rTTE KT7XTAY ORKGOiaAN. POTlTXAyP. JANUARY 3, 1915.
1S-
PROHIBITION
BILL
READY TO SUBMIT
Draft by Committee of One
' Hundred Has 0. K. of
Other Organizations.
PROMINENT ATTORNEY WHO AIDED IN FRAMING NEW PROHIBITION BILL.
m LOOPHOLE IS BELIEF
3leasure Not Regarded as "Blue
Liw" but "Dos" Will Only
Guarantee Kffectiveness if Left
Intact by Legislators.
A bill intended to make effective the
prohibition amendment enacted by the
people of Oregon at the November elec
tion has been drarted by the legal
committee of the Committee of. One
Hundred, assisted by representatives
of the Antt-Saloon League, the Wom
an's Christian Temperance Union, the
Prohibition party and other "dry"
workers throughout the state.
The measure will be introduced at
the forthcoming session of the Leg
islature with the recommendation that
It be passed without change or amend
ment. The "dry" forces deciare that
the measure In Its present form is
sane and effective, that it would pre
serve the spirit of the amendment
passed by the people with a majority
of more than 36.000 votes and that it
would offer no loopholes through
which the law's violators could escape
with Impunity.
The "dry" forces contend, however.
that If the Legislature changes the
measure in any particular, it cannot
guarantee its effectiveness.
Iaap.r1atioa la Permitted.
The bill Is not regarded as a "blue
law." It permits the Importation of
liquor from other states for private
consumption but does not permit it to
be sold In any form within Oregon.
The only exceptions to this latter pro
vision Is made in the case of wholesale
druggists, who may sell pure grain
alcohol to retail druzgrist for use in
preparing compounds, and retail drug
gists, who may be permitted to sell
wlue. upon order of an authorised
clergyman, for sacramental uses.
Druggists aro not permitted to sell
liquor in any other manner even
upon prescription of a physician, ac
cording to the draft, and strict prohibi
tion Is prescribed against private clubs
and hotels.
The penalties are not unusually se
vere. Enforcement of the laws is
placed in the hands of the local au
thorities in each county, but other In
terested persons may employ additional
counsel at their own expense and have
such counsel vested with the authority
of the state.
Immediately after the election, when
the "dry" victory was apparent, the
Committee of One Hundred, which had
been largely Instrumental in conduct
ing the campaign, arranged to disband.
But they were requested by at least
13 members of the Legislature to con
tinue their activities and draw up a
prohibition bill. Accordingly, they ap
pointed a committee, consisting of Ar
thur M. Churchill. H. H. Esterly, Robert
J. Brock. S. Fred Wilson and A. L. Vea
xie. This committee consulted with the
various other prohibition forces, with
George M. Brown. Attorney-General-
iect. and with members of the Legisla
ture and District Attorneys in various
parts of the state.
The Prohibition party, through J. P.
Newell, state chairman, stated yester
day that It will support the measure.
At a recent meeting members of the
l'rohibttion party voted unanimously
to take this stand.
Mrs. Jennie M. Kemp, president of
he W. C T. V.. and Mrs. Henrietta M.
Brown, vice-president-at-large, have
given the measure their personal ap
proval pending formal action by a con
vention of W. C. T. U. workers In Fort
land this week, when formal indorse
ment will be sought.
"As a whole. I like the proposed law,"
writes Mrs. Kemp. "Generally speak
ing, it seems to me that every possible
point has been covered."
The Anti-Saloon League forces In
sisted that an emergency clause be at
tached to the measure. This would
have prevented a referendum. It ts
expected, however, that the Anti-Saloon
League will consent to have the
measure go to the Legislature without
the emergency clause. Inasmuch as
the amendment does not talte effect
until January 1. 1916. It is considered
by the Committee of One Hundred that
the emergency clause Is Inadvisable. If
a referendum Is desired, a special elec
tion can be held before that date.
It Is understood that the allied "wet"
Interests are preparing to submit the
legislative action to a referendum of
the people In any event.
Fall Text la Ciivra.
The measure in full Is as follows:
Be It enacted by the people of the Stale
f Oregon: ... .
B It enacted by the Legislative Assem
blv of the State of Oreion:
ttection 1. This entire, act ahall be deemed
n exerctse of the police power of the atate
fir the. protection ot the public health,
peace and morale, and all of Its provisions
ahall b. liberally construed for th. at
tainment of that purpose.
dectloa 2- The words "Intoxicating liquor"
aa ued in this ct ahall be construed to
embrar. all spirituous, malt, vinous, fer
mented or other Intoxicating- liquora: and
aJl mixtures or preparations reasonably like
ly or Intended to be used aa beverage,
which ahall contain In excess of one-half
of 1 per centum of alcohol by volume, shall
be deemed to be embraced within such
term. Independently at any other test of
th-lr Intoxicating- character; and all mix
tures, compound or preparations, whether
liquid or not. which are intended, when
mixed with water or otherwise, to produce,
br fermentation or otherwise, an Intoxi
cating liquor, shall also be deemed to be
embraced within such term.
Faction X. The term "magistrate." where
tiaed In this act. shall mean any Justice of
the I'ace. llstrkt Judge. Ju.ise of a Mu
nicipal Court or any other officer author
ised and empowered to exercise the powers
of a Justice or the yeace as provided by
the las of Ill's state.
Section . The term "prosecuting offl-r-r."
whera ued in this act. shall mean
any District Attorney or deputy or assist
ant District Attorney for any county or
counties wtthln his Jurisdiction and the
.A tt,wney -General of the state, or any as
sistant Atlorney-Ceneral. In any county for
which he may be appointed or to which he
may be assigned by the Attorncy-Oeneral
foe the purpose of enforcing any of the
provisions of this act.
Manufacture, sale mr Barter Denied.
Section .V Except as hereinafter pro
vided. It shall be unlawful for any person
to manufacture, sell or barter Intoxicating
liuuoe within this state.
