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THE DEMOCRAT
I. M. RICE Edii .ic and Proprietor.
MARK ZARK Foreman.
t Entered at the postoflice at Valentine , Cherry county , Nebr. . as Second
* Class Matter. ,
TERMS :
? 'Subscription $1.00 per year in advance ; $1.50 when not paid in advance.
.
.T
Display Advertising 1 inch single column 15c per issue or $6.00 a year.
Eocal N' Ices , Obituaries , Lodge Resolutions and Socials for revenue
5c per liner > issue.
Brands , H inches$4.00 per year in advance ; additional space $3.00 per
reur ; enpra\cdJ Jock extra $1.00 each.
i
10 per cent additional to above rates if over 6 months in arrears.
Parties living outside Cherry county are requested to pay in advance.
Notices of losses of stock free to brand advertisers.
THURSDAY , DECEMBER 21,1905.
From the Compiled Salutes of
; the State of Nebraska
I | for 1905.
BOND.
4226 , Sec. 6. No person shall
be licensed to sell malt , spirituous
or vinous liquors , by any county
boird , or the authorities of any
-city or village , payable to the state
of Nebraska , with at least two
jfood and sufficient sureties , free
holders of the county in which the
license is to be granted , to be ap
proved by the board who may be
authorized to issue the license ,
conditioned that he will not violate
any of the provisions of this act ;
and that he will pay all damages ,
fines , and penalties and forfeitures
which may be adjudged against
him under the provisions of this
act. The board Inking such bond
may examine any person offered
&s security upon any such bond ,
under oath , and require him to
subscribe and swear to his state
ment in regard to his pecuniary
ability to become such security.
Any bond taken pursuant to this |
.section may be sued upon for"the
use of any person or his legal rep- ]
* resentatives , who may be injured
. ' " by reason of the selling or giving
away any intoxicating liquor by
1 tbe person licensed , or by his ag
ent or servant.
*
" SURETY.
j 4227 , Sec. 7. No person who is
! hplden as tbe principal or surety
I upon any bond given under the
| provisions of the preceding sec-
] lion , shall be permitted to become
\ a surety upon any other bond of
like character.
SELLING to MINORS.
4228 , Sec. 8. Every person li
censed as herein provided , who
shall give or sell any malt , spirit
uous and vinous liquors , or any in
toxicating drinks to any minor ,
apprentice , or servant , under 21
years of age , shall forfeit and pay
for each offense the sum of § 25.00.
MISREPRESENTING AGE.
4229 , Sec. 9. Any minor , ap
prentice , or servant , who shall for
the purpose of evading the pro
visions of the preceding section ,
falsely represent his age , shall be
deemed guilty of a misdemeanor
and fined for each and every of
fense not exceeding $20.00 , or im
prisoned in the county jail not ex
ceeding 30 days , or both , at the
discretion of the court.
SELLING TO INDIAN , INSANE OR
DRUNKARD.
4230 , Sec. 10. Every person so
licensed who shall sell any intoxi
cating liquors to any Indian , in
sane-person , or idiot , or habitual
drunkard , shall forfeit ancl pay
for each offense the sum of $50.
DISPOSING WITHOUT LICENSE.
4231 , Sec. 11. All persons who
ihall sell , or give away , upon any
pretext , malt , spirituous , or vinous
liquors , or any intoxicating drinks ,
- without having first complied with
the provisions of this act , and ob
tained a license as herein set forth ,
shall for each offense be deemed
guilty of a misdemeanor , and up
on conviction thereof shall be fined
not less than $100 nor more than
$500 , or be imprisoned not to ex i
ceed one month in the county jail ,
aoclsbiiljbe liable in all respects
to the public and to individuals ,
the same as he would have been
had he given bonds and obtained
license as herein provided ; Pro
vided , That any person or persons
shall be allowed to sell wine made
from grapes grown or raised by said
person or persons , on land belong
ing to or occupied by said person
or persons in the state of Nebraska ,
the same to be sold in quantities
not less than one gallon , without
procuring the license provided for
in this chapter.
SAME HEARING BEFORE MAGIS
TRATE.
4232 , Sec , 12. The magistrate ;
before whom any complaint is made
of a violation of the provisions of
the preceding section , shall issue a
warrant for the arrest of the of
fender , and if upon an examina
tion the magistrate shall have
reason to believe the party guilty ,
he shall recognize him to appear
at the next term of the district
court as in cases of felony.
