Session Laws of Nebraska for 1917 be and it is hereby amended to read as follows:

SEC. 56. Violation, Penalty. Any person, who shall by himself or through his agent violate any of the provisions of this Act, shall, except where another penalty is otherwise expressly provided, be deemed guilty of a misdemeanor, and upon conviction thereof shall, for the first offense, be fined the sum of one hundred dollars, or be imprisoned in the . county jail not less than thirty days nor more than sixty days, and for the second offense, shall be imprisoned in the county jail not less than sixty days nor more than ninety days, and for the third and all other subsequent offenses shall be guilty of a felony, and shall be imprisoned in the penitentiary not less than six months nor more than two years, and shall in all cases pay the costs of prosecution.

In addition to the penalties of this Chapter the court shall tax as costs all money paid out by any person or officer for the cost of liquor purchased for evidence, and all such costs shall be repaid when collected to the person or officer who advanced the same.

SEC. 11. Sections to Be Considered Separately. If any section, sub-section, sentence, clause or phrase of this Act is, for any reason, held to be unconstitutional or unauthorized or in conflict with any other section, provision, part or portion of this Act, such decision shall not affect the validity of the remaining portions of this Act.

SEC. 12. Repeal. That Sections 8, 16, 19, 20, 21, 22, 27, 29, 34, 48, 49, 56, 57 and 59 of said Chapter 187 of the Laws of Nebraska for the year 1917, and Section 41 of Chapter 109 of the Session Laws of Nebraska for the year 1919, be and the same are hereby repealed.

SEC. 13. Emergency. Whereas, an emergency exists, this Act shall be in force and effect from and after its passage and approval. Approved April 18, 1921.

NEVADA

INITIATIVE LAW OF 1918-Effective December 16, 1918

NOTE: The following law was adopted by a vote of the people at the general election in November, 1918 There have been attempts to amend the law but because of the provisions of Article 19, Sec. 3 of the State Constitution providing that an initiative measure shall not be annulled, set aside .or repealed by the Legislature within three years from the date such an act takes effect the attorney general rendered an opinion holding that all the amendments were unconstitutional.

SECTION I. The word "liquors" as used in this Act shall be construed to embrace all malt, vinous or spirituous liquors, wine, porter, ale, beer or any other intoxicating drink, mixture or preparation of like nature; and all malt or brewed drinks, whether intoxicating or not, shall be deemed malt liquors within the meaning of this Act; and all liquids, mixtures or preparations, whether patented or not, which will produce intoxication, and all beverages containing so much as one-half of 1 per centum of alcohol by volume, shall be deemed spirituous liquors, and all shall be embraced in the word "liquors," as hereinafter used in this Act.

SEC. 2. Except as hereinafter provided, the manufacture, sale, keeping or storing for sale in this State, or offering or exposing for sale of liquors or absinthe or any drink compounded with absinthe, are forever prohibited in this State, except liquors manufactured prior to July first, one thousand nine hundred and sixteen, and stored in United States bonded warehouses in the custody of the United States collector of internal revenue, and the said liquors when tax paid and in transit from such warehouses to points outside of this State.

SEC. 3. Except as hereinafter provided, if any person acting for himself, or for, or through another, shall manufacture or sell or keep, store, offer or expose for sale; or solicit or receive orders for any liquors, or absinthe or any drink compounded with absinthe, he shall be deemed guilty of a misdemeanor for the first offense hereunder, and upon conviction thereof shall be fined not less than one hundred dollars nor more than one thousand dollars, and imprisoned in the county jail not less than two nor more than twelve months; and upon conviction of the same person for the second offense under this Act, he shall be guilty of a felony and be confined in the penitentiary not less than one nor more than five years; and it shall be the duty of the prosecuting attorney in all cases to ascertain whether or not the charge made is the first or second offense; and if it be a second offense, it shall be so stated in the information or indictment returned, and the prosecuting attorney shall introduce the record evidence before the trial court of said second offense, and shall not be permitted to use his discretion in charging said second offense, or in introducing evidence and proving the same on the trial; and any person, except a common carrier, who shall act as the agent or employee of such manufacturer or such seller, or person so keeping, storing, offering or

exposing for sale said liquors, or act as the agent or employee of the purchaser of such liquors, shall be deemed guilty of such manufacturing or selling, keeping, storing, offering or exposing for sale, as the case may be; and in case of a sale in which a shipment or delivery of such liquors is made by a common, or other carrier, the sale thereof shall be deemed to be made in the county wherein the delivery thereof is made by such carrier to the consignee, his agent or employee.

As information, indictment or criminal complaint for an offense committed under the provisions of this Section, shall be sufficient, which shall charge in substance and effect that within one year last past, the defendant, in the said county of ..... ..., did unlawfully manufacture, sell, offer, keep, store and expose for sale, and solicit and receive orders for liquors and absinthe, and drink compounded with absinthe, against the peace and dignity of the State of Nevada.