Section e. The provisions of this act shall
pot ba construed to prevent anyone from
manufacturing wine or cider for .his own
domestic consumption; nor to prevent the
manufacture or sale of vinegar. non-Intoxicating
cider or unfermenlrd grape Juice,
oe of wood and denatured alcohol for art.
avtentlnc or mechanical purposes: nor to
present tha manufacture or sals at whole
sale, by any person engaged In the whole
ale drug business within this state, and
having a stock of drugs, exclusive of alco
hol, of the value of not less than llio.uVO.
to parsons In good faith engsged In the
retail drug business, of undiluted pure grain
alcohol for mechanical. pharmaceutical,
scientific or medicinal purposes, or wtne for
sacramental use by religious bodies: nor to
- prevent th sale, by registered pharmacists
laly of undiluted, pure grain alcohol for
mechanical. pharmaceutical, scientific or
med'vinal purposes, or for externsl use or
application, or of wine for sacramental use
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i-'-fr fcnvfeto'hnW!1sma1la 0 J
f J NZ V 1
If LJ asatfJ riwirwagj n' ' " t r I
I iiti-iwame" ttiifiufnur maiiantiiiiwifr-ytinin-l-'iaiTiiiiiirt-riiii-miiiiii ni snf
by religious bodies upon the written order
of a clergyman. But no pharmacist snail
sell any such alcohol except tor mechani
cal, pharmaceutical, scientific or medicinal
purposes, oi for external use or applica
tion, and In no event shall he sell such al
cohol when he has reasonable ground to
believe or suspect that it la liaeiy or in
tended to be used aa a beverage: ana no
pharmacist shall sell such alcohol unless
he or the Derson or firm by which he Is
employed, shall have operated a pharmacy
within the same municipality (or county.
If such drugstore be located outside of the
limits of any municipality) for a period of
at least one year next preceding such sale,
nor. in cities hsvlng a population of 100.
000 or over, unless he shall have a stock
of drugs exclusive of alcohol of at least
flOOv: nor unless he shall keep an alcohol
register which shall state the amount of
tha purchase, the price paid and the pur
pose for which the alcohol Is to be used,
also the personal signature and addresa of
the purchaser, which register shall at all
i k. nnn tn the lnsnectlon of any
atate. county or municipal officer upon de
mand: nor shall the provisions of this act
k .nm.tni.wi to nrevent any regularly li
censed physician. In good standing In his
profession and following the practice of
medicine aa a principal and usual calling,
from administering or providing for the
administering ot Intoxicating nquor i
patient, when tha same is actually neces
sary aa a medicine In the treatment of any
disease or malady: but nothing In this para,
graph contained shall authorise the sale of
such Intoxicating liquor oy sucii
and the giving away of auch liquor by s-jch
physician, where not thus actually neces
sary as medicine or where the same is rea
sonably likely or Intended to be used as a
beverage, shall be deemed an unlawful sale
within the meaning oi tnis act; -j
-...( -nv nhvalfkn for auch giv
ing away of liquor, the burden of proof
ahall be upon sucn mysiciau iw .
any such giving away of such liquor was
tar necessary medicinal use.
Mail Order Soliciting Barred.
Section 7. It shall be unlawful for any
person to solicit, take or receive within this
state any order for Intoxicating liquor or
make any contract for the sale of any in
toxicating liquor, except In cases where the
sale ot such liquor within the state Is per
mitted by law.
Section 8. The giving away or furnish
itit of intoxicating liquor for the purpose of
evading the provisions of this act, or any
other shift, devlcs or subterfuge whatso
ever to evade the provisions of this act
shall ba deemed an unlawful selling within
the meaning or this act
Section 8. It shall be unlawful for any
person, directly or indirectly, to keep or
maintain by himself or by associating or
combining with others, or In any manner
to aid. assist or abet in keeping or main
taining ant locker-room, clubroom or other
similar place in which Intoxicating liquoi
Is received or kept for the purpose of use.
gtft, barter or sale as a beverage, or for
distribution or division among the members
of any club or association by any means
whatsoever, and It shall be unlawful for
any person to use, barter, sell or give awnyt
or assist or abet another In bartering, sell
ing or giving away any intoxicating uquurs
so received or kept
Section 10. It shall be unlawful for any
person to carry Intoxicating liquor to any
dance or dancehall or to have Intoxicating
it hi. noKnesslnn at such dance or
dancehall. and any person who shall thus
carry intoxicating liquor to. or have the
same In his possession at such dance or
dancehall shall be deemed guilty of a mis
demeanor and upon conviction " "
n..nih.H hv fine of not more than S200. or
by imprisonment in the County Jail not
more than 60 days.
Record of Deliveries Required.
section 11- It shall be unlawful for any
minor or any habitual drunkard or any per
son other than the original consignee whose
name is marked on the package containing
the same as required by law. to receive in
toxicating liquor from any common carrier;
and it ahall be unlawful for any person to
receive any intoxicating liquor from any
other person who shall transport the same
Into this slate, or to possess the same, un-
ess such person transporting sucn ii.
Into this state be a common carrier which
keeps the records required by and otherwise
.-ii i.h tha nrnvislons of chapter 50
of tha General Laws of the State o( Ore-
ton enacted by tne legislative .
