Decatur Daily Democrat, Volume 15, Number 32, Decatur, Adams County, 7 February 1917 — Page 3

ETATE-WIDE PROHIBIfeIION LAW IN FULL ■ >* ■ See. 1. Tie it enacted by the GPn■»ral Assembly of the stale of Indiana. ■That this act shall be deemed an ex- 1 ■erclse of the police powers of the Ktate. for the protection 01 the eco-! I nomic welfare, health, peace and ■norals of the people of the state, and ■till of its provisions shall be liberally' ■construed for the accomplishment of ■that purpose. ■I Sec. 2. Vhe words ‘ intoxicating ll■auor" as rated in this act shall be conj struct! to tnesn all malt, vinous or ■ipirituous •liquors, containing so much ■gs one-half of one per cent, of alcohol ■by volume, or any other intoxicating' ■drink, mixture or preparation of like I Ksature: and all mixtures or prepara-1 ■ions containing such intoxicating li-] ■juor, whether patented or not, rea-• Konably likely or intended to be used ■is a beverage, and all otht r beverages' ■tontaining so much as one half (till Ks one per cent, of alcohol by volume.! ■ Sec. 3. The word ' person” wher-j ■ver used in this act. shall be held! construed to mean and include | ■persons, firms and corporations, and associations of natural persons in or nuicorporat'd. whether by themselves or by a servant, or employe. 9K Sec. 4. That after the 2d day of person to manufacture, sell, bar-1 exchange, give away, furnish or I dispose of any intoxicating! or to keep any intoxicating li-' with intent to sell, barter, ex-, give awav, furnish or other-1 gjtise dispose of the same, except as the act provided: Provided, how- 1 it shall be lawful for any person; at the time of the taking effect this act shall then be the owner of in possession of spirituous- vinous Sp■■ malt liquors so manufactured in Kis state shall then be under govern-j bond in any bonded warehouse’ K this state, pursuant to and in com-1 with the act of Congress, and rules and regulations lawfully es-1 e 1 ■p-l keep in possession all such li-j SBijcrs until disposed of in the usual, of trade in original packages, WBt bottled in bond for shipment out of state into states wherein the mansale or possession of liquor, prohibited by law during such' and period as may be allowed, the laws of the United States, and lawful rule or regulation adopted Klrsuant thereto, to tax pay such li Kiers: Provided, further Such liIsmi rs shall not be kept or held with, intent to sell, barter, give away or ■ within the state of Indiana. Any »n violating this section, upon: wXL eviction, shall be fined not less than BKe hundred ($100) dollars and not, Km than five hundred ($500) dollars., d imprisoned in the county jail for, no* less than thirty (30) days nor More than six months, for the first off- nse. and shall be fined not less than two hundred ($200) dollars nor| iribic than five hundred ($500) dollars S& iintirl on din the conn' Lil not les than sixty (60) days nor more, tlfcn six (fe) months for the second or any subsequent offense. Previsions of Act. ■k'c. 5. The provisions of this act ( shall not be construed to prohibit any j person from manufacturing, for In own domestic consumption wine or. cider: or to prohibit the manufacture, of vinegar and non-intoxicating < idr i for use or sale; or to prohibit the, manufacture and sale of pure grain alcohol for medicinal, scientific or chanical purpose, or wine for sacra, mental purposes as herein provided, or to prohibit the manufacture and sale of denatured alcohol. Nor shall (St. prohibit a wholesale druggist from selling pure grain alcohol m quantities, of not less than one (1) gallon at a feme to any registered pharmacist holding a permit as herein provided or tb the officer of any public or chair | table hospital or to any medical or other college, for medical, mechanical lor scientific purposes, and only upon the written and signed application of such officer, as provided in this act. Nor shall this act be con stnjied to prohibit a person from giving intoxicating liquor to a guest in his town home which is not a place of public resort, or to prohibit a reg, feared pharmacist, if licensed and bonded as provided in this act, from selling certain intoxicating liquor so medical purposes, upon the prescrip tioni of a licensed physician, or for sacramental purposes, upon the or j der [of a clergyman, or from se in alcohol for mechanical or chemica purposes only, as herein prov e< . . Sec. 6. Any pharmacist, licensed aS Xch by the state board of phar macy, desiring to sell intoxica ing quor for medical, mechafiica or sacramental purposes, shall th st tare out a permit to do so from the clerk /of the circuit court of the county in which he desires to do business. Such pharmacist shall file his verified apph cation setting forth the particular (place where said business is oc.it.< < . that said applicant is a registered pharmacist under the laws of this state and is lawfully in taith engaged personally in the business o a pharma, Ist at the place designate!, in said application as the proprietor lor partner or If the business is owned Ihv a Corporation, that, the applicant Ils the manager of such business and that said applicant has in his said business, exclusive of Intoxicating ,quor and fixtures, a stock oi drugs tc ♦Uo ot teqqt one thousand

