of drinking to
intoxication and whom he knows, or
ing of such liquors contrary to law. , ctuion thereof in any court in the state
. - , - . r ! 1 - 1 . . - f 1 . .
ceutical and mechanical purposes, or has reason to believe is in the habit of
wine for sacramental purposes, except ! drinking to intoxication or shall give
as hereinafter provided, and the same ' such prescription and make the state
shall not be sold by such druggist for : merits therein required, or any part
medicinal purposes, except upon a writ-' thereof, falsely, he shall be deemed
ten prescription of a physician of good j guilty of a misdemeanor and upon con
standing in his profession and not of j viction thereof shall be fined not less
intemperate habits, or addicted to the j than one hundred nor more than one
use of any narcotic drug, prescribing i thousand dollars and imprisoned in
the amount of alcohol, the disease or the county jail not less than thirty days
malady tor which it is prescribed, and 1 nor more than twelve months, and in
how it is to be used, the name of the i addition thereto, for the first offense
person for whom prescribed, the num- under this statute, the court may, in its
her of previous prescriptions given bv discretion, suspend the license of such
, , - . , , ..i ::.. r r :. . .!.
sucn pnysician to sucn person wumn jmytician ioi a pei iou oi m.x momns
and tor each ottense thereafter the
Sec. 10. If. upon examination of
such person, it shall appear to such
justice, court or judge, that there is
probable cause to believe him guilty of
the offense charged, the accused shall
be required to enter into recognizance,
with sufficient securities, in the sum of
not less than five hundred dollars, to
appear before the district court of the
county having jurisdiction, to answer
an indictment if one be preferred
against him; and upon his failure to
enter into such recognizance, the jus
tice, court or judge shall commit him
to jail to answer such indictment. All
material witnesses shall also be recog
nized with or without sureties, as such
justice, court or judge may deem prop
er, to appear before the district court
and give evidence against the accused,
and such justice, court or judge shall
require the accused to give bond with
sufficient security in the sum of five
hundred dollars conditioned that he
will not violate any of the provisions of
this act during the time intervening
between the date of such lond and the
date set for his appearance before said
district court of the county; and upon
his failure to give such bond, the jus
tice, court or judge shall commit him
to jail until such bond is given or un
til he is discharged therefrom by the
district court of the county.
Sec. 11. Whenever liquors shall be
seized in any room, building or place
which has been searched under the
provisions of this act. the finding of
such liquors in such room or of a gov
ernment license therein shall be prima
facie evidence ot the unlawful selling.
court shall suspend such license for aland keeping and storing for sale of the
period of six months. I same by the person, or persons, occupy-
Sec. 6. Every person who shall di- ,nR suc." premises, or by any person
recti v or indirectly keep or maintain named in any government license post
by himself or by associating with oth- e1 111 s"cn r,,orn- or hls associates.
agems or employees inereuncier. ami
the proprietor or other persons
in charge of the premises where
such liquor was found, or who is
the year next preceding the date of
such prescription, and stating that the
ame is absolutely necessary for medi
cine, and not to be used as a beverage.
ind that such physician, at the time
inch prescription was given, made a
personal examination ot such person, ers. or who shall in any manner aid.
