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(Senate File No. 125.)
[Introduced by Mr. Spirk.]
AN ACT to prohibit the fastening of bills, signs and other advertisements
or banners to bridges or culverts in the state of Nebraska.
Be It Enacted by the People of the State of Nebraska:
Section 1. Bridges—signs on-unlawful.—It is hereby declared unlawful for any person or persons whether for himself or themselves or as the agents, servant or employee of any firm, association, corporation or co-partnership to post, paste, paint, tack, fasten, or otherwise secure to any bridge or culvert in the state of Nebraska, any bills, bill-boards, signs, posters, advertisements or banners, of any matter or description whatsoever, whether of paper, metal, wood or any other composition. Provided, that nothing in this act shall be construed to prohibit road markers, designating a particular highway, being painted on bridges and culverts.
Sec. 2. Penalty.-If any person or persons, whether for himself or themselves or as the agent, servant or employee of any firm, association, corporation or co-partnership, shall be found guilty of violating any of the provisions of this act, he, she or they shall be fined in any sum not exceeding one hundred dollars and shall stand committed to the county jail until said fine and the costs of prosecution are paid or otherwise disposed of according to law.
Approved, March 23, 1917.
(House Roll No. 793.)
[Introduced by Representatives Norton, Chairman; Thomas, Waite, Flans
burg and Hostetler.]
(Special Committee on Prohibitory Amendment.)
AN ACT to regulate, restrict and prohibit the manufacture, sale, giv
ing away, barter, carriage, possession and use of malt, spirituous, vinous, alcoholic and intoxicating liquors; providing procedure for the enforcement thereof; fixing penalties for violations; providing an appropriation therefor and to repeal Sections 3844 to 3894, inclusive, of the Revised Statutes for 1913; and declaring an emergency.
Be It Enacted by the People of the State of Nebraska:
Section 1. Intoxicating liquors-definitions. The words "intoxicating liquor" or "intoxicating liquors” as used in this act, shall be construed to embrace all malt, fermented, vinous or spirituous liquors, wine, porter, beer, ale or any intoxicating drink, mixture or preparation of like nature, and all malt or brewed drinks, and all mixtures or preparations, whether patented or not, which will produce intoxication, and, in addition thereto, such liquors of a different character and not hereinbefore enumerated capable of use as a beverage containing over one-half of one per centum of alcohol. Natural persons, unincorporated associations of persons, partnerships and corporations shall be deemed persons. All forms of the pronoun “he” shall be held to stand for persons as herein defined irrespective of gender.
The term "private dwelling house” shall mean a separate dwelling with a separate door for ingress and egress exclusive of outbuildings, and used exclusively as a private residence and not connected by doors or otherwise with any place of business except doctors' Dentists and veterinary surgeons' offices and not connected with any factory, shop, warehouse, club, or other place or building. The term shall include a room or a suite of rooms actually used as a residence in an apartment house or block separated by walls from all other rooms in such building and without any door or other opening whereby a communication may be had with other rooms except doors entering into the main hallway.
Sec. 2. Prohibitions on liquors in general.-It shall be unlawful for any person to manufacture, sell, keep for sale or barter, give away, barter, exchange, transport, purchase, or to sell or barter under any pretext, any malt, spirituous, vinous and intoxicating liquors, except only certain liquors, for medicinal, mechanical, scientific or sacramental purposes by persons specially authorized in the manner and to the extent only as hereinafter provided. It shall be lawful, however, for any person to make, keep or sell sweet cider, unfermented wine, wood alcohol, and denatured alcohol, and nothing herein contained shall be construed to prevent the bona fide manufacture and sale of vinegar.
Sec. 3. Bootlegging.-It shall be unlawful for any person to, in any manner, knowingly carry, transport or deliver any intoxicating liquor to or for any person to be kept, stored, sold, furnished, given, traded or otherwise disposed of in violation of law. Sec. 4. Delivering to minors-Indians-idiots
drunkardsdipsomaniacs etc.-penalty. It shall be unlawful to give, furnish, or deliver any intoxicating liquor to be used as a beverage, to any minor, idiot, insane person, apprentice, Indian of the whole or mixed blood, or to an habitual drunkard.