,h x-r lnin.'and it shall be unlawful for
any one person family within this state
to receive tromt any (.-uimvu v.
than five gallons of spirituous or vinous
liquors or more than 20 gallons of malt
liquors within the period of four successive
hut this shall not apply to any re
ceiving of pure grain alcohol, and any per
son who shall receive Intoxicating liquor In
violation of the provisions ot m sev-uuu
shall be deemed guilty oi a niiucu....
and upon conviction shall be punished by a
fine of not more man sou or v ""j"-'"-ment
In the County Jail not more than M
days. And it shall bo uniawiui tor
person, other man a common ' 7' V
ng such records ana computus " """
law as in this section nereinunmo
n.ilver intoxicating liquor thus trans
ported into this stale to any other person:
and nny such delivery shall be deemed an
unlawful selling within this state, within
the meaning of this act; and It shall be
unlawful for any common carrier or otner
person to deliver Intoxicating liquor to any
minor or to any person known to be a habit
ual drunkard; and it shall be unlawful fr
any common carrier or officer, agent or
employe of any common carrier to deliver
Intoxicating liquor to any other person- than
the original consignee whose name Is
marked on the package containing the same
as required by law; and It shall be unlaw
ful for a common carrier or officer, agent or
employe of any common carrier to deliver
to any one person or family . within this
state more than v gallons of spirituous
or vinous liquors or more than I'O gallons
of malt liquors within the period of four
successive weeks, but this clause ahall not
apply to delivery of pure grain alcohol and
H ahall be unlawful for any person to haul,
transport or carry on or through any street,
road or other public highway within thia
state, for the purpose of delivery to any
other person, any package containing Intoxi
cating liquor unless such package shall be
marked as required by section one of said
chapter X-0 of the General Laws of the
State of Oregon, enacted by the Legls.ative
Assembly of the year 1"13.
Deliveries Are Safeguarded.
Section 12. It rhall be unlawful for any
person to transfer, within this state, to
another person any bill of lading, shipping
receipt order or other receipt catling for
delivery of anv Intoxicating liquor; and no
common carrier, officer, agent or employe
of any common carrier shall deliver any
Intoxicating liquor to any person on such
transfer or bill of lading, shipping receipt,
order or other receipt: and any violation
of this section of this act shall be deemed
misdemeanor and any person convicted
thereof shall ho punished by a fine of not
more than Vk or by Imprisonment In the
County Jail for not more than HO days.
Section IX It shall be unlawful for any
bank Incorporated under the laws of th Is
state or any National bank or any Indi
vidual nrm or association to. present, col
lect or In any wiae handle any draft, bill
of exchange or order to pay money, to
which draft, bill of exchange or order to
nav money is sttached a bill of lading, or
order or receipt for Intoxicating liquors or
which draft is Inclosed with, connected with
or in any wav related to, directly or'lndi
rect'y any bill of lading, order or receipt
for Intoxicating liquors; and any violation
of this section of this act shall be deemed
a misdemeanor and any person convicted
thereof shell be punished -by a line of not
less than or more than .100. or by Im
prisonment tn the County Jail for not more
than 90 days.
Section 14. All premises, buildings, vehi
cles boats snd all other places where In
toxicating liquors are manufactured, sold,
bartered or given a ay. in violation of law.
or where persons are permuted to resort for
the purpose of drink Ins Intoxicating Uuuurs
VCr c3 c fan Whce.
as a beverage, or whera Intoxicating liquors
are kept for sale, barter or delivery, in vio
lation of law, and all Intoxicating liquors,
bottles, glasses, kegs, pumps, bars and other
property kept In and used In maintaining
such premises, building, vehicle, boat or
other place, are hereby declared to be a
common nuisance: and every person who
maintains or assist In maintaining sucn com
mon nuisances ahall be held guilty of a mis
demeanor and UDOn conviction shall be pun.
ished for each offense as provided in section
88 hereof for offenses under tnis acu
Prosecution Provided For.
Section 13. Any prosecuting officer or any
citixen of the county where the nuisance as
herein defined exists, or is kept, or is main
tained, may maintain a suit in the name of
the state to abate and perpetually enjoin
the same. The injunction shall be grant
ed at the commencement of the suit and
no bond shall be required. Any person
violating the term of any injunction grant
ed in such proceeding shall be punished for
contempt by a nne or not less man iw
nor more than 500 and by Imprisonment
In the County Jail for not less than 30 days
nor more than one year, in the discretion
of the court or the Judge thereof. In case
decree is rendered in favor of the plaintiff
in any suit brought under the provisions of
this section, the court rendering the same
shall also render decree for a reasonable at
torney's fee in sucn suit tn tavor oi me
ni.tnttrr and n iralnst the defendant therein.
which attorney's fee shall be taxed and col
lected as other costs therein, and be paid
when collected to the attorney or attorneys
for the plaintiff therein.
Section 16. Upon its being shown to any
court or Judge thereof that any Injunction
granted by such court or Judge, under the
provisions of the act, 4 being violated, such
court or Judge may make an order com
manding forthwith the enforcement of such
injunction bv such measures or means as
In the Judgment of the court or Judge may
be necessary to prevent further violation
of such injunction.
Section IT. If the tenant of a building
or tenement uses such premises or any part
thereof in maintaining a common nuiauu
-- h.Min defined, or knowingly permits
such use by another, such use shall render
void the lease under which he holds and
the right to possession shall revert to the
owner or lessor, who may, without process
of law. make Immediate entry upon the
premises, or may avail himself of the rem
edy provided by law for the forcible de
tention thereof.
Section 18. Anyone who knowingly per
mits any building or tenement owned or
leaaed by him or under his control, or any
part thereof, to be used In maintaining a
common nuisance. as denned In this
act or who, after being notined In
w-iin nf anrh use. omits to take
all proper measures to eject therefrom the
person or persons so usins im
be deemed guilty of assisting in the main
taining of such nuisance, .
Forfeitures Provided For.
en., in Tinon the filing of a com
plaint, information or Indictment charging
that a place Is kept or maintained as a com
mon nuisance by any person or persons and
that intoxicating liquors, bottles, glasses.
kegs, pumps, bars or otner property aro
kept or used tnerein in epius -i.inin.
mtifh tilHcn ui a common nuisance.
a warrant shall be Issued commanding the
officer to whom It is directed to arrest the
person or persons charged or described as
the keeper or Keepers, auu. m ..
place described in such complaint. Informa
tion or indictment, and to seise and take
into his custody all intoxicating liquors,
glasses, bottles, kegs, pumps, bars or other
property described in said complaint or In
.. ,i wht-h he mav find at such place,
and safely keep the same subject to the
orders of the court. The complaint or in
formation shall be supported by oath or af
firmation and shall describe tho place to be
searched with sufficient particularity to Iden
tify the same, and anati owenw 1 ,,D
i..tini Honors or other property alleged to
be used in maintaining the same, as par
ticularly as practicable: but any descrip
tion, however general, that will enable the
officer executing the warrant to identify the
property to be seized shall be deemed suf
ficient, upon tne iriurn -
the vourt shall proceed as In other cases
against the person or persons arrested.
