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About La Grande evening observer. (La Grande, Or.) 1904-1959 | View Entire Issue (Dec. 29, 1915)
WEDNESDAY, DECEMBER 29, 1915. PAGE TIIREII LA GRANDE EVENING OBSERVER HOW TO OBTAIN RAINIER BEER AFTER JANUARY 1st, 1916 ed The subove new plant, thoroughly Hygienic and modem in every respect, has been erect in San Francisco, Cal., to continue the manufacture of your old time favorite RAINIER BEER '.- making it possible for you to enjoy the beer of your choice as heretofore.' DIRECTIONS FOR ORDERING. One person or family may. order 24 quarts of Beer once every four weeks. : The price of the Beer must be remitted by certified check or money order to the RAINIER BREWING COMPANY, SAN FRANCISCO, CAL., and your order' will receive prompt (attention. When the Beer is delivered the consignee (the person receiving the Beer) must swear to am affidavit before the agent of the transportation com pany, and pay a fee of five cents to such agent. , PRICES DELIVERED TO TRANSPORTA TION CO., AT SAN FRANCISCO, CAL. 24 large bottles Dark or Pale $3.30 36 small bottles Dark or Pale $3.30 24 small bottles Malta Rainier ....,..$3.25, , We shall always aim to protect our cus tomers by obtaining for them lowest pos sible freight rates. .. ' , , ALLOWANCE ON RETURN EMPTY :-;,;'' .'..f bottles. We will pay for RAINIER bottles at the rate of 35c per dozen large and 25c per dozen small bottles when, received in per fect condition at San Francisco. THANKING YOU FOR YOUR PAST KIND PATRONAGE AND WISHING YOU A PROSPEROUS NE W YEAR. RAINIER BREWING COMPANY SAN FRANCISCO, CALIFORNIA. PRIMER GIVES PROHI LAW (Continued From Page On) his bond, and fifty cents each for two . books of affidavits. Q. After this, what does ho do when ta person wanes to buy ale hol? A. He fills ou; one of the affidavits, reads it to the purchaser, who must sign it and swear to it, either bsf jra the pharmacist or his licensed phar macy clerk. ; ; Q. Can he sell' it to him then? ' A. Yes, but only for mechanical, pharmaceutical and scientific pur poses and for external use. Q. Can the pharmacist sell it for medical purposes? A. Not without a physician's certificate, and also the affidavit as above. Q. How much ethyl alcohol can be sold? A. Not more than two quarts to one person in- a period of four weeks. Q. May hospitals and medical col leges secure more ? A. They can got larger quantities if their managing head mokes the affidavt as above. Q. Where is the record of the amount sold kept? A. On the af fidavit by, the pharmacist. Q. Can & larger amount be sold to any other classes of persons ? A. Yes, to charity hospitals, medical col leges, to persons known to. the' phar macists to be chemists, bacteriologists or licensed and practicing physicians or to be engaged in scentfic work or in manufacturing, or in a field of art needed larger quantities of alcohol. Q. To what classes of people shall the pharmacist not sell ? A. To min ors, to those addicted to the use of drugs, or those of intemperate habits. Q. What shall this affidavit con tain? A. That the person needs. .. . quarts of ethyl alcohol for use at ........for the purpose of , and such alcohol will not be sold or given away by the person, nor. used for any purpose or at cany other place than named in the affidavit. Q. What does the pharmacist do with these affidavits and the physi cians' prescriptions? A. He keeps them on file until the 10th day of each month, when he must file them with the County Clerk of his county; ami he must at the same time file with the County Clerk his own af fidavit stating that the affidavits and prescriptions filed represent the true amount of all liquors sold by him. . Q. How may these affidavits and prescriptions be . seen ? A. Any of ficer may demand to see them during business hours when they are in the possession of the pharmacist. When tliey are filed with County Clerk they are open to the inspection of all per sons during business hours, because they" become public records. Q. If a person swears falsely in the affidavit, how shall he be pun ished 1 A. He is deemed guilty of perjury, and subject to a penalty of from two to five years in the peni tentiary. . Q. What is the penalty for a pharmacist who sells illegally ? A. See last paragraph chapter III. Physicians. Q. How can one obtain ethyl al cohol for medicine? A. Only upon a physician's prescription. Q. Can one obtain any other intox icating liquor for medicne on a phy sician's prescription? A. No. Drug gists ciamnot carry in stock anything but ethyl alcohol, and doctors cannot give a prescription for, anything else but ethyl alcohol. 