'sl.m)o) dollars, IL such business Is located in an Incorporated city. or. it located elsewhere, to the value of at least five hundred ($500) dollars. Said applicant shall also (He with the clerk of the circuit court a bond to the satisfaction of said clerk h> the penal sum of one thousand ($1,000) - dollars conditioned that he will not sell intoxicating liquor except as provided In this act. Said permit shall bo for the period of one year from the date of the issuance thereof and a fee of (wo and fifty hundredths ($2.50) dollars shall be charged for the some. All such fees collected by the clerk shall be paid over annually In the month of December, to the county treasurer. And it shall lie unlawful for any pharmacist to sell intoxicat-] Ing liquor until he has taken out the permit provided for in this section,’ and then only under the restrictions, and provisions in this act provided. | i Sec. 7. If at any time there shall I i be tiled with the clerk of the circuit j court of the county in which a pharmacist is doing business or with the , secretary of the state board of phar- , macy a petition setting forth that any ! pharmacist who has a permit to sell I Intoxicating liquor. Is not in, good i faith conforming to the provisions of j this act or Is guilty of violating any ! of the laws of the state regulating the sale of intoxicating liquor, or that said pharmacist is in the habit of using intoxicating liquor as a beverage, signed I by five (5) voters of such township or city requesting that the permit of; such pharmacist be cancelled, such' i clerk or secretary shall immediately I Issue an order citing such pharmacist ! to appear before the judge of the cirI cuit court, or the state board of phar ! macy, at some place within the county i in which such pharmacist is doing I I business, on a day named not more! i than thirty (30) days from the issuing I ; of such order, at which time the ques-; tion of the cancellation of such permit' shall be heard. If it is found that , such pharmacist is guilty of violating J any of the provisions of this act. such permit shall he revoked, and no per-' | mit shall be granted to such person. . firm or corporation for two (2) years thereafter. Sitch court or the state board of pharmacy shall have the I power to subpoena witnesses and require the attendance of such witnessI es. Whenever it is shown to the state board of pharmacy that the holder of any such permit has violated the proI visions of this act, said board shall i have the power to revoke such" permit. although no petition has been I tiled as provided herein. Sales of Intoxicants Regulated. I Sec. 8. A registered pharmacist - holding a permit to sell intoxicating liquors may sell pure grain alcohol for medicinal purposes, only upon the written prescription of a reputable physician in active practice and only upon the prescription provided for in section thirteen (13) of this act. Only one sale shall be made niton such prescription and for not more than one (1) quart. | Sec. 9. Any registered pharmacist' holding a permit to sell intoxicating liquors may sell pure grain alcohol to' any dentist, licensed as such by the' state board of dental examiners, or graduate veterinarian, for mechanical medicinal or antiseptic purposes, on the written application of such graduate veterinarian, or for mechinacal or scientific purposes only, upon the written application of any other per--1 son over twenty-one (21) years of I age and who is personally known to such druggist and known by him not to be a person in the habit of using’ intoxicating liquor as a beverage. Such j application must state therein the pur pose for which such liquor is desired and that it will not be used for beverj • age purposes. It shall be dated and I signed by the purchaser giving his true name and address, including! address. If any, and shall contain the’ affidavit of the person applying fori such liquor, that all statements there-! in contained are true. Any registered pharmacist is hereby authorized to , administer the oath provided for in I this section. 