Section 20. Whenever any intoxicating
llfiiinr or other nronertv shall be seised un
der such a warrant, whether an arrest has
been made or not, a notice shall issue with
in 48 hours after the return of the warrant
in the same manner as a summons, uirecteu
to the defendant or defendants in such ac
tion, and to all persons claiming any inter
est In the intoxicating liquors, or other
property, and fixing a time not less than
five days from the service thereof, and a
place, at which any and all persons claim
ing any Interest therein may appear and
answer the complaint made against such
Intoxicating liquors or other property, and
show cause, if any they have, why the same
shall not be adjudged a nuisance and or
dered destroyed. Such notice shall be
served upon the defendant or defendants In
such action in the same manner as a sum
mons if they be found within the juris
diction of the court, or otherwise by pub-
u,-nr!on nrenrdint to the laws governing
publication of summons in civil suits, and a
copy thereof shall also be posted In a con
spicuous place upon the premises where
such property was seized. If, at the time
for filing answer, such notice has not been
duly served, or other sufficient cause appear
therefor, the time lor answering may u,
hv the court, extended and such other no
tice issued as will supply any defect in the
previous notice and give reasonable time
and opportunity for all persons Interested
to appear and answer. At or before the
time fixed by notice, any person claiming
an interest in the intoxicating liquors, or
other property seized, may file his answer
In writing, setting up his claim thereto, and
shall thereupon be deemed a party defend
ant to the proceedings against such liquor
or other property.
The complaint or Information and answer
or answers that may be filed shall be the
only pleadings required; and at the time
fixed for answer, or any other time then to
h. ed hv the court, a trial snail do nau
in niimmarv manner before the court, sit
ting without a jury, oi tne allegations ui
the complaint or lniormanon ob"". ,
Honors or other property seized; and
whether any answer shall be filed or not, it
shall be the duty of the District Attorney
to appear and adduce eviaence in bufpwi
of such allegations.
Equipment ta Be Destroyed.
Section 21. If . the court shall find that
said Intoxicating liquors or other property,
or any part thereof, were, at the time the
complaint or Information was filed, being
used In maintaining a comftaon nuisance, he
shall adjudge forfeited so Auch thereof as
v.. .n.ll rlnri was Deine so useu. anu eunii
th officer, in whose custody it is.
publicly to destroy tne same. oo muun w
.h. intn-ricntinfir llauor or other property
as the court shall not find to have been
used in maintaining a common nuisance, he
shall order returned by the officer in whose
custody It IS, to tne place or as near J
.iKi- 1 1, ih. nlnce from which It was taken,
or delivered to the person establishing his
claim to the same. If the court shall find
that any of such liquors or other property
was at the time me comyia.un. or iww
tton' was filed, being used in maintaining
a common nuisance, and shall also find that
it was being used oy any person r,
with the notice provided for in the pre
vious section of tnis act. or oy a-ny yerouu
t i o- annwer as in saia secLiun uiu-
uuui that it was then owned or claimed
by any such person and by him knowingly
allowed to De so uscu, - - - --
der judgment against such person for the
costs of the proceedings, against the intoxi
cating liquors or other property so used or
h him. If tho court shall not find
that any of the said intoxicating liquors or
other property seized was, at the time the
complaint or information was filed, being
.. in malntainins a common nuisance, or
shall not find tnat any ot it am
used, or so owned ana auuweu
used by any person served with the notice
. i,i n. vnluntarllv becoming a party
aa aforesaid, the costs of tho proceedings
against such property shall be paid a in
other criminal cases. Either the atate or
any defendant or other person claiming the
property seizea mi "
ment of the court in any such special pro
ceeding against property seized. In the rnan-
PROPOSED PROHIBITION LAW IN A NUTSHELL.
Definition is broad enough to include not only familiar varieties of
y?1 " 1 per cent, of alcohol
inteVded af a beverage is defined as "intoxicating liquor"
Home manufacture of wines, cider or vinegar permitted-but it
CanSale of sacramental wine permitted on order of clergyman.
DruVstorescannoTsell whiskey-even on prescription of physician.
Licensed physicians may administer but not prescribe.
- lyTlZTn intended as a law evasion, forbidden.
Club locker-rooms forbidden. - f..Hnn
r.rrvlne intoxicating liquor to dance hall forbidden.
,7or?ginal consigneemay receive J.iaV&'-
No habitual drunkard may import liquor from without the stattt
Ouantitv that may be received at any one time from without the
staW within four weeks limited to five gallons spiritous or v.nou.
lirtimri and 20 irallons of malt liquors. a
Places where 1 quors are manufactured, sold or riven away be
come common nuisances. This section covers motorboats and antomo
hi lea when they are not common carriers.
A search and seixure system Is provided upon a warrant which ,
mav be obtained by any citizen from proper authorities. .....
All intoxicating liquors found in violation of law declared forfeited.
APpo7ntmeCnt of Assistant Attorney-General . assist thejoc! res
trict Attorney at a salary of not over $200 a month is provided, but
Legislature mav change flat salary to fee system.
Fines collected under this law go to the county In which coij,
victlon Is obtained. . . .
Negligent officials may be removed by civil action.
Mviw citixens may employ attorneys with their n funds to be
recognised as associate counsel In prosecuting violations. '
Prosecuting officers are authorized to swear witnesses and to
mae them s?gn their testimony. Refusal of witnesses to be sworn
is construed a misdemeanor subject to fine. . . .
Exact definition of liquor sold is not required in complaint.
Any number of offenses may be included in one complaint, and
trial be had as on one count. ....
Phans'
,aWFWes hbecom'eCe"en onprperty in which violation took place.
