2198. The corporate authorities of all cities and villages shall have power to license, regulate, and prohibit the selling or giving away of any intoxicating, malt, spirituous, and vinous, mixed, or fermented liquors within the limits of such city or village, the license not to extend beyond the municipal year in which it shall be granted, and to determine the amount to be paid for such license, not less than five hundred dollars ($500) in villages and cities having not more than ten thousand (10,000) population, nor less than one thousand ($1,000) dollars in metropolitan cities and cities of the first class, and cities having over ten thousand (10,000) population; *Provided, however, That in cities of the metropolitan class the power to license the selling or giving away of any intoxicating, malt, spirituous, vinous, mixed, or fermented liquors shall be vested exclusively in the board of fire and police commissioners of such city, and as compensation for such services they shall each receive the sum of four hundred dollars ($400) annually, payable out of the police fund of their respective cities; Provided further, That in cities of the first class having more than twenty-five thousand (25,000) and less than eighty thousand (80,000) inhabitants the power to license the selling or giving away of any intoxicating malt, spirituous, vinous, mixed, or fermented liquors shall be vested exclusively in the excise board of such cities; Provided further, That the city council in cities, except in cities of the metropolitan class, and in such cities the board of fire and police commissioners, and except in cities of the first class having more than twentyfive thousand (25,000) and less than eighty thousand (80,000) inhabitants and in said cities the excise board* or the board of trustees in villages may grant permits to druggists for the sale of liquors for medicinal, mechanical, and chemical purpose only, subject to forfeiture, and under such restrictions and regulations as may be provided by ordinance and subject to the provisions of section 26 of this act [2199]; Provided further, That in granting licenses or permits such corporate authorities in cities and villages and the board of fire and police commissioners in cities of the metropolitan class shall comply with and be governed by all the provisions of this act in regard to granting of licenses and all the provisions and penalties contained in this act shall be applicable to such licenses and permits, and the persons to whom they are granted; Provided further, that in granting any license the petition therefor shall be sufficient if signed by thirty (30) of the resident freeholders, or if there are less than sixty (60), a majority of the freeholders of the ward or village where the sale of such liquors is to take place.

Amended and from *to* added 1889, p. 355. A name signed by another without consent does not count. 28, 418 (44 N. W., 479). There must be an ordinance authorizing the issuance of a license in cities before any steps can be taken to procure one. 11, 523 (10 N. W., 410).

2199. Any druggist to whom a permit may be granted, as contemplated in sections 24 and 25 of this act, shall keep in a book, provided by him for that purpose, a register of all liquors sold or given away by him, which register shall show the dates, kind, quantity, for what purpose and to whom such liquor was sold or given away, which book shall be at all times open to the inspection of the public; all druggists to whom such permit may be granted shall, on the first Monday of January and July of each year, file in the office of the clerk of the authorities granting such permits, a report of all entries made in said register as contemplated in this section since his last report, which report shall be subscribed and sworn to as correct by said druggist, and that he has not sold or given away, either by himself, clerk, or agent, any liquors other than as stated in said report. Any druggist failing to comply with the provisions of this section shall be deemed guilty of a misdemeanor, and upon conviction thereof, for each and every offense, shall be fined in any sum not less than twenty dollars ($20) nor more than one hundred dollars

($100), and be imprisoned in the county jail not less than ten days nor more than thirty days, in the discretion of the court.

A druggist can only sell with permit and then according to law. 17, 411 (22 N. W., 785). 2200. If any one purchasing intoxicating liquors of a person authorized to sell shall make to such person any false statement regarding the use to which such liquor is intended by the purchaser to be applied, such person so obtaining such liquor shall be deemed guilty of a misdemeanor, and shall, upon conviction thereof, forfeit and pay a fine of ten dollars, together with costs of prosecution, or shall stand committed until the same is paid. For the second offense he shall pay a fine of twenty dollars and costs of prosecution, and be imprisoned in the county jail not less than ten days nor more than thirty days.

2201. If any person shall be found in a state of intoxication he shall be deemed guilty of a misdemeanor, and any peace officer may, without warrant, and it is hereby made his duty to take such person into custody, and to detain him in some suitable place till an information can be made before a magistrate and a warrant issued in due form, upon which he may be arrested and tried, and if found guilty, he shall pay a fine of ten dollars and the costs of prosecution, or shall be imprisoned in the county jail not more than thirty days. But the magistrate before whom such person is tried and convicted may remit any portion of such penalty and order the prisoner to be discharged upon his giving information under oath, stating when, where, and of whom he purchased or received the liquor which produced the intoxication, and the name and character of the liquor obtained. In cases arising under this section appeals may be allowed as in cases of ordinary misdemeanor within the jurisdiction of the justices of the peace.