'Q. Can no other kind of intoxi cants but ethyl, alcohol be used as medicine? A. Yes, the doctor can administer other intoxicants to his patient when necessary as a medicine, but he must give it himself from 1 his private supply. , Q. How much can the doctor have? A. Only as much as any other individual; two quarts of whisky or 24 quarts of beer in any period of four successive weeks. Q. How does he get it? A. The same iais any other person; orders, it shipped into the state to him under the regulations required by law. Q. What class of physicians can give a prescription? A. Only phy sicians in good standing in their pro fession, who are engaged in active practice, who are not addicted to the use of liquor. Any others cannot give a prescription for ethyl alcohol. Q. Does the patient who has a prescription have to make the af fidavit before a druggist before get ting it filled? A. Yes, in every case. Q. Does the doctor have to ob serve any rules when giving the pro scription? A. Yes, he must show on the face of the prescription the purpose for which the alcohol w3 prescribed. Q. Can more than one sale be made on a prescription? A. No. Q. Suppose the doctor should pre scribe more than two quarts; Can the pharmacist fill it? A. No. The pharmacist must not sell to any per son more than two quarts in any per iod of four successive weeks, even though the physician prescribes it. Q. . If a physician may not sell other intoxicating liquors, may ' he give it away? . A. No. Such giving away is the same as a sale, and the burden of proof is always on the phy sician .to show that what he gave away or administered was necessary for medicinal use. .'' 1 Q. What happens to a physician or pharmacist who violates these pro visions I A. r or tne nrst ottense ne is fined not more than $500 or im prisoned not more than six months, or both, in the discretion of the court; for a second offense he is fined not less than $100 vnor more than $500 and imprisoned in the county jail not less than 30 days nor more than one year, and his license as a pharmacist or physician shaE bo revoked for six months; for a third conviction he shall be imprisoned in the county- jail at hard labor for two years, land his li cense shall be absolutely revoked. Common Carriers Shipments ; and Receipts. Q. How can a person obtain in toxicating liquor for personal use? A. He can have, it shipped in from outside the state. Q. How much can he have shipped in ? A. Any one person or family may receive not more than two quarts of spirituous or vinous liquors nor more than 24 quarts. of malt liquor within a period of four successive weeks. Q. Wlhy was any amount per mitted shipped in? A. Because the constitutional amendment does not provide against, importation, and many of our courts have held that legislatures cannot absolutely pro hibit sRipments for personal use. Q. Why were two quarts and 21 quarts made the limit? A. The limit had to be somewhere. It also had to be reasonable. An Oklahoma supreme court decision held one quart to be unreasonable and the law invalid because of the low limit. We made it two quarts to be reasonable but be as low as possible. Q. May the carrier deliver liquors as other goods are delivered ? A. No. The carrier may not deliver intoxicat ing liquor until the consignee makes an affidavit setting forth the name of the carrier, the point of delivery, the amount and kind of intoxicating li quor to be received, the total amount of liquors of all kinds received by him during the four weeks last past; that the raiffiant is over 21 years and is not an habitual drunkard. This affidavit shall be sworn to before any agent of the carrier who is authorized by, the law to administer the oath. Q. What next is -necessary? A. The liquor can then be delivered to the consignee, but not to any person for him; and the consignee in person shall, upon the affidavit, receipt for the liquor. ' Q. What happens to one who makes ia false affidavit? A. He is deemed guilty of perjury, and is pun ishable by from two to five years in the penitentiary. Q. Who furnishes these affidavits A. The County Clerk of the county to the agent of the common carrier. Q. iWho is a common carrier? A. An express company, a railway com pany, street car companies, stage lines, auto delivery lines, drays; but not private individuals, unless wholly engaged in hauling freight or pas sengers, or both, for hire. Q. Whet becomes of the affidav its? A. They are kept on file by the agent of the company, and are 'iubioot to inspection by any officer at business hours. Q. Does the agent file them away? A. No. By the 10th of each month each agent must file with the County Clerk all filled affidavits, who . must keep them for two years. When filed wrtn the County Clerk they are pub lic records, and subject to inspection by all persons during business hours. Q. What happens to the agent who fails to comply with this law in all particulars?: A, His violation of any part of it subjects him to the same punishment as if he should sell or manufacture liquor illegally, Q. What if an agent knowingly delivers more than the limit within four weeks to any person? A, He is guilty of violation of the act and will be punished. ; .f .'