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whom it was addressed. Whoever shall order, purchase, or cause intoxicating liquors to be transported in interstate commerce, except for scientific, sacramental, medicinal, and mechanical purposes, into any State or Territory the laws of which State or Territory prohibit the manufacture or sale therein of intoxicating liquors for beverage purposes shall be punished as aforesaid; Provided, That nothing herein shall authorize the shipment of liquor into any State contrary to the laws of such State; Provided further, That the Postmaster General is hereby authorized and directed to make public from time to time in suitable bulletins or public notices the names of States in which it is unlawful to advertise or solicit orders for such liquors. (Act of Cong. 1917.)

1827. Constitutional Ordinance-The Manufacture, sale, barter, giving away, or otherwise furnishing, except as hereinafter provided, of intoxicating liquors within those parts of the State, heretofore known as the Indian Territory and the Osage Indian Reservation, and within any other parts of the State which existed as Indian reservations on the first day of January, Nineteen Hundred and Six, is prohibited for a period of twenty-one years from the date of the admission of the State into the Union, and thereafter until the people of the State shall otherwise provide by amendment of this Constitution and proper State legislation. Any person, individual or corporate, who shall manufacture, sell, barter, give away, or otherwise furnish any intoxicating liquor of any kind, including beer, ale, and wine, contrary to provisions of this section, or who shall, within the above described portions of the State, advertise for sale or solicit the purchase of any such liquors, or who shall ship or in any way convey such liquors from other parts of the State into the portions hereinbefore described, shall be punished, on conviction thereof, by fine not less than fifty dollars and by imprisonment not less than thirty days for each offense; Provided, That the Legislature may provide by law for one. agency under the supervision of the State in each incorporated town of not less than two thousand population in the portions of the state herein before described; and if there be no incorporated town of two thousand population in any county in said portions of the State, such county shall be entitled to have one such agency, for the sale of such liquors for medicinal purposes; and for the sale, for industrial purposes, of alcohol which shall have been denaturized by some process approved by the United States Commissioner of In

ternal Revenue; and for the sale of alcohol for scientific purposes to such scientific institutions, universities, and coHeges as are authorized to procure the same free of tax under the laws of the United States; and for the sale of such liquors to any apothecary who shall have executed an approved bond, in a sum not less than one thousand dollars, conditioned that none of such liquors shall be used or disposed of for any purpose other than in the compounding of prescriptions or other medicines, the sale of which would not subject him to the payment of the special tax required of liquor dealers by the United States, and the payment of such special tax by any person within the parts of the State herein above defined shall constitute prima facie evidence of his intention to violate the provisions of this section. No sale shall be made except upon the sworn statement of the applicant in writing setting forth the purpose for which the liquor is to be used, and no sale shall be made for medicinal purposes except sales to apothecaries as hereinabove provided unless such statement shall be accompanied by a bona fide prescription signed by a regular practicing physician, which prescription shall not be filled more than once. Each sale shall be duly registered, and the register thereof, together with the affidavits and prescriptions pertaining thereto, shall be open to inspection by any officer or citizen of the State at all times during business hours. Any person who shall knowingly make & false affidavit for the purpose aforesaid shall be deemed guilty of perjury. Any physician who shall prescribe any liquor, except for the treatment of disease, which, after his own personal diagnosis, he shall deem to require such treatment, shall, upon conviction thereof, be punished for each offense by fine of not less than $200, or by imprisonment for not less than thirty days, or by both such fine and imprisonment; and any person connected with such agency, who shall be convicted of making any sale or other disposition of liquor contrary to these provisions, shall be punished by imprisonment for not less than one year and one day. Upon the admission of the State into the Union these provisions shall be immediately enforcible in the courts of the State. (Sec. 7, Art. 1, Const.)

1828. To Manufacture, Sell, or Furnish Liquor-It shall be unlawful for any person, individual or corporate to manufacture, sell, barter, give away or otherwise furnish except as in this chapter provided, any spirituous, vinous, fermented or malt liquors, or any imitation thereof or substitute there

for; or to manufacture, sell, barter, give away, or otherwise furnish any liquors or compounds of any kind or description whatsoever, whether medictated or not, which contain as much as one-half of one per cent. alcohol, measured by volume, and which is capable of being used as a beverage, except preparations compounded by any licensed pharmacist, the sale of which would not subject him to the payment of the special tax required by the laws of the United States; or to ship or in any way convey such liquor from one place within this State to another place therein, except the conveyance of a lawful purchase as herein authorized; or to solicit the purchase or sale of any such liquors, either in person or by sign, circular, letter, card, price list, advertisement or otherwise, or to distribute, publish, or display any advertisement, sign or notice where any such liquor may be manufactured, bartered, sold, given away, or otherwise furnished, or to have the possession of any such liquors with the intention of violating any of the provisions of this chapter. A violation of any provisions of this section shall be a misdemeanor, and shall be punished by a fine of not less than $50 nor more than $500, and by imprisonment for not less than thirty days, nor more than six months: Provided, however, that the provisions of this chapter shall not apply to the manufacture and sale of unfermented cider and wine made from apples, grapes, berries, or other fruit grown in this State, and to the use of wine for sacramental purposes in religious bodies. (3605 R. L. 1910)

1829. Apple Cider-It shall be lawful to sell in this State apple cider manufactured either within or without the State from the unadulterated juice of apples, if the same is of such a character as not to be subject to a special tax under the internal revenue laws of the United States and shall comply with the requirements of the pure food laws of the United States, and of this State. (3606 R. L. 1910.)