ind that such per- n is known to such ! assist or abet in keeping or maintain
physician to be of temperate habits and ing any club house, or other place in
lot addicted to the use of anv narcotic I u-hteli anv linnor is rereived nr kent
irug. and only one sale shall be made j f,,r the purpose of use, gift, barter or !" nameu in sucn government license,
upon such prescription, ar.d such pre- 1 sold as a beverage, or for distribution an.l llIS associates, shall be subject to
icription shall be at all times kept on ' or division among the members of anv trial h-v due process of law on the
file by such druggist and open to the ; club or association . bv any means charge of selling or keeping or storing
inspection if all state, county and mu- ! whatsoever ; and every person who f"r sa,e unlawfully such liquor, under
licipal officers. It shall be the duty of ' shall use. barter, sell or give awav, or the .indictment and form prescribed in
such druggist to register in a book kept assist or abet in bartering, selling or section three of this act. and upon his
for that purpose all prescriptions from giving awav anv liquors so received or conviction of selling, offering, storing,
physicians mentioned in this section, kept, shall "be deemed guiltv of a mis- or exposing for sale such liquor tinlaw
stating the name of the party for whom demeanor and upon conviction thereof fully, the liquor found upon said prem
orescribed. the date of the prescription, 1 be punished bv fine of not less than ,ses s,la11 at once ,,e. publicly destroy
.he name of the physician by whom the ' one hundred nor more than one thous- C(' '' some responsible person to be
prescription is issued, the quantity of and dollars and by imprisonment in appointed by the court,
such alcohol and the use for which pre- the county jail not less than thirty days Sec. 12. If in such house, building
scribed, and such record shall at all nor more than twelve months; and in or place, as is hereinbefore mentioned,
times be open to the same inspection as sail cases the members, shareholders or the sale, offering, storing or exposing
such prescriptions. j associates in any club or association for sale of liquors is carried on clan
It shall be lawful for a druggist to mentioned in this section, shall be destinely. or in such manner that the
sell grain alcohol for pharmaceutical. 1 competent witness to prove any viola- person so selling, offering, exposing,
scientific and mechanical purposes, or tiotis of the provisions of this section, keeping or storing for sale, cannot be
wine for sacramental purposes by relig- or of this act. or of any fact tending seen or identified by the officer or of
ious bodies, only to any person, not a 'thereto; and no person shall be excused ficers charged with the execution of a
minor, and who is not of intemperate from testifvintr as to anv offense com- warrant issued under sections ten and
habits, or addicted to the use of narcot- mitted by another against any of the eleven of this act. any such officer may, i
ic drugs, who shall, at the time and provisions of this act by reason of his whenever it is necessary for the arrest
place of such xale. make an affidavit in testimony tending to criminate himself, or identification of the person so' of-
writing signed by himself before such but the testimony given by such person fending, or the seizing of such liquor,
druggist or a registered pharmacist at shall in no case be used against him. break open and enter such house, build-
ihe time and place in the employ of such j Sec. 7. It shall be unlawful for any ing or place.
druggist, stating the quantity and the person to keep or have for personal Sec. 13. The payment of the special
time and place and fully for what pur-j use or otherwise, or to use, or permit tax required of liquor dealers by the
jx.se and by whom such alcohol or wine another to have, keep or use, intoxi- United States by any person, or per
is to be used: that affiant is not of eating liquors at any restaurant, store, sons other than druggists, within the
intemperate habits or addicted to the office building, club, place where soft state, shall be prima facie evidence that
use of any narcotic drug ; and that such drinks are sold (except a drug store such person, or persons, are engaged
alcohol or wine is not to be used as a ' may have and sell alcohol and wine as in keeping and selling, offering and ex
beverage, or for any purpose other than provided by sections four and twenty- posjng for sale, liquors contrary to the
that stated in such affidavit. Such affi- four), fruit-stands, news-stand, room, laws of this state, and a certificate from
davit shall be filed and preserved by or place where bowling alleys, billiard the collector of internal revenue, .his
such druggist and be subject to inspec- ' or pool tables are maintained, livery agents, clerks or deputies, showing the
rum at all times hy any state, county or stable, public building, park, road, payment ot such tax, and the name or
municipal officer, and a record threof street or alley. It shall be unlawful names of persons to whom issued, and
made by such druggist in the record for any person to give or furnish to the names of the person or persons, if
ook mentioned in tins section, show- another intoxicating liquors. Anv one 1 anv. associated with the person to
ing the date of the affidavit, by whom violating this section shall be guiltv whom such tax receipt is issued, shall
made, the quantity of such alcohol, or of a misdemeanor, and upon conviction be sufficient evidence of the payment
wine, and when, where, for what pur- thereof shall be fined not less tlian one of such tax, and of the association of
pose, and by whom to be used. Only '.hundred dollars, nor more than one such persons for the selling and keep-
Hie sale shall he made upon such am- thousand dollars, and be imprisoned in ing. offering and exposing for sale, liq-
lavit, and only in the county where the the county lail not less than two nor mrs contrary to the laws of this state.