This section constitutional. 26, 760 (42 N. W., 762). See 13, 12 (12 N. W., 838).

2202. It shall be the duty of all vendors of malt, spirituous, or vinous liquors, under the provisions of this act, to keep the windows and doors of their respective places of business unobstructed by screens, blinds, paint, or other articles, and any person offending against the provisions of this section shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in any sum not less than $25, or be imprisoned in the county jail not less than ten days, or both, at the discretion of the court, and shall have his license revoked by the same authority granting the same.

p. 281.

Secs. 2203 and 2204. "An act to prevent treating in saloons and other public places." 1881, In force June 1.

2203. All persons are prohibited from treating or giving away any liquor, beer, wine, or intoxicating beverage whatever, purchased and to be drank in any saloon or other public place where such liquors or beverages are kept for sale.

2204. Any person treating or offering to treat any other person, or accepting, or offering to accept any treat or gift of any intoxicating drink whatever in any saloon or public place where such liquors are kept for sale, shall be deemed guilty of a misdemeanor and shall, upon conviction thereof, be subject to a fine of ten dollars, or imprisonment in the common jail of the county for ten days, or both, at the discretion of the court; and in addition thereto shall pay into said court the sum of fifteen dollars, to be paid to the attorney prosecuting the case if there be one; and if no attorney prosecutes, then to be paid in the school fund of the county in addition to the fine.

Sec. 2206 to 2207. "An act for the prevention of certain immoral practices." 1877, p. 6. In force June 1. 2205. [Sale near camp meetings.]-That no person shall sell, or expose for sale, give, barter, or otherwise dispose of, in any way or at any place, any spirit

uous or other liquors, or any article of traffic whatever, at or within the distance of three miles from the place where any religious society or assemblage of people are collected or collecting together for religious worship in any field or woodland; Provided, That nothing in this act shall affect tavern keepers from exercising their calling, nor distillers, manufacturers, or others in prosecuting their regular trades, at their places of business; or any persons disposing of any ordinary articles of provisions, excepting spirituous liquors, at their residences; nor any persons having written permit from the trustees or managers of any such religious society or assemblage, to sell provisions for the supply of persons attending such religious worship, their horses or cattle, such persons acting in conformity to the regulations of said religious assembly and to the laws of the state.

Does not refer to camp meetings located within the limits of a city or village. 13, 196 (13 N. W., 172.)

2206. That any person found guilty of committing a breach of the provisions of this act shall forfeit and pay, for every such offense, a fine of not less than twenty nor more than one hundred dollars, into the county treasury of the county within which such offense is committed, for the use of the common schools in said county, and any county judge, sheriff, coroner, or justice of the peace shall, upon view or information and with or without warrant, apprehend any person or persons so offending, and seize all such liquors or other articles of traffic, and the utensils or furniture containing them, and convey them before a justice of the peace or the county judge within the county in which such crime or offense may be committed, and the said county judge or justice of the peace upon complaint, under oath or affirmation of said officer apprehending such offender or any person giving information, shall issue his warrant of arrest, which shall be formally served by the proper officer, and proceed to inquire into the truth of said accusation, and, if found true, shall proceed to bind said offender or offenders in an amount not exceeding five hundred dollars, as he shall deem proper, to answer at the next regular term of the district court in and for the county in which such offense shall have been committed, to be proceeded with by indictment, the fine and costs to be allotted as in other criminal cases; Provided, however, That if such offender or offenders shall plead guilty, said judge or justice shall affix the penalty and proceed to judgment, and in such case he shall immediately issue execution against the property and body of the defendant or defendants for the fine and costs unless paid or secured; and said defendant or defendants shall not be discharged until said judgment shall be fully paid or secured to be paid.

2207. That in any prosecution against any person or persons for a violation of the provisions of this act, if the defendant or defendants shall be acquitted, he or they shall recover of the person or persons filing the complaint double the amount of his or their costs which said county judge or justice shall award.

CHAPTER 31.-MILITIA.

Secs. 2208 to 2265. "An act to amend an act entitled 'An act to establish a military code for the state of Nebraska,' approved February 28, A. D. 1881, and to repeal chapter 64, Laws 1881, as now existing." 1887, p. 480. In force July 1.

2208. Every able-bodied male citizen of this state between the ages of eighteen and forty-five years, not expressly exempted by law, shall be subject to military duty and be designated as the militia.

2209. When it is necessary to execute the law, suppress insurrection, or repel invasion, or when a requisition is made by the president of the United States for troops, the governor, as commander-in chief, shall, by his proclamation, require the enrollment of the militia of the state, or such portion thereof as may be necessary, in a manner herein provided.