1830. Special Tax Prima Facie Evidence-The payment of the special tax required of liquor dealers by the United States by any person within this State, except local agents appointed as hereinbefore provided, shall constitute prima facie evidence of an intention to violate the provisions of this chapter. (3609 R. L, 1910)

1831. Transportation Companies to Keep Record of Shipments All express companies, railroad companies, and transportation companies within this State are hereby required to keep a separate book in which shall be entered, immediately

upon receipt thereof, the name of the person to whom liquors are shipped, the sale of which is prohibited by the laws of this State, the amount and kind received, the date when received, the date when delivered and by whom delivered, and to whom delivered, after which record shall be a blank space in which the consignee shall be required to sign his name, before such liquors are delivered to such consignee, which book shall be open to inspection of any officer of this State, whether such officer be a state, county, or municipal officer, at any time during business hours of the company. Such books shall constitute prima facie evidence of the facts therein stated and be admissible as evidence in any court of this State having jurisdiction or in any manner empowered with the enforcement of the prohibition laws of this State. Any employee or agent of any express company, or transportation company failing or refusing to comply with the provisions of this section shall be guilty of a misdemeanor and shall be punished by a fine of not less than $50 nor more than $500 and imprisonment not less than thirty days nor more than six months. (S. L. 1911, 158)

1832. To Accept Bribe-No officer of this State, or of any county, city, town or municipal organization thereof shall ever accept or receive, directly or indirectly, any property, money or thing of value, either for himself or for another, or for the State, county, or city or town or municipal organization, for or in consideration of any agreement or understanding, express or implied, of any kind, character or nature whatsoever, that any person, individual or corporate shall be permitted to violate any provisions of this chapter or shall, because of the payment or delivery, of any such money, property, or thing of value, either by way of fine, license, permit or otherwise, receive or secure immunity from arrest, prosecution or punishment therefor. Any such officer, elective or appointive, violating any provision of this section shall be guilty of a felony, and upon conviction thereof shall be punished by imprisonment in the State penitentiary for not less than one year and one day nor more than five years. (3622 R. L. 1910)

1833. To Drink Liquor in Public Place-Any person who shall, in any public place, or in or upon any passenger coach, street car, or in or upon any other vehicle commonly used for the transportation of passengers, or in or about any depot, platform, waiting station or room, drink any intoxicating liquor of any kind, or if any person shall be drunk or in

toxicated in any public or private road, or in any passenger coach, street car, or in any public place or building, or at any public gathering, or if any person shall be drunk or intoxicated and shall disturb the peace of any person, he shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than $10 nor more than $100, or by imprisonment for not less than five days nor more than thirty days or by both such fine and imprisonment. (3623 R. L. 1910)

1834. Railroad Conductor to Arrest-Every railroad conductor is hereby authorized and empowered to exercise, in any county of this State through which the train in charge of such conductor passes, all the common law and statutory powers of sheriffs in their respective counties, for the purpose of enforcing the provisions of the last preceding section and to arrest offenders against any such provisions, and in so doing are acting for the State and not as employees of the railroad company. Arrests for offenses against any such provisions may be made by such conductor without warrant; and persons so arrested shall be delivered by him to some justice of the peace, police judge, sheriff, constable or police officer at some station or place within the county in which the of fense was committed, for trial as provided by law: Provided, that if the train shall have passed from the county in which such offense was committed, and for which such arrest shall have been made, then said conductor shall deliver the person so arrested to some officer of another county, and he shall be held and delivered to some officer of the county in which the offense was committed and be there held for trial as provided by law; provided, further, that any railroad conductor who is actually engaged in the discharge of his duty, and makes a legal arrest under the provisions of this section, then and in that case the railroad company employing him shall not be liable for damages to the person or persons for such arrest. (3624 R. L. 1910)

1835. Opening Original Packages on Premises-It shall be unlawful for any person to break open any original package or packages in which liquors are shipped, or for any express agent, freight agent, or employee thereof, or other employee of any express, railroad, or other transportation company, to allow any original package or packages in which liquors are shipped, the sale of which is prohibited by the laws of this State, to be broken open or divided in any manner upon the premises of such company under the supervision of said

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