Sec. 5. Intoxication a misdemeanor.-If any person shall be found in a state of intoxication, he shall be deemed guilty of a misdemeanor, and any peace officer shall without warrant take such person into custody and detain him until a complaint can be filed before a magistrate and a warrant be issued for his arrest; upon arrest if found guilty he shall for the first offense pay a fine of not less than ten nor more than fifty dollars and the costs of prosecution, or shall be imprisoned in the county jail not less than fifteen nor more than thirty days; for a second or any subsequent offense he shall be imprisoned in the county jail not less than thirty nor more than sixty days; provided the judge or magistrate before whom such person was convicted may remit all or any portion of such penalty and order the prisoner discharged on his giving information, under oath, stating when, where, and of whom he purchased or received the liquor which produced or contributed to his intoxication, and give bond in the sum of not less than fifty dollars to appear and testify against the party selling, giving or furnishing the liquor which caused or contributed to his intoxication.
Sec. 6. Drinking in public places.-Any person who shall publicly drink any intoxicating liquors on any street car, or rail
road car, or at any passenger waiting room or waiting place of any carrier of passengers, shall be guilty of a misdemeanor, punishable by a fine of ten dollars, or by imprisonment in jail not to exceed thirty days. Conductors and superintendents of waiting rooms or waiting places may exercise the powers of a police officer for the enforcement of this section.
Sec. 7. Soliciting orders-giving information.-It shall be unlawful for any person to enter into any contract for the delivery of, or to solicit, take, or receive any order in any manner whatsoever for any purchase or sale of any intoxicating liquor to be used as a beverage, or to give to any other person, for the purpose of aiding in the violation of any of the provisions of this act, any direction or information by which intoxicating liquors can or may be secured as a beverage.
Sec. 8. Advertising liquor unlawful.-It is hereby made unlawful to advertise intoxicating liquors in any public place, or within view of the public on any sign, billboard, or building, or to circulate or display posters, price lists, newspapers, periodicals, or other written or printed matter within this state, containing advertisements of any intoxicating liquors, or to circulate any price lists or order blanks for the purpose of securing orders for such liquors. Any sheriff, constable or other police officer is authorized and directed to remove any such advertisement from any sign, billboard, building or other public place when it comes to his notice.
Any person offending against the provisions of this section shall be guilty of a misdemeanor and on conviction thereof shall be punished by a fine of not less than twenty nor more than one hundred dollars for each and every violation.
Sec. 9. Signs, etc.—It shall be unlawful for the owner of any premises, or the agent, tenant, or the person in control thereof, after ten days from the taking effect of this act, to knowingly allow any letters, words, signs, pictures, or other matter advertising, purporting to advertise, or which has been used to advertise intoxicating liquors, to remain in or upon said premises.
Sec. 10. Clubs, hotels, etc.—It shall be unlawful for any club, society, or association, or combination of persons, hotel, restaurant, rooming house, boarding house, road house, boat or boat-house, or any place of public entertainment or resort, or for any of their officers, proprietors, owners, managers, members, servants or employees to keep, or to aid and abet in keeping, or to have in his or its possession, in lockers, or in any other manner, any intoxicating liquor for the purpose of barter, sale, use or gift as a beverage, or for the delivery, division, or distribution of the same in any manner whatsoever.
A “club” within the meaning of this act shall be taken to include any organization, combination of persons, or association consisting of two or more persons who shall procure or receive for sale, trade, gift, barter or distribution among themselves or others any intoxicating liquor, except religious societies or churches having such liquors for use for sacramental purposes only. Any chartered club or association of persons incorporated under the laws of this state that shall be found guilty of a violation of any of the provisions of this act, or that maintains or keeps any such place in violation of law as hereinbefore described, shall, in addition to the general penalties provided by this act, forfeit its charter, and such forfeiture shall be declared and enforced as How provided by law for such forfeiture.
Sec. 11. Possession of liquor.–Any person may purchase and keep in his possession ethyl alcohol treated as required by this act so as to be unfit for use as a beverage. It shall be unlawful for any person to have, possess or permit any intoxicating liquor to be in, upon or about any room, office, building or in any other place except in such person's private dwelling house, and except when and where and in the manner especially authorized as herein otherwise provided; and no person shall keep or possess intoxicating liquor in his private dwelling house in an apiount more than is reasonably sufficient for his personal use and needs: Provided, however, that in any action brought under the provisions of this act, or based upon complaint of any violation thereof, or in any civil action growing out of any such actions, the possession, in and of itself, of any intoxicating liquor in a private dwelling house by the person against whom the violation of the act is charged, shall constitute prima facie evidence that such liquor was kept by such person with the purpose of unlawful sale, use or disposition in violation of law.
Sec. 12. Carriers—transporting.-It shall be unlawful for any railroad company, express company, common carrier, or any other carrier or person, or any officer, agent, servant, or employe thereof, to deliver or permit, aid, or abet in delivering, or carry for the purpose of delivery, any intoxicating liquor, to any per