.y y. What if a person receives more than the limit m four successive weeks? A. He is guilty of a viola tion and should be punished; except ing wholesale deliveries of ethyl al cohol to druggists, and priests, min isters, or commanding officers of fra ternal organizations 'that use wine for sacramental .purposes, who may receive such quantity of wine for sacramental purposes as ' may bo necessary, provided they , make the i proper affidavit. . "'',' I Q. What happens to a person who receives liquor without these ' pro visions being complied with? A. He is deemed guilty of violation, and will be punished by a fine of not mora than $50.00, or by imprisonment in the county jail not more than 30 days. Q. May any other person deliver liquor to another in Oregon ? A. No one but a common earner, which shall keep such records and comply with such provisions,- may deliver- such liquor; and it anvone else does it is an unlawful sale and punishable accordingly. U. W hat if the common earner knowingly delivers liquor to a minor, or to one who has not made the af fidavit, or to c& drunken person, or to one known to be ' an habitual drunkard ?v A. The agent of the common carrier shall be fined as for an illegal sale. Q. -May the lagent deliver to any other person than -. the consignee? A. No, not even to an agent of the consignee; and if he does he may be punished, excepting that common car ners may deliver ethyl alcohol to agents of wholesale druggists. y. May common earners accept any package of liquor for shipment? A. No. The packaero must be clear ly marked in plain English letters of large size in a conspicuous place with the name of the consignor, the name and address of the consignee, the quantity and kind of intoxicating liquors contained in" the package, and the place from whioh the liquor is shipped. .. Q. Wlhat if such liquor not so marked is shinDed ? A. The com mon carrier is liable for accepting it for shipment, the consignor is liable for shipping it, and liquor so shipped 'may be proceeded against before n Justice of the Peace, City Recorder, or Circuit Judge, and ordered do- stroved. ' - . ' ' Q. Mlay intoxicating liquors be sent through the U. S. mails ? A. No, This is contrary to postothce regula tions, and will be punished by the gov ernment. . Q. .Can a bill of lading or ship ping order be transferred from one person to another? A. No; and no common earner shall deliver any liquors on any transferred bill of lad ing or shipping order; land II he does he may be punished bv a fine of not more than $500, or by imprisonment in the county jail not more than Sv days. ' - ,'. Q. Can the Uw be avoided by hav ing sight drafts attached to bills of lading of liquor shipments? A. No;, for banks, individuals and 'associa tions are prohibited from handling or having anything to do with such drafts under pain of fine of not less than $25 nor more than $500, or im prisonment in the county jail not more than 90 days. , ; Nuisances, ' Search Warrants and In junctions. Q. .What is meant by "nuisances" under v the liquor law? A. All places where liquors are manufac tured, sold or given away in viola tion of law are nuisances. All resorts for drinking, and bottles, glasses, kee:s. pumps, bars and other fixtures kept in and used in buildings, vehicles, boats or other places ar enuisances. Q. What happens to the person who keeps such a nuisance? A. Ho is deemed guiltv of a misdemeanor and is punished accordingly. O. How are such nuisances dis posed of? A. The prosecuting of ficers start suit to do away with them, and perpetually enjoin their continuance. Supposing after the injunction a person violates it? A. Such per son is1 punished for contempt of court by ia fine of not less than S100 nor more than $500, or by imprisonment in the county jail not less .than 30 kdays nor more than one year, or both the fine and imprisonment and the court may also provide other pun- lsnment. Q. Suppose a tenant maintains such a nuisance; what happens to his lease? A. It is void, and his nght to possession cut once is lost. y. suppose a landlord knows such a nuisance is being maintained in his leased building and permits it ! A. If he does not try to stop it he is deemed guilty of assisting to main tain the nuisance. W. What is a search warrant un der this law,' and how is it obtained? A. It is a warrant issuing from a court ordering the officer to whom it is addressed to search the place designated as ia nuisance under this law for liquors which are being sold illegally. It is obtained by filing a complaint, charging that a place is kept as ia nuisance and that liquor is being manufactured, sold or given away therein in violation of law. Q. 'What does the officer have to do who gets the warrant? -A. He arrests the persons charged in th complaint with being the keepers, and searches the place described. If he ftiiii "liquors,- gUsses,': bottles, kegs, i...:, n ti .tfltA etioh m-onAt-ti' uuiillJa, uua etui www i'. i i he seizes them and holds them sub ject to the court's order. Q. Who signs the complaint? A. Any person having knowledge of the facts it contains. v Q. What muetv the complaint state? . A. It must be sworn to, and describe the' place to bo searched suf ficiently to identify it, ana aescnoe the liquors as well as may be.;. Q. What doos the officer do after be seizes the stuff?." A. He returns the warrant to the court, with his doinsr3 on the back in writing. and the count then proceeds as in other casa against the person arrested. 