same is made, and no greater quantity more than twelve months; provided, and a certificate from the collector of
ban is therein specified. 1'or the pur- . that no common carrier, for hire, nor I internal revenue, his agents, clerks or
pose ot this act. any druggist or regis- any other person, for hire or without deputies, showing the payment of such
iered pharmacist making such sale shall hire, shall bring or carry into this tax. and the name or names of per-
lave authority to administer such oath, state, or carry trom one place sons to whom issued, and the
If any druggist, owner of a drug to another within the state, in-j names of the person or persons,
store, registered pharmacist, clerk, or toxicating liquors for another, it any, associated with the person
mnloyee shall upon such prescription even when intended tor personal use; to whom such tax receipt is issued.
or affidavit, or otherwise, knowingly except a common carrier may, for hire, shall be sufficient evidence of the pay-
sell or give any such alcohol or wine carry pure gram alcohol and wine, and mcnt ot such tax, and ot the association
to any person "who is of intemperate such jireparatioiis as may be sold by of such persons for the selling and
habits or addicted to the use of anv druggists for the special purposes and keeping, offering and exposing for sale
narcotic drug, or knowingly sell or give m the manner as set forth in sections of liquors contrary to the provisions of
ihe same to any one to be used for any four and twenty-four: and, provided, this act in all trials or legal inquiries,
purpose other "than that named in said further, however, that in case of search Sec. 14. All houses, buildings, club
tnidavit or prescription, or who shall at,d seizure, the finding ot any liquors J rooms and places ot every description,
sell or give away any liquors without shall be prima facie evidence that the including drug stores, where intoxicat-
such affidavit or prescription, he shall same are heing kept and stored tor tin-1 ing liquors are manufactured, stored.
e deemed guiltv ot a misdemeanor and lawful purposes. Isold or vended, given away, or turnish-
smnished by fine of not less than one' Sec. 8. If any person shall advertise t-d contrary to law (including those in
hundred nor more than one thousand or give notice bv signs, bill-board, which clubs, orders or associations
dollars and confined in the county jail newspapers, periodicals," or otherwise se"- barter, give away, distribute or
not less than thirty days nor more than for himself or another of the sale or dispense intoxicating liquors to their
welve months. In "any prosecution keeping for sale of liquors, or shall members, by any means or device vyhat-
igainst a druggist, owner of a drug circulate or distribute anv price-list. tver. as provided in section six of this
store, registered pharmacist, clerk or circulars or order blanks advertising act) shall be held, taken and deemed
employee, for selling or giving liquor liquors or publish any newspaper, mag- common and public nuisances. And any
.-ontrary to law, if a sale or gift be azine, periodical, or other written or person who shall maintain, or shall aid
iroven, it shall be presumed that the printed papers, in which such adver- "r a',et- nr knowingly be associated
same was unlawful in the absence of tisement or notices are given, or shall vv,l'i others in maintaining such corn
satisfactory proof to the contrary and permit any such notices, or any ad- m"n anfl public nuisance, shall be guil
:lic presentation of such prescription or vertisement of liquors (including bill- ' of a misdemeanor and upon convie
iffidavit by the defendant at the time boards) to be posted upon his prem- thereof shall be punished by a fine
A the trial for such sale or gift, shall ises. or premises under his control, or of not less than one hundred nor more
be sufficient to rebut the presumption shall permit the same to so remain upon than one thousand dollars, and by lm
lrising from the proof of such sale or such premises, he shall be guilty of a prisonment in the county jail not less
Tfift. Provided, the jury shall believe, misdemeanor and be fined not less than lian thirty days nor more than twelve
from all the evidence in the case, that one hundred nor more than one thous- months for each offense, and judgment
such sale or gift was made in irood and dollars. shall be given that such house, build-
faith under the belief that such pre- ..r Q Werv ictir( r,f th .J ing or other place, or any room therein
scription or affidavit and statements aIKi evcrv district court, or the judges
therein were true; and, provided fur- thereof in vacation, upon information
ther, that such druggist, owner of a madc under oath or examination that
drug store, registered pharmacist, clerk anv person is manufacturing, selling,
or employee shall have complied with offering, or exposing, keeping or stor-
all other provisions of this act relating ing for sale or barter, contrary to law,
to the sale or gift. , anv liquors, or that the affiant has
An information, indictment, or crim- cause to believe and does believe that
inal complaint against any druggist, snch liquors so manufactured, sold, of
I registered pharmacist, clerk
iployee for an offense committed under jn an'v house, building, or other place
made by a common, or other carrier
ihe sale thereof shall be deemed to be
made in the county wherein the deliv-jthe provisions of this section, shall be named therein, contrary to the provis
ery tnereoi is maue uy mich carrier to
the consignee, his agent or employee
As information, indictment or crim
inal complaint for an offense commit
ted under the provisions 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 ..." did
unlawfully manufacture, sell, offer,
keep, store and expose for sale, and
solicit and receive orders for liquors
and absinthe, and drink compounded
with absinthe, against the peace and
dignity of the state of Nevada.