Copy of internal revenue stamp prima facie evidence of sale.
ner provided for tho taking of appeals in
criminal cases, except that the appeal must
be taken wltnin lu nays, units im
be by the court, for good cause shown, ex
tended; and any claimant of such property
who appeals. In order to stay th proceed
ings, must give an undertaking with two
or more sureties to th State of Oregon,
to be approved by the trial court. In a sum
of not less than $100 nor less than double
the coat adjudged against him, condi
tioned that he will prosecute his appeal
without unnecessary delay and that If judg
ment be rendered against him on appeal, he
will satisfy such judgment and costs. No
bond shall be required for an appeal by the
state, and such appeal shall stay the exe
cution of Judgment,
Damage Suits Blocked.
Section 22. Intoxicating liquors or other
property, which shall have been seised as
hereinbefore provided, shall not be taken
from the custody of the officer in whose
possession they are by any writ of replevin
or other process while the proceedings here
in provided for are pending, snd final judg
ment of conviction in such proceedings ahall
In all cases be a bar to all suits for the
recovery of any intoxicating liquors or othet
property seized or of the value of the same,
or for damage alleged to arise by reason ot
the, seizing and detention thereof.
Section 2a. All cities may provide by
ordinances for the prohibition of the sale
of Intoxicating liquors contrary to law and
the suppression ot common nuisances as
hereinbefore defined, and for the search of
premises wnere sucn common uuimlwo
maintained, and for the seizure and destruc
tion Ul Mil UIIU.W.IIUS M
glasses, kegs, pumps, bars and other prop
erty uaea or aepi i" luoiwiums - .... ...
Such ordinances may be enforced by Im
posing tor me violation w me oa... a
penalties set forth in section 88 hereof for
eacn ouense ana me iimeu, vt. - -
and shall provide for commitment until
nnes ana costs am pam. ihwoovu.i...
for violations of such ordinances it shall
not oe necessarjf lu uci,i "
plaint the kind of liquor sold or used, or
the place wnere so soia or a-ci, cavi..
where the charge Is for maintaining a com-
r.r -hall it he neceasnrv to
luon uuiiuvd, -
state the name of the person to whom sola.
Section -1. XL SUMO uo me uu.j --
trlct Attorneys in this state diligently to
prosecute any aim nu ,ei"a . ..........
of the provisions of. and otherwise to en
force, this act in meir respective wiuum",
and to bring snit upon all bonds or recog
nizances forfeited. Immediately upon the
happening of such forfeiture and to recover
the penalty therefor. If any District At
torney shall fall, neglect or refuse faith
fully to perform any duty imposed upon him
by this act. he shall be deemed guilty of a
misdemeanor and upon conviction thereof
shall be fined not less than $100 nor more
than $500. or may be Imprisoned in the
County Jail for not less than 10 days nor
more than 90 days, and such conviction shall
be a forfeiture of his office: and the court,
before whom such conviction is had. shall
at once order such forfeiture of such office,
in addition to imposing the penalty herein
before provided. -
And whenever a District Attorney shall
be unable, or shall neglect or refuse to en
force the provisions of this act in his county,
or where, from any reason whatever, the
provisions of this act shall not be enforced
In any county. It shall be the duty of the
Attorney-General to enforce the same In
such county. For that purpose he may
aaalatant A ttOmeV-Gen-
appomk ca " -
erals as he may deem necessary, who shall
be removaDie at nis pleasure,
his assistants shall be authorized to sign.
,. j m. -ii -nmniainta Informations
verily aiiu mo a.' .
and petitions and other papers, the same as
tne UlSinci Attorney i a,u.,w . - .
verify and to file, and to do and perform
any and all the acts that the District At
torney or Attorney-General may .lawfully
do or perform, I
The Attorney-General In appointing sucn
assistants shall designate the salary or other
compensation which they shall receive.
. . . .....linn however.
wnicn salary or wiuiu.-, . '
shall not exceed the sum of $200 per month
for time actually empioyea m auwi b. .......
County Receives Fines.
. A. .1, no. a fnrfattnrA nn
section ah ..iica, -
bonds, penalties or other sums collected m
... j .hi- at ahall ha naid at
prOSeCUUUUa uuuci .u,a - - ' '
once Into the county treasury to be applied
to such tunas as tne mumj
rect, but this provision shall not be con-
. .. . . i faa allnwed bv the
Strueo. w reuuiio a." ' - .
court to any attorney In an abatement or
Injunction suit to oe mua u-r i -county:
and the alary or other compensa
tion allowed by the Attorney-General to any
assistant Attorney-General appointed by
him under this act snail De paiu uj me
n - . , i .. I. nrhlnh said
UOUnty uourt ot me - - - --
assistant may be assigned, during the time
he may be mere empioyeu. n .
, i 1 ;.kn.mantl mnOA hv
penses incui-reu. iiu u.awu.- ------ -'
or under the direction of the District At
torney or Attorney-General, in obtaining or
attempting to obtain evidence, or otherwise.
In prosecuting violators or suspected viola
tors of this act. shall be paid by the County
tjourt ot mfl fuuuij nu. - " -
. l . ,, , , v. .i . - haan nfimmltted.
Snail o Mliegeu .v I ...
upon the voucner oi sam iiaun-c , :
or Attorney-General, out oi tne .enam ruuu
of said county.
.. All Officials Held AmenaDie.
.. aa t. i. ii h V. n-Hfv nf nil
section -n. ii aiiaii
Sheriffs, Deputy Sheriffs, magistrates. May
ors. Marshals, police officers and all other
peace officers of any city, town or county
having notice, knowledge or reasonable
, . . .ui.. anv vinlntinn nf the
grOUOU Ot iidih.iuu - - ,
provisions of this act to notify the District
Attorney or such county oi me " '
violation and to furnish him with the
names and addresses of any witnesses with-
. . . - i i - a aiinh nfficer bv Whom
any fact tending to show such violation can
be proved. - ll any sucn omcci ana,.
to comply wim - -" --a..,
section, he shall, upon conviction, be fined
In a sum oi not ism iuu -ov --
$500 and ,' such conviction shall be a lor
. . . - . .ariAa haid hv such oerson.
tenure m me " - - , ,
and the court before whom such trial Is
had. in addition to tne imposition me
.r....9M ahall order and adjudge the
forfeiture of his said office.