SEC. 4. The provisions of this Act shall not be construed to prevent anyone from manufacturing, for his own domestic consumption wine or cider; or to prevent the manufacture from fruit grown exclusively within this State of vinegar and non-intoxicating cider for use or sale; or to prevent the manufacture and sale at wholesale to druggists only of pure grain alcohol for medicinal, pharmaceutical, scientific and mechanical purposes, or wine for sacramental purposes by religious bodies; or to prevent the sale and keeping and storing for sale by druggists of pure grain alcohol for mechanical, pharmaceutical, medicinal and scientific purposes, or of wine for sacramental purposes, by religious bodies, or any United States pharmacopoeia or national formulary preparation in conformity with the Nevada pharmacy law, or any preparation which is exempted by the provisions of the national pure food law, and the sale of which does not requirę the payment of a United States liquor dealer's tax. But no druggist. shall sell any such grain alcohol except for medicinal, scientific, pharmaceutical and mechanical purposes, or wine for sacramental purposes, except as hereinafter provided, and the same shall not be sold. by such druggist for medicinal purposes, except upon a written pre scription of a physician of good standing in his profession and not of intemperate habits, or addicted to the use of any narcotic drug, prescribing the amount of alcohol, the disease or malady for which it is prescribed, and how it is to be used, the name of the person for whom prescribed, the number of previous prescriptions given by such physician to such person within the year next preceding the date of such prescription, and stating that the same is absolutely necessary for medicine, and not to be used as a beverage, and that such physician, at the time such prescription was given, made a personal examination of such person, and that such person is known to such physician to be of temperate habits and not addicted to the use of any narcotic drug, and only one sale shall be made upon such prescription, and such prescription shall be at all times kept on file by such drug

gist and open to the inspection of all State, county and municipal officers. It shall be the duty of such druggist to register in a book kept for that purpose all prescriptions from physicians mentioned in this Section, stating the name of the party for whom prescribed, the date of the prescription, the name of the physician by whom the prescription is issued, the quantity of such alcohol and the use for which prescribed, and such record shall at all times be open to the same inspection as such prescriptions.

It shall be lawful for a druggist to sell grain alcohol for pharmaceutical, scientific and mechanical purposes, or wine for sacramental purposes by religious bodies, only to any person, not a minor, and who is not of intemperate habits, or addicted to the use of narcotic drugs, who shall, at the time and place of such sale, make an affidavit in writing signed by himself before such druggist or a registered pharmacist at the time and place in the employ of such druggist, stating the quantity and the time and place and fully for what purpose and by whom such alcohol or wine is to be used; that affiant is not of intemperate habits or addicted to the use of any narcotic drug; and that such alcohol or wine is not to be used as a beverage, or for any purpose other than that stated in such affidavit. Such affidavit shall be filed and preserved by such druggist and be subject to inspection at all times by any State, county or municipal officer, and a record thereof made by such druggist in the record book mentioned in this Section, showing the date of the affidavit, by whom made, the quantity of such alcohol, or wine, and when, where, for what purpose and by whom to be used. Only one sale shall be made upon such affidavit, and only in the county where the same is made, and no greater quantity than is therein specified. For the purpose of this Act, any druggist or registered pharmacist making such sale shall have authority to administer such oath.

If any druggist, owner of a drug store, registered pharmacist, clerk or employee shall upon such prescription or affidavit, or otherwise, knowingly sell or give any such alcohol or wine to any person who is of intemperate habits or addicted to the use of any narcotic drug, or knowingly sell or give the same to anyone to be used for any purpose other than that named in said affidavit or prescription, or who shall sell or give away any liquors without such affidavit or prescription, he shall be deemed guilty of a misdemeanor and punished by fine of not less than one hundred nor more than one thousand dollars and confined in the county jail not less than thirty days nor more than twelve months. In any prosecution against a druggist, owner of a drug store, registered pharmacist, clerk or employee, for selling or giving liquor contrary to law, if a sale or gift be proven, it shall be presumed that the same was unlawful in the absence of satisfactory proof to the contrary and the presentation of such prescription or affidavit by the defendant at the time of the trial for such sale or gift, shall be sufficient to rebut the presumption arising from

the proof of such sale or gift; Provided, the jury shall believe, from all the evidence in the case, that such sale or gift was made in good faith under the belief that such prescription or affidavit and statements therein were true; and, Provided further, That such druggist, owner of a drug store, registered pharmacist, clerk or employee shall have complied with all other provisions of this Act relating to the sale or gift.

An information, indictment or criminal complaint against any druggist, registered pharmacist, clerk or employee for an offense committed under the provisions of this Section, shall be sufficient, which shall charge in substance and effect, that the defendant, within one year last past, in said County of did unlawfully sell, give, offer, expose, keep and store for sale and gift, liquors, against the peace and dignity of the State of Nevada.

SEC. 5. If any person who is of intemperate habits or addicted to the use of any narcotic drug shall make the affidavit mentioned in the preceding Section, or if any person making such affidavit shall use as a beverage, or for any purpose, or at any place other than that stated in such affidavit, or shall knowingly permit another to do so, said alcohol or wine, or any part thereof, or shall knowingly make any false statement in such affidavit, he shall be guilty of a misdemeanor and upon conviction be punished by a fine of not less than one hundred nor more than one thousand dollars, and be confined in the county jail not less than two nor more than twelve months for the first offense hereunder; and for the second offense he shall be deemed guilty of a felony and punished by confinement in the penitentiary not less than one nor more than five years.

And if any physician who is not in good standing in his profession or who is of intemperate habits, or who is addicted to the use of any narcotic drug, shall issue any such prescription as is mentioned in the last preceding Section; or if any physician shall issue such prescription without, at the time, making a personal examination of the person for whom the liquor is prescribed, or shall prescribe for any person who is in the habit of drinking to intoxication and whom he knows, or has reason to believe is in the habit of drinking to intoxication or shall give such prescription and make the statements therein. required, or any part thereof, falsely, he shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined not less than one hundred nor more than one thousand dollars and imprisoned in the county jail not less than thirty days nor more than twelve months, and in addition thereto, for the first offense under this statute, the court may, in its discretion, suspend the license of such physician for a period of six months and for each offense thereafter the court shall suspend such license for a period of six months.

SEC. 6. Every person who shall directly or indirectly keep or maintain by himself or by associating with others, or who shall in any manner aid, assist, or abet in keeping or maintaining any club house, or other place in which any liquor is received or kept for the purpose