Sec. 4. The provisions of this act
shall not be construed to prevent any
pne from manufacturing, for his own
Slimcicnt, Which Shall Charge HI Sill)- ;lin in thJ art shall Uv warrant
stance and effect, that the defendant, requiring the person suspected to be
within one year last past, in said coun- brought before him for examination, or
' .v 7r unlaw- tne saji house, building, or other place
fully sell, give, offer. ex)ose, keep, and to be searched, and the parties found
store tor sale and gift, liquors, against therein to be arrested and brought be-
the peace and dignity of the state of fore him as aforesaid; and requiring
.evada. . tle 0ffjcer to whom it is directed to
Sec. 5. If any person who is of in- summon such witnesses as shall le
temperate habits or addicted to the use therein named, or whose names are en-
of any narcotic drug shall make the dorsed thereon to appear and give evi-
affidavit mentioned in the preceding dence on the examination, and in the
section, or if any person making such same warrant shall require the officer
affidavit shall use as a beverage, or for to whom it is directed to seize and hold
any purpose, or at any place other than all liquors found therein, also vessels,
that stated in such affidavit, or shall bar fixtures, screens, glasses, bottles,
knowingly permit another to do so, jugs, and other appurtenances appar-
said alcohol or wine, or any part there- ently used in the sale, keeping, or stor-
be abated or closed up as a place for
the sale or keeping of such liquors con
trary to law, as the court may deter
mine. Sec. 15. The Superintendent of the
Nevada State i'olice shall be ex officio
State Commissioner of Prohibition.
Wherever the word "commissioner" is
used in this act. it shall mean and be
taken to mean the State Commissioner
of Prohibition.
Sec. 16. It shall be the duty of the
commissioner, his deputies and agents,
to superintend the enforcement of all
provisions of this act, and of laws of
this state affecting the manufacture,
sale, keeping, exposing or offering for
sale, or giving or soliciting or receiv
ing orders for liquors, or laws connect-
having jurisdiction of such matters;
and for the purpose of enforcing such
laws, the said commissioner, his agents
and deputies, shall have all the powers
now vested in the sheriffs, their depu
ties, and constables and police officers
in the state. Provided, that nothing
in this act shall be construed to take
from or to relieve any of the said offi
cer from any duty imposed upon him
by any staute ot the state.
Sec. 17. The commissioner, his
agents and deputies, and the attorney
general, prosecuting attorney, or any
citizen of the county where such a nui
sance as is defined in section fourteen
of this act exists, or is kept or main
tained, 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 injunction shall be granted at the
commencement of the action and no
bond shall be required.
It shall not be necessary for the
court to find that the premises involved
were being unlawfully used as afore
said 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 he sold, bartered,
given away, distributed, dispensed or
stored in such house, building, club
room or other place, nor in 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 cases the order
for abatement shall be perpetual.
Any person violating the terms of
any injunction granted in proceedings
hereunder shall be punished for con
tempt summarily by the court without
the impaneling of any jury to try the
same, by a fine of not less than one
hundred nor more than five hundred
dollars, and by imprisonment in the
county jail not less than thirty days
nor more than six months, in the dis
cretion of the court or judge thereof in
vacation. In case decree is rendered
in favor of the plaintiff in any action
brought under the provisions of this
section, the court entering the same
shall also enter decree for a reason
able attorney's fee in such action in
favor of the plaintiff against the de
fendants therein, which attorney's fee
shall be taxed and collected as other
costs therein, and when collected paid
to the attorney, or attorneys of the
plaintiff therein.