2210. The active militia shall be designated as the "Nebraska National Guard"; shall be recruited by volunteer enlistment; shall consist of not more than two thousand men, and shall be assigned to regiments and brigades by the commander-inchief. All enlistments therein shall be for three years, and made by signing enlistment papers in duplicate according to a form prescribed by the adjutant general, and taking the following oath or affirmation, which may be administered by the enlisting officer or any commissioned officer of the rank of captain, to-wit: "You do solemnly swear (or affirm) that you will bear true allegiance to the United States and the state of Nebraska, and that you will support the constitution thereof, and that you will serve the state of Nebraska faithfully in its military service for the term of three years unless sooner discharged, or you cease to become a citizen thereof, and that you will obey the orders of the commander-in-chief and such officers as may be placed over you, and the laws governing the military forces of the state of Nebraska-So help me God."

2211. The organization of the Nebraska National Guard shall conform to the provisions of the laws of the United States, and the system of discipline and of exercise shall conform as nearly as may be to those of the army of the United States.

2212. The staff of the commander-in-chief shall consist of an adjutant general with the rank of brigadier general, who shall be ex-officio chief of the staff; a quartermaster and commissary general and a surgeon general, each with the rank of colonel; an inspector general with the rank of lieutenant colonel; a judge advocate general with the rank of major, and as many aides-de-camp as he may think proper, each with the rank of colonel, who shall serve without pay or emoluments in time of peace. The adjutant general shall issue and transmit all orders of the commander-in-chief with reference to the militia or military organizations of the state, and shall keep a record of all officers commissioned by the governor, and of all general and special orders and regulations, and of all such matters as pertain to the organization of the state militia and Nebraska National Guard, and perform the duties of adjutant, quartermaster, and commissary general, except in time of war or insurrection, in which case the duties of the commissary and quartermaster general shall be performed by that officer. He shall have charge of, and shall receive and issue all ordnance and ordnance stores, camp and garrison equipage, and other public property pertaining to the militia or national guard of the state, on the order of the commander-in-chief. The adjutant general shall receive for his

services the sum of one thousand dollars ($1,000) per annum. He shall have charge of and carefully preserve the colors, flags, guidons, and military trophies of war belonging to the state, and shall not allow the same to be loaned out or removed from their proper place of deposit. He shall furnish, at the expense of the state, all proper blank books, blanks and forms, and such military instruction books as shall be approved by the commander-in-chief. He shall also, on or before the first day of December next preceding the regular session of the general assembly, make out a full and detailed account of all the transactions of his office, with the expenses of the same for the preceding two years, and such other matters as shall be required by the governor; and shall also report at such other times as the governor may require. He shall make such reports, returns, etc., to the war department or the president of the United States as may be required by law or regulations. He shall reside at the state capital, and shall hold his office during the pleasure of the governor. The quartermaster and commissary general shall take care of all public property belonging to his department, and when required by the commander-in-chief, shall procure transportation, supplies, subsistence, etc., for the troops. He shall make such reports and returns to the war department and the president of the United States as may be required by law or regulations, and shall annually report to the commander-in-chief, on or before the first day of December of each year, a complete inventory of such property and the place in which it is deposited, with a detailed account of all articles consumed or issued and money expended in his department not previously reported. The quartermaster and commissary general shall execute all orders given him by the commander-in-chief, and shall execute a bond with sureties to the state, to be approved by the state treasurer, in the sum of fifteen thousand dollars ($15,000), conditioned for the faithful performance of the duties of his office. The surgeon general shall examine and determine the candidates for regimental surgeons and hospital stewards, and shall, under the directions of the commander-in-chief, have general supervision and control of all matters pertaining to the medical department of the Nebraska National Guard. He shall prescribe the physical and mental disabilities exempting from military duty. He shall be the chief purchasing and disbursing officer of his department. He fills all requisitions, as he shall approve, made upon him for mediical and hospital supplies for use of sick or wounded while on actual duty, when such requisitions are made by the surgeons or assistant surgeons of regiments or detachments. He shall make such inspection in regard to the sanitary condition of encampments and care of sick in hospitals as he may deem necessary, and report in writing, on or before the first day of December of each year, to the commander-inchief through the adjutant general. He shall keep a roster of all medical officers of the Nebraska National Guard and shall be informed by the adjutant general of all changes by commission, discharge, death, or leave of absence. The inspector general superintends all inspections of the national guard and militia made in compliance with the law, regulations, or the special orders of the commander-inchief. He shall report in writing to the commander-in-chief through the adjutant general on or before the first day of December in each year, stating what has been done during the year by himself and assistants, calling attention to what is defective and suggesting remedies for existing errors. The judge advocate general is the legal adviser of the military department of the state of Nebraska in such matters pertaining to the government of the national guard and militia as may be referred to him by the commander-in-chief. He reviews all proceedings of court martial which require the action of the commander-in-chief, reporting thereon in writing. He brings such suits as may be required by law. He shall, on or before