1 Q. What is done with the liquor seized? A." A notice from the court is issued within 48 hours to the per sons arrested and all others, fixing the time and place and not less than five days after for all persons having an interest in the iiquor to come to court and show why tho liquor shall, not be destroyed. Q. How is the liquor destroyed f A. By a court orden to destroy it after opportunity is given for any one to prove to the court without a jury that it was not being used unlaw fully. If the court finds it was un lawfully used, he orders the officer to destroy it; if not, he orders the officer to return it to the party claiming it. The officer must then publicly destroy it, or return it to the person to whom it is ordered returned, and report to the court his doings thereon, -. Q. Can anyone .take! the liquor from the officer before the trial ? A. No, not by any legal process. frelimlnary Examination on - Sus picion of Violations. : Q. How are we to obtaitr evidence of these violations? A. It is the duty of Sheriffs, Deputies, Mag istrates, Mayors, Marshals, Police Of- ncors, and other peace officers, who have knowledge or reasonable ground of suspicion of ia violation, to furnish the District Attorney the names and addresses of any witnesses. It is also the duty , of any good citizen to do likewise. If the officers fail or refuse to do this, they may be fined not less than $50 nor more than $600, and for feit their office. Q. What does the Distinct Attor ney do with this information? A. Ho summons the person haying the, in formation to come before him for ex amination, and he may swear such person and take his evidence In writ ing. ' Q. May he get this evidence any other way? A. Yes, he mav sum mon the person before any magistrate to give his written evidence under Oath. ' '" ' . ' v l iri. : i Q. Supposing the witness refuses to come on the subpoena, or refuses to sign his evidence or to be sworn? A. . That is a misdemeanor, and the person is fined not more than $300, or imprisoned not ; more than three months, or both fined and imprisoned: and in addition, any (magistrate may punisji any such person refusing to ,-3 sworn or to answer the questions or ito siim his testimony for contempt, and the person may be arrested and his attendance before the magistrate. compelled. : Q. If the evidence shows iah of fense, what is the next step? - A. The District Attorney must prosecute the offender by filine tho evidence and a complaint before a magistrate . or bidng the matter before the grand jury, and the person offending ia ar rested and tried as in other criminal cases. , ., Q. If the sworn evidence discloses illegal sales of liquor, by an unknown person, how do we reach it? .. A. A search warrant, is issued, the liquor seized, and a complaint filed tagamet the "unknown persons" by the prose outing officer, and a warrant issued to arrest the keepers of the place. When the persons are' arrested and come to court, they must give their real names or be punished under fictitious names. , The miscellaneous provisions, in re gard to advertising end taking orders are as follows: Q. Can 'liquor be advertised ; in Oregon after January 1, 1916? A. No. Such advertisements by signs bill boards, jn newspapers, periodicals, or in any other way, either by the owner or an agent, are prohibited. Q. How about mailing out circulars, price list and order blanks? A. This also is prohibited. - ; Q. Supposing a newspaper or other periodical publishes such an advertise men? A. Such paper is liable equally with the advertiser; and the owner of property on which a bill urd is located ia liable If . such em advertisement appears ' on the bill board. ' Q. What is the fine for this ? A. Not less han $100 nor more than $500. Q. Can a -person go around and solicit trade, and take orders and de liver the liquor himself? A. No, this is prohibited. Q. Suppose a person goes to a dance; can he take liquor for his own use? A. No. And further, he cannot have it in his possession either at a dance or dance hall or other public gathering, and if he does he maty be fined not more than S200. nr confined in the county, jail not more wian ivv aays. Q. May lodges have , liquor, 1 and some have individual lockers for their members to use to keep their own liquor. Is this' iprohtbited? , A. Certainly. . No person can, either directly or indirectly, keep or main tain, either alone or with others, any locker-room, club-room, or other similar place where liquor is kept for use, gift, barter, or sale, or for dis tribution among its members, and any person who does may be punished for it; and we can, under this law, do away with lodges having liquor for the use of their members under the nuisance" law. Q. Does anything happen to per son, firm or corporation who lease a building or place for the manufacture or sale of intoxicants? A. Yes. If the owner knowingly suffers or allows his premises to be used for such nur. pose., he is liable for the payment of all fines and costs against the person unlawfully selling, or manufacturing liquor, and the same become a line upon his premises the same as a mort gage. ' " . Q. Who must prosecute violation of the liquor law? A. It w the duty of the District Attorneys to dili- . gently prosecute all violations, -. Q.'- Who presents nuisances to the attention of the court and asks for in- junctions undri this act? A. The various district attorneys of the coun- ties of this state, and they must bring suits to forfeit all 'bonds given under the act as soon as they are broken. Q. Supposing' the prosecuting at torney fails, neglects or. refuMss to '" perform his duty;, what" happens to . him. A. .'Upon conviction of fail ure, neglect or refusal, he ii' guilty of a misdemeanor, and shall be fined", , not less than $100 nor more than $500, or shall be imprisoned in the county jail not less than ten nor more than 90 days, and any such conviction at once forfeits his office; so the prose cuting officers are at least i.'