Section 21. ror any tauure u. ,e. . .
. . i .!.,... in tha enforcement
neglect ot uuaw
of any of the provisions of this act on the
part of such county, municipal or state of
ficer heroin referred to. such officer may be
removed by civil action, and such failure,
refusal or neglect of duty shall be deemed
an act done making such office forfeitable
within the meaning of paragraph numbered
two or section ooo ui wn
..... aa .... .Hi... mav emnTnv an
section -o. J v " a;, .
. ..i. anv nrnffar-.U t In officer tO
perform hi duties under this act, and such
attorney snail oe reuosi.eu -i
cer as associate counsel In such proceed-
. . ...,.lAn ahall ha dismissed
lngs; ana no pieac..w .
over the objection of such associate coun
sel until the reasons ot sucn .i.i
such dismissal, together with the objections
- ...Mi.,. nnnnaal shall have
tnereto ot such " ,
been filed in writing, argued by counsel and
considered oy tne court.
Session 29. Officers shall receive the
.am, tees and mileage for serving subpenas
Issnad by a prosecuting officer under tne
provisions of this act aa proviueu ,
ial cases. Witnesses shall receive the
. at a, llnnntiTII' ail Tim VI (led I Of
Same ieca - - - -
witnesses In cases before a J"""" ot the
Peace. Such fees shall be certified to the
County Commissioners by such prosecuting
officer and paid by the county as witness
fees for attendance before a grand Jury are
paid. All witnesses shall attend, upon
such prosecuting officer when served, with
a subpena without the payment of fees In
advance. If any prosecution begun by the
District Attorney or ii.u, ,,ej.-w....
by a citizen with the written consent or
approval of tho Attorney-General under the
provisions of this act .hall fail, the costs of
such prosecution, unless otherwise specified
herein, shall be paid by the county In which
a-.l Ant aa r- inn wn DAeUIl. ttlO
S asTtheV bills are audited and paid in
said county.
Authority Uiven untctars.
- aa t .... uMaamtlnf officer
bection oo. il -
shall be notified or have knowledge of or
reason to suspect y v,owv . ... -
the provisions ot me .;.,, ;: .
lating to intoxicating liquors, it shall be his
.... ..rtbultli diligently to Inquire Into the
facts of such violation. For such purpose
said officer may Issue his subpena for such
person or persons aa ,ie " " , j
lleve may have information or knowledge
any violation ..,..
SPECIAL TRAINS
FOR STUDENTS
VIA
Oregon Electric Ry.
jt o"-
f bin. T
k uaaw f
TO
Corvallis Eugene
O. A. C
U. OF O.
Sunday, January 3, . 1915
FOR EUGENE:
Leave North feank Station. 7:00 P.M.
Leave Jefferson-Street Depot 7:15 P.M.
Leave Salem 8:00 P.M.
Leave Albany 9:30 P.M.
ARRIVE ECGEXE 11:00P.M.
TOR CORVALLIS:
Leave North Bank Station 7:30P.M.
Leave Jefferson-Street Depot.- 7:45P.M.
Leave Salem 9:00 P.M.
Leave Albany 10:00 P.M.
ARRIVE CORVALLIS 10:30 P.M.
Stops will be made at usual points on Tenth and on Salmon
streets to take on passengers.
OREGON ELECTRIC TICKET OFFICES
10th and Stark. 6th and Stark.
10th and Morrison. North Bank Station.
Jefferson-Street Depot.
fore him. at a designated time and place
to be examinea --.-.- . ;
P-'ln?.?iIiCAr...m.mT,tla.f.SmKent
trata in earn v-unu . ,
KU by such officer alleging a viola-
Ion or mm m "" ..- - .
.ntoxicatin liquor., and may issue his ub-
Dena lor acn yereun r - ---
ESion to believe may have such if -
commanding such witnesses to be and ap-
near oeior vu - - ,
he designated in such bPe;uv . th a-
turpon.' c5" -5d aw"such subpena
.erved by the Sheriff or any Con-
ie county, ana bbhu r
Irned In the same manner that subpenas
a served and returnea in crunnia.
Each witness shall be sworn true answers
tn make to all questions propouuueu ..
touching the matters under investigation,
and the1 testimony of such witness shall be
reduced to writing and signed by the wlt-
""or the' purpose of this act any such
orosecuting officer is authorised and em
SSSrwd to. administer oath, or aff Ration.
knyanSisoUbedlenceto the subpena o such
wKneS M Th" sworn or to sign th. te.tl
nTgiien by him. or refusal to answer
.UMt " nn-lcer shal be a
mSemeanor and the person found guilty
misoemeanoi, a .,i,ia ha nunished
thereof .oau uipos
th
tu
are
by a flne of not more than 3K or by Im
prisonment In the County Jail lor not more
than three months, or by both such Hne and
imprisonment.
Any magistrate when acting under the
.iiaa. n ihi act shall have power to
adjourn such proceedings from time to
. , w., I nose nr wltnAfllM
time, to punun buvu w i m
tor coniempi ir j - -
refusal to be sworn, or to answer any ques-
. i -.Uaiua n- tn aim n In
uon put to mm "1 , -r ;:
testimony, and the attendance of such wtt
mav b com Dei led by such magistrate
by attachment.
If tns testimony r.o w.bwo- ...