Sec. 18. In addition to the penalties
prescribed for violation of any of the
provisions of section two to sixteen,
inclusive, of this act, the court may in
its discretion, when such conviction is
had, require the defendant to execute
bond with good security to be approv
ed by the Court or clerk thereof, in the
penalty of one thousand dollars, con
ditioned not to violate any of the pro
visions of any of said sections for the
term ot two vears. and in default of
uch bond mav commit the defendant
to jail for said term of two vears, un
less such bond be sooner given.
Sec. 19. All express companies, rail
road companies and transportation
companies within this state are hereby
required to keep books m which shall
be entered immediately upon receipt
thereof the name of every person to
whom liquors are shipped; the amount
and kind received; the date when deliv
ered, and by whom, and to whom de
livered; after which record shall be a
blank space, in which the consignee
-hall be required to sign his name in
person to such record, which book shall
lie open to the inspection of any state,
county or municipal officer of this state,
at any time during business hours of
the company; except that in the ab
sence or sickness of a duly licensed
druggist, having authority to sell pure
grain alcohol and wine for the purposes
prescribed by law. a registered phar
macist in the employ of such druggist,
duly designated by such druggist, in
writing personally signed by him, to
the agent of the transportation com
pany, may sign such druggist's name to
the record of shipments of alcohol for
medicinal, pharmaceutical. scientfic
and mechanical purposes, or wine for
sacramental purposes by religious bod
ies, such registered pharmacist being
required to write immediately beneath
such druggist's name his own name and
his connection with such druggist.
Such books shall constitute prima facie
evidence of the facts therein stated, and
be admissible as evidence in any court
in this state having jurisdiction, fir in
anv manner empowered with the en
forcement of the provisions of this act.
Any employee or agent of any express,
railroad company or transportation
company knowingly failing or refusing
to comply with the provisions ot this
section, shall be guilty of a misdemean
or and punished by a fine of not less
than fifty nor more than one thousand
dollars, and may be imprisoned in the
county jail not less than thirty days
nor more than twelve months. Provid
ed, however, that nothing herein con
tained shall permit, or lie construed as
permitting or authorizing, any common
carrier or transportation company to
bring or carry into this state, or carry
from one place to another within the
state, intoxicating liquors for another,
even when intended for personal use,
other than pure grain alcohol and wine,
and such preparations for druggists as
may be sold by them for special pur
poses and the manner set forth in sec
tions four and twenty-four.
Sec. 20. Any citizen or organization
within this state may employ an attor
ney to assist the prosecuting attorney
to perform his duties under this act.
and such attorney shall be recognized
by the prosecuting attorney and the
court as associate counsel in the pro
ceedings; and no prosecution shall be
dismissed over the objection of such
associate counsel until the reasons of
such prosecuting attorney for such dis
missal, together with the objections
thereof of such associate counsel, shall
have been filed in writing, argued by
counsel and fully considered by the
court.
Sec. 21. The prosecuting attorney of
any county, with the approval of the
governor, or of the court ot the county
Sec. 22. In all cases arising under
this statute the state shall have the
right to appeal.
Sec. 23. This entire act shall be
deemed an exercise of the police pow
ers of the state for the protection of
public health, pace and morals, and
all of its provisions shall be liberally
construed for the attainment of that
purpose.
Sec. 24. All acts and parts of acts,
so far as in conflict with this act, are
hereby repealed.
Sec. 25. If any corporation or asso
ciation shall violate any of the provi
sions of this act, any officer, agent, or
employee thereof acting for it in any
such unlawful act, or authorizing the
same to be done, shall be personally
guilty thereof the same as though such
officer, agent, or employee himself had
committed the offense, and shall be sub
ject to all of the fines, penalties, and
imprisonments therefor.
Sec. 2o. If any state, county, district
or municipal officer, or any municipal .
police, shall fail, refuse or neglect to
discharge any duty imposed upon him
by law. prohibiting the manufacure,
sale, keeping and storing for sale of in
toxicating liquors, he shall be removed
from office in the manner provided in
this section. Such removal shall be
made by the district court of the coun
ty wherein such officer resides. The
charges against any such officer shall
lie reduced to writing, and entered of
record by the court, and a summons
shall thereupon be issued by the clerk
of such court, containing a copy of the
charges, and requiring the officer nam
ed therein to appear and answer the
same as in other civil actions, which
summons may be served in the same
manner as a summons in civil action,
and the service must be made at least
five days before the return day thereof.