DISPOSING OF ADULTERATED LI
QUORS.
4233 , Sec. 13. Every person so
licensed , or any other person , who
shall intentionally or otherwise ,
sell or "give away , or direct , or
permit any person or persons in
his emplojT to sell or give away
any malt , spirituous , or vinous li
quors , which shall be adulterated
with strychnine , strontia , sugar of
lead , or any other substance , shall
forseit and pay the sum of § 100
for every such offense. An analy
sis made by a practical chemist
shall be deemed competent testi
mony under the provisions of this
section.
ELECTION DAYS SUNDAY.
4234 , Sec. 14. Every person
who shall sell or give away any
malt , spirituous , and vinous liquors
on the day of any general or sppo-
ial election , or any time during
the first day of the week , common
ly called Sunday , shall forfeit and
pay for every such offense , the
sura of $100.
CIVIL DAMAGES.
4235 , Sec. 15. The person so
licensed shall pay all damages that
the community or individual may
sustain in consequence of such
traffic , he shall support all paupers ,
widows , and orphans , and the ex
penses of all civil and criminal
prosecutions growing out of , or
justly attributed to , his traffic in
intoxicating drinks ; said damages
and expenses to be recovered in
any court of competent jurisdic
tion by any civil action .on the bond
named and required in section 6 of
this act , a copy of which , properly
authenticated shall be taken in
evidence in any court of justice in
this state ; and it shall be the duty
of the proper clerk to deliver , on
demand , such copy to any person
who may claim to be injured by
such traffic.
SUIT HV 3IAHRIED WOMAN.
4236 , Sec. 16. It shall be law
ful for any married woman or any
other person at her request , to in
stitute and maintain-in her own
name , a suit on any such bond for
all damages sustained by herself
and children on account of such
traffic , and the money when col
lected shall be * paid over for the
Use of herself and children.
MAINTENANCE OF INTEMPERATE
PAUFEES.
4287 , SecMT. When any per-
" - -
"I ' ; -
'SOB shall become a county or city
charge by reason of intemperance ,
I a suit may be instituted by the
proper authorities' on the bond of
any person licensed under this act ,
who may have been in tbe habit of
selling or giving intoxicating li
quors to the person so becoming a
public charge ; Provided , That the
person against whom a judgment
may be rendered under the pr6-f
visions hereof , may recover by a
similar action a proportionate part
of said judgment from any and all
persons engaged in said , traffic , |
who have sold or given liquor to |
such person becoming a public I
charge , or to any person commit
ting an offense.
TKIAL EVIDENCE.
4238 , Sec. 18. On the trial of
any suit under the provisions here
of , the cause or foundation of
which shall be the acts done or in
juries inflicted by a person under
the influence of liquor , it shall only
be necessary to to sustain the ac
tion to prove that the defendants
or defendants sold or gave liquor
to the person so intoxicated , or
under the influence of liquor ,
whose acts or injuries are com
plained of , on that day or about
that time when said acts were com
mitted or said injuries received ;
and in action for damages brought
by a mariied woman , or other per
son whose support legally devolves
upon a person disqualified by in
temperance from earning the same ,
it shall be necessary to prove that
the defendant has given or sold in
toxicating drinks to such person
during the period of such dis
qualification.
SUITS JURISDICTION.
4239 , Sec. 19. All suits for
damages and expenses arising un
der this act may be commenced
and prosecuted before a justice of
the peace , where the damages
claimed do not exceed the juris
diction of said justice , although
the penalty in the bond may ex
ceed that amount , and the judg
ment shall be for the damages
per"I .
PENALTY COMPLAINTS FOR 'UN
LAWFUL SALE.