- , i nmmivt-al th nrose-
an-onanse naa utseii wiu.v . .-
cuting officer shall at once prosecute the
person or pereon- .-... - -
either by bringing such testimony to . the
S aW w.on.1 1t1I-V (If DV flllnC
same together with his complaint or In-
formation against su . "i
committing such offense, in some court of
competent jurisdiction, and such testimony,
. n .In. nr nn.mnla.int
togetner wun ins miui ia..w
of the prosecuting officer, when sworn to
by him upon Information and belief, shall
have the same effect as if such Information
or complaint had been verified positively,
and thereupon a warrant shall Issue for the
arrest of such person or persons, as In
criminal cases.
"John Doe" Warrant Permissible.
section m. 1 "ie " " " r-
any witness so. taken before any prosectrt
ing officer or magistrate, as in the last pre
ceding section provided, shall disclose the
fact that intoxicating liquors are being kept
for unlawful sale or purpose, or are being
sold by an unanown peiown " i
Ucularly describing such unknown Per"n
or persons, contrary iu me i.i..o... .
act at any place, particularly describing
the' place to be searched and the property
to be seixed, as hereinafter provided, with
in such county. It shall be the duty of such
District Attorney lonnwmi .e ....
plaint or information charging such offense
as shall appear to nave ueeu v.-
gather with such statement. with some
court of competent Jurisdiction, against
such place and the unknown keepers there
of which Information or complaint, when
verified by such District Attorney upon in
formation and belief, and filed together with
such statement as aforesaid, shall have the
same effect as If such information or com
plaint had been sworn to positively; and
thereupon a warrant shall Issue, directed
to the proper officer, commanuiug uno
search the premises described In .the Infor
mation or complaint, and to seize all In
toxicating liquors and all vessels or bottles
containing the same, and arrest the keeper
or keepers tnereoi, " ea. k. - ,
sons when arraigned before the court shall
plead to his or tneir rem
and shall be tried upon such complaint t
Information, ana n .euuu ,;-T" f
punished as provided in section SS hereof
for ortenses unaer line . . - ,
..MA.iAn mav he had
before wnom sucn ,
shall also order all the property seised by
the ofiicer aa aioresaiu iu ae -
stroyed: provided, said court shall also fln
and adjudge such property was beln
SSed by the8 defendant at the time of sucl
. , .a- .ha niirniUH of UR
rfifniiu salllne- or bartering Intoxicating
liquors, a. provided I for In i this act .
thSdu" of all courts of this state, before
whom a grand Jury is summoned, l o charge
said grand Jury especially concerning this
art and to oirecx miu j -
qIre particularly into all violations of any
of tho provisions of this act.
All Court Given Authority.
. . . . Tn.ii-.. nt thn Peace. Dis
section ui). - . - tU.
trtct CourU and other courts hvin th
jurisdiction ot tne jusu . 7
Sre-lt" CourU of" III Pr.cution. for vlo-
lations ot tno iiiw.ioiu.i. - - .
c'pt when such prosecutions are for the
committing oi a leiuuj. .,.- .hl
Section 34. In prosecutions under this
act. whether oegun oy i""'""'""'
. . ,1.. i. .hail not be neces
manuiacturea or .oiu, - - lh
necessary to describe the place where the
same was manufactured or sold, except In
proserin, for the keeping and 'nt.ln
ing of a common nuisance as defined by
thf, act. or when a lien is -ought to be es
tablished against the place w hero such
liquor was illegally sold; and It shall not be
lL...n, to atate the name of the person
by whom the same w manufactureo. or
sold, nor to Stale me - -
to whom the samewas sold d It . hall
not be necessary m me ..... ----- -.rtv
state to.ail.e-e or prove that th. party
charged did. not o tne
SUCb llqUOr or naa " - - -
excentlons provided by this act.
exception, f. nrncutlons under the
law? of tS. state T relating to intoxicating
ffW, th. orosecntlng attorney may. In
any complaint, Wo i
number ST
dpr a separate com., j, .
of such complaint. Information or Indict
ment" the proceedings thereunder upon said
men i. w r ,. . ,, mam thOUffh
vided that, upon tne -,- or
"of the offense, charged In such c.m
information or indictment as he
SiTdence may warrant The failure ot tne
Jury to find tne oei""" " ... Tu.
count shall be deemed a. L ''"'.' of.'h:
offense costs, """;, and be
Jury snail report -
discharged without hav ag eed But
aV
:ISS. norb." greater thani. permitted by
the criminal iswa a "
of a single offense.
Appeal Is Permitted.
n a nnnoai m tt Runreme
Section . " . " ' ,h.
P.,irt mav be taken oy mo fimo im
fudgmet or order of the Circuit Court In
juagmeni ..,! .ct unon a
X'dwSS. for the defendant foundrd upon
a motion to quasn ' ' . . .
a Judgment of acquittal entered on a ver-
. J . a.aaa he tha. court OT OtbeT-
dlCt, WuOlS"...-..--
wise, tor tne pu r v :m .
oSn'rne.H.-r
section containeu oua.. r-", h .....
..t.AA anv rlrht of appeal which the state
may - have otherwise under the criminal
'"section 87. in any action or proceeding
under this act or under any other law re
lating to the unlawful disposition or pos
iU'sloVof intoxicating liquor no Person
nhall b excuse a irom irouw."-
inyffens. committed by another In any
aSy prosecuting officer on the ground ths
his testimony m-y mv. ....---
ch testimony shall not be m,n"
S.'iTdemeanor under th. law. o rthta .lata
sholaansof
act Shan oe " ,h.f ..cent
re,TherVTh; punUhment therefor isj
herein otherwise spectftrally pmvidMl. st.nl1
be punished by m flne of not mart than f.vM
or by Imprisonment In th County Jell noi
more than six months or by both such ftnr
and Imprisonment, In the discretion of tb
court. And for a second violation of any
of the provisions of this act, not thus other
wise herein specifically provided for, such
person shall, upoir conviction, he punished
by a fine of not less than $100 nor more
than $M0 and by Imprisonment In the
County Jail not less than 80 days nor mor
than one year. And any person who. hav
ing twice been duly convicted of vlolatm.
any of the lawn of this state prohibiting tl e
sale of intoxicating liquor, and who shall
thereafter, directly or indirectly, violate any
of the provisions of such law, shall be con
sidered a persistent violator of such law
and shall be deemed guilty of a felony and
upon conviction thereof shall be conflned in
the Stats Penitentiary at hard labor for not
more than one year: Provided that sentenr
shall not be suspended by any court or
Judge upon a second or any subsequent con
viction of any violation of this act.