. the hands of the people, and must do their duty or .lose their jobs. , Therefore, -at the last analysis, public indiffer- : ence alone is responsible for official laxity. It .is up to you, Mr. and Mrs. Citizen. . ' ' v -': O. Sunnose the district attorney does neglect or refuse or for some reason is unable to prosecute; now shall we proceed ? A. Notify the ; trovernor who must appoint a specinl , prosecuting officer for you, and he will have the same authority as the regu- lar district attorney to prosecute vio lations of the liquor laws. Q. -. There are bound to be some district attorneys who are young aid inexperienced, and quite incapable of prosecuting against the liquor at torneys, who are always or the best. . How can such district attorneys be as sisted? A. Any citizen may em ploy an attorney to assist the district . attorney, who shall be recognized by the district attorney and the court as : associate counsel, and has equal voice with the district attorney in the prose-: secution or the violators. Q. What does the rndictment or . complaint have to contain? A. It is maue very simple. iou ao not nave to state the kind or quantity or liquor manufactured or sold. You do . not have to describe the place where -it is manufactured or sold. Simply state that A. B. naming him. ('but if identity of person selling is unknown,- . he should he charged As John Doe, whose true name is to affiant (or grand jury) unknown, unlawfully V 'manufactured (or sold) Intoxicating .; liquor on a certain date (stating it) contrary to thev statute v in such cases . made and provided, and against the peace and dignity of the State of Ore gon; Delivery of the liquor must be proved, but it is not necessary to prove it was paid for. ' 1 : ( Q. Sometimes a person may refuse to testify on the ground that his on swer might Incriminate him. A. He : must testify to all he nows, whether it would incriminate him or noj;- but . the- law 'gives him the "immunity bath," and his evidence cannot -bs L s used to convict him or anything. He . must, therefore, testify, v-- '; Q. What evidence should we have to' convict persons of ' conducting a liquor nuisance? A. The better the evidence, the surer will it result m ' conviction. v Better -get evidence of ' actual sales', or manufacturing, when lossible. , When this is not possible, less will do. The finding of liquors in the possession of one not legally authorized to sell, except in a dwel ling house, is prima facie evidence thait it is manufactured or sold un- ' lawfully. Also the finding of large ' quantities In dwellings is presumptive ' evidence of guilt. The finding of a bar ,or counter or glasses or other pharaphernalia is prima facie evdd- " ence, The finding of, U. S. revenue is facie evidence that the person is main taining a liquor nuisance. Evidence of the reputiation of the place, or as to what is being done there, is admis sible. , The fact ; that drunken men -are seen to go aWay from the place, and thait congregate about . and in the place, is admissible. , Language used about the place, and noise issu- : ing from it, is: competent evidence to prove what It is. Delivery of liquor is '--prima facie evidence xf a sale Without necessary proof , of payment., Evidence of other sales at about the saime time as 'the sale complained of is admissible. , Q.. Supposing the saloons do oilot close at midnight on December 31, V 1915;xwhat happen? A. . You should I enter complaint 'before your district ' attorney. Each sale after midnight, January 1, 1910, is a separate offense. . Q. What happens to the local op tion law when, this law goes Into effect? A. It is probably supersed- : ed at all points where it conflicts. ' Q. What is the penalty for viola tion of the provisions of the act ? A. All the punishments enumerated hereinbefore are for specific acs as sociated with this law: but he ho is rot specially punished, if he violate any of the provisions of this act, for the first offense is punished by a fine of not more than $500 or imprisoned n the county jail .not more tha.i ssi nimths, or by both fine and imprison ment. For a second violation he is fi led not less than $100 nor mo e than and iinpiisoned In the county jail not less than 30 days nor mora than : on Vjar. And for a third offense he shall he confined in the county fail for two ycirs, jnd no court can suspend nis puniuhmmt on third or any sub-se--iieM- convictioni Q. When there are suspected places; and no one is willing to testify t.r th" manufacture or sale, what steps should be taken? A. Station someone where he can watch the place. Note all who go m and out; time of going in, time of coming out; whether in a company or separately, and whether those who went in together came out together; condition when going in, also when : coming out; conversation before en tertng and after coming out. Note the date - and time of day. v Q. What should we do with this? A. Give the information to the pros ecutor so he mnj subpoena them, and use it in ouestionimr them. i Q. Should we get more pvMm ? ?ossible,have someone get in continued on Page Four)