1 Sec. 10. Any registered pharmacist; holding a permit to sell intoxicating liquor may sell wine for sacramental purposes to the authorized officer or clergyman of any regular church or religious organization, upon an application of such officer or clerbyman giving his name and residence, and the name and location of the church or religious organization for which such wine is purchased and that such purchase is made in good faith to tensed for sacramental purposes. Such pharmacist shall file such application with the clerk of the circuit court as herein provided. I Sec. 11. Every pharmacist licensed to sell intoxicating liquor for medical. ; sacramental, mechanical or chemical purposes, shall keep in a book provided for that purpose a true and exact record of each sab’ of intoxicating liquor made by him, in or about, his place of business. Such record shall be made at the time of sale and shall show the date of sale, the name of the purchaser with his place of residence, stating the street and house number (if there be any), the kind, qualify and price of such liquor and the purpose for which it is sold, when the sale is for medical or sacramental purposes, the name of the physician Issuing the prescription or of the clergyman giving the order therefor, and, when the sale is fdr mechanical or chemical purposes, the purchaser shall be required to sign (he record of the sale in the book. Whenever any pharmacist fills a prescription for intoxicating liquor, he shall cancel the same by writing or stamping across the face thereof, in ink, the work

"cancelled,"’’with the date on whirtt It wus presented and filled, and shall keep the same on file, separate ty>m oilier prescriptions,'and no such prescription shall be filled again. Such book and all prescription! for intoxicating liquor filled shall be open to ! inspection by any prosecuting utternoy, judge, sheriff, marshal or other police officer or their representative. It shall bo unlawful for any druggist or pharmacist to fall or neglect to keep such record, or to destroy or in ntiy way alter any such record or 1 entry therein of any prescription filled, or to deny an inspection thereof to any person entitled to such insi fctlon, or to fuil or neglect to canci i any such prescription, or to refill | any prescription or to sell intoxicat--1 lug liquor for medicinal purposes ex- , cept on a written prescription of a li ensed physician, or for sacramental I purposes without an order signed by a clergyman, or for mechanical or I chemical purposes without obtaining ti e signature of the purchaser. Sec. 12. All applications and prescriptions as herein provided for shall within five (5) days after the first dry of July of each year and five (5) days after the first day of January of each year be filed with the clerk c.t the circuit court of the county in which sales are made, together with an affidavit of the pharmacist, that such record of the sales of intoxicat- ’ ir.g liquor include all such liquor sold b him during the preceding period ; of six months. Such pharmacist shall I also file setting forth the amounts and kinds of intoxicating ii- ; quor, as nearly as can be done, that i he has on hand on the day his affiI davit was made as well as the amount I and kind of intoxicating liquor he has ■ purchased or procured during the pre i ceding period of six months with the j name or names of the persons, and i their place of business from which lie 1 h:.s secured such liquor and the date 1 on which such liquor was furnished 'or secured. All such prescriptions, ■ applications and affidavits shall be k, pt by said clerk as public record ! for the period of two (2) years from 1 the date of filing thereof. Sec. 13. It shall be unlawful for any licensed physician to issue a prescription for intoxicating liquor exci pt in writing or in any case, unless ho has good reason to believe that the person for whom it is issued wilt use the same for medicinal or surgical purposes or as an antiseptic. Every prescription for intoxicating liquor shall contain the name and address of the physician, the name and quality of liquor prescribed, the name of the person for whom prescribed, the date on which the prescription is written and directions for the use of li quor so prescribed. Upon the conviction a second time of any licensed physician of a violation of the prel visions of this section, it shall be unlawful lor such physician thereafter to write any prescription or the furnishing, delivery or sale of intoxicatj ing liquor, and it shall be unlawful for j any pharmacist to knowingly fill any such prescription written or signed ! by any physician who has been conI victed the second time of a violation I of the provisions of this section. Shipments of Liquors. Sec. 14. On the outside of each package of intoxicating liquor shipped carried, or consigned for shipment, shall be printed or written the name of the consignee with his address and ! the name of the consignor with his address, the kind and quality of It- ! quor in such package, each ami all ; written or printed in the English lang ! uage. All railroad companies, express companies or common carriers shall keep in the office at which shall be I entered the information provided so: in this section, of all shipments ol , intoxicating liquor. Such record shall ; be open to the inspection of any state , county, city, town, or township officer I Any agent, officer or any employe of ’ any railroad company, express com pany or common carrier violating the provisions of this section shall be guilty ot.a misdemeanor. Sec. 15. After the second day oi April, 1918, it shall be unlawful for any person in this state to