Section 39. A certified transcript from the
docket of any Justice of the Pear or Dis
trict Court or a certified copy of the Journal
entry of Judgment or other proper court
record, under seal of tha clerk of any court
of record shall be prima facie evldnnre nf
any previous conviction or convictions of
violations of this act.
Physicians Not Immune.
Section 40. If any person licensed I
practice medicine or surgery or Ucened or
registered as a pharmacist under the laws
of this state shall once have been convicted
of violating any of the provisions of this
act and shall thereafter be found guilty of
further violating the provisions of this ant.
said second conviction, unless olherwlee pro.
vided by the court in Its discretion, shall
operate as a revocation of said lit-ense of
said person to practice medicine, surgery or
pharmacy, and the court or Judge before
whom said second conviction shall have
been had ahall forwurd a copy of such
Julgment to the Board of Medical Kxain
Iners Or the Stnte Hoard of Pharmacy, aa
the case may be, which shall have Issued
any such license, or such board or official
as may have authority In the matter.
Section 41. Ail fines and comb assessed
arainnt any person or persona for any vio
lations of this aot shall be a lien upon the
real property of such person or persons un
til paid, and In case any person or persons
hall let or lease any bnllrtlnge or premises
and ahall knowingly suffer the aame to be
used and occupied for the sale of Intoxi
cating liquor, contrary to the provisions of
this act, the premises so occupied and uaell
shall be subject to a linn for the payment
of all fines and costs assessed against any
such occupant for any violation of this act.
and such Hens may be enforced by civil
action in the name of tho county by any
court having Jurisdiction. Provided the
person against whom such fines or coats
are assessed may also be committed to the
Ccnnty Jail until such fines or costs are
paid.
Section 42. Jn all pronecutlnn. either
under the state law or under municipal or
dinances, for maintaining a common nui
sance as hereinbefore drflned, or In suits
or other proceedings to abate or enjoin the
same, the finding of Intoxicating liquors In
the possession of one not legally authorised
to sell tho same, except In a private dwell
ing house, not used in connection with a
placa of business, shall be prima facte evi
dence that such liquora are kept for sal
or use in violation of law; and the finding
In a place fitted up with a bar or counter
or glasses or other paraphernalia usually
connected with places where Intoxicating
liquors are sold as a beverage, or lu a place
used for the manufacture or storage of In
toxicating liquors, of a stamp or receipt
showing tho payment by any person of the
United States Internal revenue uneclal tax
for the manufacture or sale of distilled or
malt liquor at such place, for a period not
then expired, ahall be prima facie evident,
that the person or persona to whom the
same vii issued were, al Hie time of find
ing such special tax stamp, maintaining a
common nuisance at such place; and evi
dence of the general reptltstlon of the placo
designated In the complaint, information
Indictment shall be admissible to prove the
existence of feuch nulsauce.
Federal Tax Kvldene.
In all prosecutions for selling Intotlcailt.g
liquor, whether In violations of the la a
of this stale or of any municipal ordinance
If delivery of such liquor be proved It shall
not DO necessary j""
such delivery shall be prima facie evldenr-.
- . a. ... ....t. nnaa.ullim
or mucn aaie; ana ui m,u .. -evidence
of other .ales of Intoalcatlna
liquor at or about th. same lime by th
aam. person or at th. ssm. plac tn other
persons shall bo admlsslbl. a. tending tn
show th. character of th. business In which
th. defendant la en(ssod snd th. proba
bility and credibility of such testimony as
may b Introduced of th. particular .al.
or sales upon which th. stal. shall rly
for conviction; and In any such pro-ecutlon
th. Issue of any Internal revenue stamp or
receipt in mi. .eneu -
any person other than a drnlst shall h
- : j 1 1. ..,-. ..Tina La
prima lar.l. -Yiurpia ma. aa-.. w--- - -
enaagefl in in. nuimr.. -
catln liquor at the place of hu.lnesa wher.
such stamp or receipt ia i-"- -
tlm. the stamp or receipt Is In tore, and
effect A copy of auch stamp or or tns
records of th. United Bl.te.
nue officer, dopuiy or assistant harm
charm of such records or stamps c.r
tlned to by and such oirirer which
,how. that the United rtates special Honor
tax has been Phl by sny person chsrsM
with selling, bsrterlnlt. (tlvlnf away, furnl.h
Inl or otherwise dlsposlna- of InlosicaUna
"or In violation of this act ahall be
competent and prima facl. evidence that
the person whos. nam. appears on salrt
tne " 1 .,n he ..IA enrtlAad
copy' has paid a special liquor tax for th.
time stated therein.
Section 4. ii ,..e. ... ..... . -
.hall he held void and unconstitutional, n
Is hereby provided that all other parts of
th. sam. which ar. not espressly helfl to
k' aih nr uncmstltatlonal shall contlnu.
In full fore, and elt-ct. .....
Bection 44. All acta and Parts f acta
of this state In conflict with th. provision,
of this act shall bo and tho same are hem
by repealed Insofar as they ar. thus In con
flict such repeal to take effect snd become
operative from and after Ih. first
January. ll. Provided that nothlnx hweln
contained shall be construed to rell-v. any
person frnm prosecution for any vlol.t n.
shslVhave occurred prior In said first day
of January. 116. but such violation "halt b.
prosecuted and punished under th. pro
visions of said act or acts notwithstanding
auch repeal, and said act or acts shall tm
continued In force for the purpose of such
prosecution- am. "" ...
Kectlon 4j. mis .ti . nLTr
b in force from and after, the nrst day or
January, ltU.
-AA,,r.a there ar some who atllt
employ ths Iloman nose, but personally
we use something more modern.