4240 , Sec. 20. Hereafter it
shall be unlawful for any person to
keep for the purpose of sale with
out licencse any malt , spirituous
or vinous liquors in the state of
Nebraska , and any person or per
sons who shall be found in posses
sion af any intoxicating liquors in
this statewith the intention of
disposing of the same without li
cense in violation of this chapter ,
shall be deemed guilty of a misde
meanor and on conviction thereof
shall be fined or imprisoned as
provided in sectioi ? eleven of this
chapter ; Provided , That this shall
not apply to physicians or drug
gists holding permits for the sale
of liquors for medicinal , mechani
cal , chemical or sacramental pur
poses , or persons having liquors
for home consumption. If any
credible , resident free-holder of
any county , in this sate shall , be
fore any police judge , county
judge , or justice of the peace ,
make complaint and information
in writing and on oath that he has
reason to believe and does believe
that any intoxicating liquor , de
scribing it as particularly as may
be , in said complaint in said coun
ty , in any place described as near
ly as may be in said complaint ,
owned or kept by any person
named or described in said infor
mation as particularly as may be ,
and is intended to be , or is being ,
by the person named or described
in said complaint , sold without li
cense in violation ot this chapter ,
said magistrate shall , upon filing
said complaint and believing there
is probable cause therefor , issue
his warrant for the search of the
premises described in said com-
plaintand the arrest of the per
son therein named or described as
j the case may be , naming and de
scribing the liquors , person and
premises "as in the complaint ,
which warrant shall be directed to
the sheriff , city , or village marshal
or constable , as the complainant
may request , and said warrant
shall further command * the officer
that if after a thorough and dill *
gent search of said premises , he
shall st'ize th said liquor with the
vessels containing it and to keep
tb $ same ( peon rely utitil final action
, be had thereon ; and immediately
j arrjst the "jterson named or de-
scrjbed inrsaid warrant , or the
person in charge of the said liquors
and bring him before said magis
trate for examination , and the pos
session of any of said liquors shall
be presumptive evidence of a rio-
lation of this chapter and subject
the person to the fine prescribed
in section eleven , unless after ex-
animation he shall satisfactorily
account for and explain the pos
session thereof , and that it was not
kept for an unlawful purpose.
Where any liquors shall have been
seized by virtue of any such war
rant the same shall not be dis
charged or returned to any person
claiming the same , by reason of
any alleged insufficiency of the
description in the complaint or
warrant of the liquor or places ,
but the claimant shall beentitled
to an early and speedy hearing on
the merits of the cause ; Provided ,
That in case the place described in
said complaint and to be searched
is the residence of the person
named or described in said com
plaint , or any other person , then
and in that case the warrant shall
not issue unless the complaint
shall state that within 30 days , im
mediately preceding the filing
thereof , that liquor describing it
has been sold therein in violation
of this chapter.
TRIAL DESTRUCTION OP LIQUORS.
4241 , Sec. 21. If upon said ex
amination the magistrate hearing
the same shall be satisfied that the
person named or described in the
complaint , or found in possession
of said liquors and premises de-
cribed therein , had been selling
liquor without "license , in violation
.pf this chapter , or had said liquors
so seized in. his or her possession
with in ni o dispose of the same
in violation' of this chapter , said
magistrate shall hold said person
so arrested for trial at the next
term of the district court and shall
order the liquors so seized destroy
ed by the officer having them in
charge ; Provided , That defendant
may appeal from said order to the
district court , in which case the
liquors shall abide the result of the
trial of the defendant in the dis
trict court , and if there convicted
he shall be fined or imprisoned as
in this chapter provided in the dis
cretion of the court , and the court
shall further order said liquors de
stroyed as if the appeal herein
provided for had not been taken.
PUNISHMENT COSTS DISPOSAL O F
LIQUORS.
4242 , Sec. 22. In case the de
fendant is acquitted he shall be
discharged ajid the liquors return
ed , but if found guilty , in addition
to the payment of a fine he shall
pay all costs of prosecution , in
cluding a reasonable attorney fee
to the prosecuting attorney ( in
case the'couuty attorney does not
prosecute ) , to be determined by
the court , and in no case less than
§ 25' which shall be taxed in the
costs and recovered as other costs.
If the defendant be discharged the
costs shall be paid by the com
plaining witness unless the court
shall sustain the finding that there
was probable cause for the com
plaint. If no one is found in the
possession of said premises where
said liquors may be found , the of
ficer taking the same shall post in
a conspicuous place on said build
ing or premises a copy of .this war
rant , aad take possession of said
liquors and the vessels containing
the same , and hold them subject
to the order of the magistrate and
make return of his doings to the
magistrate issuing the warrant.
Whereupon it shall be the duty of
the magistrate to fix a time for the
' hearing of the question of the
purposes of which said liquors
were kept , and issue a "notice
thereof to the officer , who shall
post a copy thereof on the build
ing or premises where the liquors
were found ; Provided , That the
day so fixed shall not be less than
five nor more than ten days from
tbo date of the issuance of said
Caminned on page eight *
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