receive directly or indirectly intoxicating liquors from a common or other carrier, or for any person in this state to possess intoxicating liquors, received directly or indirectly from a common or other carrier in the state, except that such liquors have been received from such common carrier by a person holding a permit to receive intoxicating li quors, excepting also to clergymer using wine for sacramental purposes as provided for in this act. Sec. 16. Any wholesale druggist licensed pharmacist, licensed and bonded as provided for in this act or any manufacturing chemist or manufacturer using pure grain alco hoi for manufacturing or industria purposes only, or any public hospita. desiring to have transported to him or it such alcohol shall make and fib; with the clerk of the circuit court a statement in writing under oath which statement shall contain the date, the name of the applicant, the name undei which he transacts business, and il made by the agent of a corporation he shall state the name of such cor poration and the official position o: connection of the person making said statement with said firm or corpora tion. Said statement shall set out the place and the character of business and the use to be made of such alco hoi and that it is necessary from time to time to receive shipments of such alcohol and that the same is not tc be sold in violation of the laws of this state nor to be used in the preparation of any intoxicating beverage but it I

I to ho used for purposes permitted by! tiii.< act only. I non the tiling of sun-h 'statement properly sworn to with the I clerk of the circuit court, such clerk I shi'.ll Issue to the applicant n permit, j I for cne year, to receive and possess .. such liquor. Said clerk shall collect ‘ a fee of one ($1) dollar for such per- ! mit and all such fees shall be paid I over annually to the county treasurer, in the month of December. j I See. 17. The provisions of this see r relating to the shipment or having In i possession of intoxicating liquor shall i-1 not apply to shipments transported by . any common carrier of unbroken - packages of intoxicating liquor in codI tlnuous transit through this state from • | a point outside of the state to another ■ i point outside of the state. II Sec, 18. It shall be unlawful for 1 any person to make a false statemen? r to a physician or pharmacist for the r purpose of obtaining intoxicating lit quor or alcohol, or to the clerk of the I circuit court for the purpose of ob- . taining a permit for the shipment ot j ] intoxicating liquor or to any railroad, t express or trtinsiiortation company, ) I or any person, engaged in the busifiness of transporting goods, wares, and f ’ merchandise for the purpose of ob- ! I taining the shipment, transportation -1 or delivery of any intoxicating liquor.' ti Clubhouses Hit. ■| Sec. 19. It shall be unlawful for I any person to directly or indirectlv 1 keep or maintain by himself or by asIfSOCiating with others, or to in any h manner aid. assist or abet in keeping i- or maintaining any clubhouse or othtJ er place in which intoxicating liquor I- is received or kept for the purpose of t' use, gift, barter or sale or for the purs’ pose of distribution or division among ■ | the members of any club or associa- 1 e ! tion. Sec. 20. Any room, house, building,' 6 1 boat, structure or place of any kind fi i where intoxicating liquor is sold, manI ( ufactured bartered or given away in ’•I violation of law. or where persons are e l permitted to resort for the purpose ot drinking intoxicating liquor as a bcv-.ir-II - age, or any place, building or club where such liquor is kept to be drunk , r as a beverage by the members th<>rc ' of or any other persons, or any pine;’ -' where such liquor is kept for sale, s barter, or delivery In violation of the t laws of this state, and all intoxicating i: liquor and all property kept in and I used in maintaining such a place, are y hereby declared to be a common nulsr ance; and any person who maintains s or assists in maintaining such comI mon nuisance, shall be guilty of amis--4 demeanor and upon conviction shall e be fined not less than one hundred ■| ($100) dollars nor more than five huni ! dred ($500) dollars and imprisoned in < ’ the county jail for not less than third ty (30) days-nor more than six (6) -.months. And if it shall be proven ■• that the owner of any building or r premises has knowingly suffered the )• same to he used or occupied for the • sale of intoxicating liquor contrary r to the provisions of this act, such y building or premises shall be subject ti to a lien for, and may be sold to pay, r all fines and costs assessed against n the occupant of such building or prqmI ises for any violation of this act; ana ; I such lien may be enforced by civil ac- ' 'tion in any court having jurisdiction. ' I Sec. 21. The attorney-general, prosecuting attorney, or any citizen of the e' county where such nuisance as de- | fined in section twenty (20) exists, er s is kept or