And the court itself shall, without a
jury, hear the charges, and upon satis
factory proof thereof, remove any such
officer from the discharge of the duties
of his office, and place the records,
papers and property of his office in the
possession of some other officer or per
son for safe-keeping until the vacancy
is filled. Any vacancy created under
this section shall be filled in the man
ner required by law as to county and
district omcers, and in the manner pre
scribed by the ordinances of the munic
ipality. Any citizen of the county, dis
trict or municipality, as the case may
be, or the commissioner of prohibition,
may prefer and prosecute to final judg
ment charges for removal against any
of the officers, including municipal po
lice, mentioned in this section. The
word "officer," as used herein, shall
include and embrace municipal police.
Either party shall have the right of ap
peal to the supreme court of the state
from the judgment of the district court.
Sec. 27. Whenever it shall appear to
any district court before which is pend
ing 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 district court
in this state to be selected 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.
Sec. 28. I ust ices of the peace shall
have concurrent jurisdiction with the
district court for the trial of first of
fenses arising under this act; provided,
that the district attorney or the com
missioner, or any of his deputies, shall
have the right before trial to elect
whether the case shall be tried and
judgment entered, or whether the jus
tice shall hold a preliminary bearing
to determine whether the accused shall
be held to the district court: provided,
further, that if the defendant shall
plead guilty, the justice shall enter
judgment on the charge. Justices of
the peace shall not impose a fine great
er than five hundred dollars nor im
prisonment in the county jail longer
than six months. The justice shall cer
tify to the district attorney a transcript
from his docket of the judgment in the
case and a copy of all bonds given by
the defendant. Whenever the district
attorney shall appear for the state in
any prosecution before a justice's court
for an offense under this act, there shall
be allowed and 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 defen
dant to an appeal from the judgment of
the justice. Any transcrijit of a judg
ment, so certified by a justice of the
peace shall he admissible evidence
upon the trial of the accused for a
second offense under this act.
Sec. 21). Any person called on behalf
of the state to testify concerning any
violations of this act, who shall give
freely and truthfully any testimony
tending in any way to incriminate him
self, shall be immune from prosecution
under this act.
Sec. .W. It shall be unlawful for any
person in this state to receive, directly
or indirectly, intoxicating liquors from
a common, or other carrier. It shall
also be unlawful for any person in this
state to possess intoxicating liquors,
received directly 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
as 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 hundred dollars nor more than one
thousand dollars, and in addition there
to may be imprisoned in the county jail
not more than twelve months; provided.
nowever, that druggists may receive
and possess pure grain alcohol, wine
and such preparations as may be sold
by druggists for the special purpose
and in the manner as set forth in sec
tion four.
ed in any way with the liquor traffic, to vested w ith authority to try criminal
diligently inform themselves of all vio
lations of such laws and either make
rejHirt thereof to the prosecuting at
torney of the proper county who shall
forthwith prosecute the same as pro
vided by law, or said commissioner, his
agents or deputies, shall make com
plaint of any violations of any such
offenses, or of the judge thereof in va
cation, may, within his discretion, offer
rewards for the apprehension of persons
charged with crime, or may expend
monev for the detection of crime. Anv
money expended under this section
shall, when approved bv the prosecut
ing attorney, be paid out ot the county
laws liefore the proper court or com- j fund in the same manner as other coun-
mitting justice, ana conduct me prose- ty expenses are paid
STATE OF NEVADA
ss.
DEPARTMENT OF STATE.
I. (ieorge l'.rodigan, the duly elected,
qualified and acting Secretary of State
of the State of Nevada, do hereby cer
tify that the foregoing is a true, full
ami correct copy of the original As
sembly Bill No. 1. entitled:
"An Act to prohibit i)w manufacture,
sale, keeping f..r sale, and gift, of malt,
vinous and spirituous liquors, and other
intoxicating drinks, mixtures or prep-
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