maintained, may maintain ; an action in the name of the state ol ] Indiana to abate and perpetually en- ; join such nuisance. The plaintiff sh„lt s not be required to give bond in such j action, and upon judgment of the court e ordering that such nuisance shall bo : abated, such court shall also order I that said room, house, building, struc. ] titre, boat or place of any kind shall bo closed for one (11 year or until the ■ owner, lessee, tenant or occupant i thereof shall give bond with sufficient surety to be approved by the court a making the order, in the penal sum of = one thousand ($1,000) dollars, pay- | able to the state of Indiana, and conI ditioned that intoxicating liquor will not thereafter be manufactured, sold, bartered or given away or furnished j or otherwise disposed of thereon or t therein or kept thereon or therein . with Intent to sell, barter, or give away or otherwise dispose of the , same, contrary to the law and that he , will pay all fines, costs and damages , that may be assessed aginst him for , any violation of this act: and in case of the violation of any condition of . such bond, the whole amount may be recovered as a penalty for the use of the county wherein the premises are situated. In all cases where any person has been convicted of a violation of the provisions of section twenty (20) of this act, and no appeal has been taken from suet convict-ion, an information or complaint may be filed in the circuit court of the county in which the offense was committed, to abate such nuisance and in any such action a certified copy of ti e records ' of such convition shall be prima facie evidence of the existence of such nuisance. i l Sec. 22. Tn case judgment is rendered in favor of the plaintiff in an action brought under the provisions of , section 7 of this act, the court, render- ! ing the same shall also render judgment for reasonable attorney’s fees in . such action in favor of the plaintiff . and against the defendant therein and .when collected shall be paid to the . attorney or the attorneys of the plaint- , iff therein. ! Sec. 23. Any person violating the , terms of such injunction as provided ' for by section twenty-ore (21) of this) . act shall be punished for contempt by a fine of not less than one hull

"j i dred ($100) dollars nor more than five hundred (ssuo) dollars and by imprisonment in the county jail of not less than thirty (30) days nor more than six (6) months and the court shall have (lie power to en'orce such injunction by such reasonable measures and means us in the judgment of the court may be necessary to prevent further violation of the same. Sec. 24. It shall be unlawful for any person, association, or corporation, either directly or indirectly, to advertise intoxicating liquor in this statu for sale or gift in any newspaper, I crlodlcal, circular, handbill or price list, or on any sign, signboard, blilbonrtf. bulletin-board, or In any manner whatsoever: or for any owner, of I fleer or person in charge of any newspaper. prciodical, sign, sign board, billboard, bulletin-board, -printing office, or any other person to publish or di tribute any matter in this state which either directly or indirectly advertises intoxicating liquor for sale or gut. I Sec. 25. If any person shall make. ' an affidavit before any mayor, justice of the peace, or judge of any epurt that such affiant has reason to believe and does believe that any person, firm or corporation has in his, or its or their possession any intoxicating llj quor which is being sold, bartered or I given away as a beverage or kept for /the purpose of ebeing sold, bartered, used or given away in violation of the laws of this state, such justice of the peace, mayor, or judge shall issue his warrant to any officer having power to serve criminal processes, and cause the premises designated in such affidavit to be searched, as In other cases where such warrants also insued as now provided for by law and in case any such liquor shall be found I in or about or upon such premises 1 the officer executing such warrant shall thereupon seize such liquor and the vessels in which they are con tained and all the implements and fixtures used or kept for such illegal selling, bartering or giving away of such intoxicating liquor and all book-, papers, bills ami letters relating tc such liquor. Liquor Seizures. Sec. 26. Liquor seized as heroin provided, and the vessels containing it and such fixtures and articles shall not be taken from the custody of the officer by writ or replevin or oth- r process while the proceedings provid ed herein are pending, and final judgment of conviction in such proceedings shall be a bar in all cases to all suits for recovery of any liquor seized or the value of the same or damages alleged to arise by reason of the seizing and the detention thereof. i Sec. 27. When such liquors, vessels and fixtures are seized as provided for in section 25 of this act. it shall be the duty of the coifft to fix the time for hearing and determining th-: purpose for which such liquor is kept. If at such hearing it is found by the court that such liquor, vessels and fixtures are kept for the purpose ot selling, bartering or disposing of intoxicating liquor in violation of the law, the court trying the case shall order the same destroyed forthwith. I Sec. 28. The payment of the United . States special tax as either a retail liquor dealer or as wholesale dealer in intoxicating liquor or the possession of such intoxicating liquor except, as in this act provided shall be held to be prima facie evidence that the nerson or persons paying said tax or the person or persons found in pox-, session of such liquor are engaged in the sale of intoxicating liquor as a ’ beverage. Sec. 29. If fluid be poured out or otherwise destroyed by the tenant or other persons when the premises are being searched, said fluid shall behold to be prima facie intoxicating liquor and intended for unlawful sale, and proof of the possession of empty bottles, kegs, cases or vessels that have contained intoxicating liquor, shall be admitted as evidence In the sale ol such liquor. Sec. 30. It shall be unlawful for any officer, agent or employe of any railroad company, express company, or other common carrier to deliver any intoxicating Jiquor to any person other than to the person to whom such intoxicating liquor is consigned, or witnout a written order in each instance hy said consignee therefor: or to deliver any intoxicating liquor to any person whomsoever where such intoxicating liquor has been consigned to a fictitious person or a person under a fictitious name. Sec. 31. Any citizen, organization or association within this state may employ an attorney to assist, the prosecuting attorney in any action or proceeding tinder this act and such attorney shall be recognized by the prosecuting attorney and the court as associate counsel in the case, and no prosecution shall be dismissed over the objection of such associate counsel until the reasons of such prosecuting attorney for such dismissal, together with the objections of such associate counsel, shall have been filed in writing, argued by counsel and fully considered by the court. Sec. 32. Any wife, child, parent, guardian, employer or other person who shall be injured in person or property, or means of support, by y any intoxicated person: or in consequence of the intoxication of any person, shall have a right of action against any person, association or corporation that illegally furnished the intoxicating liquor that caused the intoxication of such person for all damages sustained. Sec. 33. Whenever any prosecuting attorney shall be unable or shall neglect or refuse to enforce any of the

11 provisions of this act. or for any rea- • son whatsoever the provisions of this i act shall not be enforced in any conn- ’ ty, it shall be the duty of the attor- ; ney-general or the state to enforce the i same In such county, and for that pur- ' po:;u he may appoi-nt as many assistants as he sjtall see fit, and lie or his assistants shall be authorized to sign. | verify or file, and to do and perform any act that the prosecuting attorney , might lawfully do or perform; and for ■uch service lie or his assistants shad . receive the same fee that the prosecuting attorney would be entitled to ) for like service, to be taxed and col- . lected in the same manner, except that in nil eases where there shall be a conviction, and the attorney's fee . as provided for in this act shall not be paid by the defendant within thir:y (30) days after his release from jail, . the county where such conviction is . had. or if u change of venue has been 5 taken by the defendant, then the counj ty in whirl) the offense war commit- ■ ted, shall then become liable to the attorney general or his assistants : prosecuting such case, for the fee of ■ twenty-five ($25) dollars as provided, • to be paid out of the general fund of » said comity. Sec. 34. Any person called on her half of the state to testify concerning > any violation of this act, who shall , give freely and truthfully any- test!money tending in any way to incrimit nate himself, shall be immune from -1 prosecution as to any violation of this . act, growing out of or pertaining to 1 the particular transaction concerning i which he testifies. Must Remove Liquor. , Sec. 35. Within ten (10) days after I the date when this act has become I operative, every person except licensed pharmacists. wholesale druggists, t manufacturing chemists or public hos--1 pitals shall removed or cause to be removed all intoxicating liquors in his possession from the state and failure I to do so shall be prima facie evidence [ that such liquor is kept therein for , the purpose of being sold, bartered, j exchanged, given away, furnished or otherwise disposed of in violation of th ■ provisions of this act: Provided, ! however, That this section shall not , 1 apply to alcohol kept for chemical or ji manufacturing purposes, or to one (1) gallon of intoxicating liquor, other . I than beer, or twelve (12) quarts ot i beer, or all wine manufactured for his J own domestic consumption kept in his own home for domestic use, held ty i' an individual; and provided further, I that any licensed pharmacist, whole- , j sale druggist, manufacturing chemist ' or public hospital shall report to the | clerk of the circuit court within said ' ten (19) day period the kinds and ’ amount of intoxicating liquor on hand. ‘; Sec. 36. If any corporation or association shall violate any of the provisions of (his act. any officer, agent or employe thereof acting for it in any such unlawful act. or authorizing the same to be done, shall be personally guilty thereof the same as though such offio'-r. agent or employe himself had committed the offense, and shall be ’ subject to all of the fines, penalties i and imprisonments therefor. May Remove Officer. 1 Sec. 37. If any state, county, township or municipal officer, or any munt- ’ cipal police, shall fail, refuse, or negi lect to discharge any duty imposed ! upon him by law. prohibiting the mani ufacture, sale, keeping, and storing for sale of intoxicating liquor, he shall be removed from office in the manner provid- d in tkis section. Such re- ■ moved shall be made by the circuit | court of tiie county wherein such ofi li; er resides. The charges against any such officer shall be reduced to writJn: . and entered of record by the court, and a summons shall thereupon be issued hy the clerk of such court, containing a copy of the charges, and requiring the officer named therein to appear and answer the same on a day to be named therein, which summons may be served in the same manner us a summons commencing a civil action may be served, and the service must be made at least five (5) days before the return day thereof. And the court shall, without a jury, hear the charges, and upon satisfactory proof thereof, remove any such officer from the discharge of the duties of his office, and place the records, papers and prop-1 erty of his office in the possession of seme other officer or person for safe-: keeping until the vacancy is filled. ! Any vacancy created under this sets ; tion shall be filled in the manner required by law. Any citizen of the county, district or municipality, as the case may be. may .prefer and prosecute to final judgment charges for removal against any of the officers, in eluding municipal police, mentioned in this section. The word “officer,’ 1 as used herein, shall include and embrace municipal police. Either partv herein shall have the right of appeal to the supreme court of the state from the judgment, of the circuit court. I Sec. 38. Any person convicted of any violation of this act where the I ' punishment therefor Is not herein 1 specifically provided shall be punished J by a fine Os not less than fifty (SSO) j, dollars nor more than two hundred |, fifty ($250) dollars, or by imprison- a ment in the county jail for not less ii than ten (10) days nor more than b three (3) months, or by both such fine - and imprisonment. Any person con- \ victed the second time of any viola y tion of this act shall be punished by j,, a fine of not less than fifty (SSO) dol lars nor moi-e than five hundred ($500) r dollars and by imprisonment in the > county jail for not less than thirty I (30) days nor more than six (6) ‘ months; any any person convicted the I third time of any violation of the pro- f t isions of this act shall for such third i • '

and each -tibseqiieni vlolttion be fine-l not less than two hundred fifty ($266) dollars, nor more than five hundred (ssuo) dollars, ami be confined In the county jail for not less than three (3) months, nor more than one (1) year. The prosecuting attorney shall receive a fee ot twenty-five dollars ($25) for each conviction of a violation ot any of the provisions of this act. which fee shall be collected as other costs in the cuse. Promcuting attorneys having knowledge of any previous conviction of any person accused of violating this act shall in preparing complaints, Informations or indictments for subsequent offenses, allege such previous conviction therein and a certified copy of the record under seal of the clerk of any court of record shall be suffi cient evidence of any previous conviction or convictions of violation of this act. Sec. 39. If any provisions or sec tion of this act shall be held void or unconstitutional, all other provisions and all other sections of the act. which are not expressly held to be void or unconstitutional, shall continue in lull force and effect. Sec. Ii). All laws or parts of laws In conflict with this act are hereby repealed. wi nr. or nr. viiiM- or nrri ii vs*i-:<-svii:xr. State of Indfnna, County of Adams: In the Adorns Circuit Court, Novemher Term. !!'!♦). Adam .1, Eisher. exparte. No. 9133. 'l’o Martha .1. Vail. Mary Laux, Michael i’inerty. Pt* rm el la , A. Knox, John Knox. Olio Brandt. John Koch, William S-haadt, Henry Martin, Edward J. Kennvs. Etta B. Kiser. Mary Poster and Benjamin Muhlenkamp, trustee of We bash township, Jay county, Indiana. You and each of you are hereby notified that on the 4th day of I>e< ember, 19J5, Adam J. I'isher ami others filed in tile oftice of the clerk of the Adams circuit c »urt of Adams county, Indiana, their written petition praying- for the location, construction and establishment of an open drain on and along: the following: route, to-wit: Commencing: at a point about 16 rods cast and 120 rods south of the northeast corner of section nineteen (I'J), town one (1). in Mercer county. in the state of Ohio, thence running- in a westerly direction crossing the land of Peter Strahle in section twenty < 20laforesaid, thence following an open channel crossing lands of Adam J. Kisher. Regina I’.iHinskey and I’atrick Moran, all in section nineteen (19) aforesaid, thence crossing the land dividing the state of Indiana ami the state of Ohio, thence in a westerly direction crossing the southwest quarter of section twenty-seven (27), township twenty-five (25) north, range fifteen (15) east, thence in a southwesterly direction crossing the land of William 1 llarshberger and Mary Foster in the northwest quarter of section thirty-four (34), township and range aforesaid, thence crossing the southwest quarter of said section thirty-four (3 1), thence in a southwesterly direction crossing the highway dividing the counties of Adams ami Jay in the state of Indiana, thence in a southwesterly direction, a distance of about 1 ♦»<> rods and terminating in the Wabash river at a point about 30 rods east and lt>o rods south of the southwest coiner of section thirty-four <34), township twenty-five (25) north, range (15) east. That thereafter the apportionment of costs between the states was made and approved by the officials of the state of Indiana and the state of < )hio. And that thereafter pursuant to law said petition was referred to Phil L. Macklin. Noah Biberstine, and (’. L. V. Kelley, drainage commissioners therein, who filed their written report therein, with the Clerk of the Adams circuit court, on the Ist day of December. 1916. You are further notified that tiie drainage commissioners added branches to the proposed main drain, all of which are specifically described in the drainage commissioners’ report herein. You are further notified that your real estate more definitely described in the report has been assessed with benefits and that Wabash township In Jay county, Indiana, is also assessed as benefits on account of benefits to < ertatri public highways in said township. You are hereby further notified that the Adams circuit court of Adams county, Indiana, lias set and fixed '•to nd a> . Fcbriiury lit, lIH7, as tiie day for the hearing of said report and the assessments therein, and said hearing on such report ami the assessments therein will be had and held in the Adams circuit court in the City of Decatur, Adams county. Indiana. on Monday, February 19, 1917, and tin- same will he contniued from day to da\ thereafter if necessary until said hearing is completed. Dated this 3<Xth day of January, 1917. ADAM J. I'ISHER et al., exparte, Petitioners. Peterson & Moran, Attys. 31-7 o PUBLIC SALE. As 1 am going to quit farming I will offer at public auction at my resilience, 1 mile east of Peterson, near the Beerv cliurcn, or 3’/« miles west of Decatur, on the Bluffton road on Eriilay. February 23. 1917, beginning at 12 o’clock, m., the following personal property, to-wit: Four Head of Horses: Black mare, 16 years old; j bay mare, 6 years old; brown mare, 20 years old; bay mare colt, 3 years old. | Three Mead of Cattle: Brindle cow, j I) years old, calf by side by date of ! sale; black cow, 3 years old, fresh : in September; red heifer. 2 years old. fresh in May. Fifteen Head Hogs: Full blooded Duroc male hog. 1 year old; sow to farrow April 1; 13 feeding shoats, 5 of them Poland China. 2% tons of good timothy hay in mow, about 100 bu. corn in crib; about 50 bu. of seed oats, clean from mustard. Farming Implements: McCormick mower, 5 ft. cut. Rock Island hay loader, sulky Diamond plow, walking Diamond plow. Tiger cultivator. 1-horse spring cultivator. Ideal spreader, wheelbarrow, double shovel plow, spring tooth harrow, tongue truck disc barrow, 12x18 John Deere; Smith wagon and box. hay rack and beet box, spring wagon. 2 buggies, 2 fanning mills, in good shape; 4 h. p. gas engine. Quaker City feed grinder, power feed cutter, corn sheller, 800 lbs. scales, copper kettle, 2 iron kettles, sausage grinder, lard press and staffer, work harness for 3 horses, in good shape; set of buggy harness. Terms: —55.00 and under, cash; over $5.00 a credit of 9 months will bo given, the purchaser giving note with approved security and bearing G per cent interest after maturity; 4 per cent off for cash. No goods removed until settled for. JOHN T. BAKER. John Spullor. Noah Frauhiger, Auctioneers. — n — The school children attended the short course this morning and enjoyed the lectures as much ns anybody.