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son except pure ethyl alcohol to wholesale druggists, retail druggists, scientific institutions and hospitals and wine for sacramental purposes to wholesale druggists, church goods houses and to authorized representatives of churches and religious societies as provided in this act; or to any person other than the original consignee, or to deliver to any fictitious consignee or to a consignee under a fictitious name; or to any person who is known to the carrier to have violated any of the laws of Nebraska relating to intoxicating liquors during the preceding year.
No delivery shall be made unless and until the original consignee shall make and subscribe an affidavit in substance as follows:
State of Nebraska, ss.
being first duly sworn, on oath,
depose and say that I am the original consignee of a certain parcel or package containing intoxicating liquors, which is now in the possession of the following named carrier, to-wit: That said package contains the following amount and kind of liquor.. .that I have not violated any of the provisions of the laws of Nebraska relating to intoxicating liquors within twelve months last past, and I have complied with all the requirements of the law to authorize me to receive such liquor, that my business address is Nebraska, street No...
The liquors herein described are for...
(Sign full name, not initials only)
Subscribed and sworn to before me this..
Received from the above named carrier the liquors above. specified, Date..
If the applicant for said liquors is unknown to the delivering carrier, its agent, servant or employe, or if such agents, servants or employes, have reason to believe that the person
applying for said liquor is not the original and bonafide consignee, then said liquor shall not be delivered to said applicant until he shall have been identified, under oath, by a reputable person known to said agent, servant, or employe making such delivery, which identification shall be endorsed on the affidavit of the applicant aforesaid. Any person making a false statement in the affidavit or identification, as above described, shall be deemed guilty of a misdemeanor, and on conviction, shall be fined not less than fifty nor more than one hundred dollars, or be imprisoned in the county jail not less than ten nor more than sixty days. The oath aforesaid may be administered by any officer authorized to administer oaths, and for that purpose the carrier's agent, when duly designated by the carrier, if within and a resident of this state, is hereby authorized to administer oaths to persons proposing to receive such liquors.
The affidavit as above described shall be made in duplicate copy, and within ten days after the first of each month, one copy shall be filed by the carrier with the governor and one copy with the county clerk of the county in which the delivery was made. While in the possession such affidavit shall be open to public inspection.
The said county clerk shall keep for a period of three years the original affidavits thus filed in a book of record, properly indexed, in the manner in which chattel mortgages are kept, indexed and filed, said files and record to be open to public inspection.
In all cases of the sale of intoxicating liquors in which a shipment or delivery thereof is made by a common carrier or other carrier, the sale thereof shall be deemed to have been made in the county wherein the delivery thereof is made by such carrier to the consignee. A prosecution for any illegal sale of intoxicating liquor may be made in the county wherein the consignee or the consignor resides if within this state.
Sec. 13. Consignments, marking, opening.-It shall be unlawful to deliver, consign, transport or accept any intoxicating liquors destined to any point within this state, for any purpose, unless there shall be plainly and legibly inscribed on the exterior of the vessel or vessels containing such liquors, and on the exterior of the package containing the vessels in large legible letters the words "Intoxicating Liquors," and in equally plain and legible letters words indicating the use for which said liquor is intended,
whether for "medicinal, mechanical, scientific or sacramental purposes"; or to consign or receive by any fictitious name, or by any other name than the correct and true name of the consignee and consignor; and it shall be unlawful for any person, carrier, agent, or employe to open any package containing intoxicating liquors in transit, or undelivered, or to separate or divide any package or part thereof, in any manner whatsoever. Violation hereof shall constitute a misdemeanor and shall subject the offender to a fine of not less than fifty, nor more than one hundred dollars, or imprisonment in the county jail not less than thirty, nor more than sixty days, and the costs of prosecution.
Sec. 14. Same-record of shipments.-Any common or special carrier, or any person, who shall carry any intoxicating liquor into this state, or from one point or place to another point. or place, within this state, shall within ten days after the first day of each month thereafter, together with the filing of the affidavits herein before mentioned, file with the county clerk of the county in which such intoxicating liquor is delivered, and also with the governor, a statement in writing covering the preceding calendar month, setting forth the dates on which delivery of such liquor was made, the quantity and kind, the name and postoffice address of each consignor and each consignee, the place of delivery and to whom delivered. The county clerk and the governor shall keep such statements on file as public records, and said statements, or certified copies thereof, shall be admissible in evidence in any court of this state having jurisdiction of violations of this act.
Sec. 15. Wholesale druggists.-Wholesale druggists having and carrying a stock of drugs of the amount and value of twentyfive thousand dollars, and paying a special tax levied by the United States Internal Revenue Department as wholesale liquor dealer may, upon compliance with the terms of this act, sell wine for sacramental purposes to bona fide religious organizations or churches qualified to purchase the same, and pure ethyl alcohol to registered pharmacists and for scientific purposes as herein provided only. Any wholesale druggist may sell to any registered pharmacist owning or conducting a retail drug store, or actually employed in a retail drug store, pure ethyl alcohol and alcohol treated according to some formula permitted by the United States Commissioner of Internal Revenue so as to render it unfit to be used as a beverage.
Sec. 16. Manufacturer of alcohol.-Any resident of this state or any corporation authorized to transact business in this state owning and operating a plant for such purpose, and paying special taxes levied by the United States Internal Revenue Department, may upon compliance with the requirements herein provided, manufacture and sell in or out of the state ethyl alcohol for medicinal, mechanical, scientifle and other non-beverage purposes. Such sales in the state, however, to be made only to wholesale and retail druggists, scientific institutions, and hospitals authorized under the provisions of this act to handle such ethyl alcohol.
Sec. 17. Retail druggists- pharmacist. Any registered pharmacist, as herein described, may keep pure ethyl alcohol to be used by him for scientific, mechanical and medicinal purposes only and may sell and keep for sale alcohol so treated according to some formula permitted by the United States Commissioner of Internal Revenue so as to render it unfit to be used as a beverage.
Registered pharmacists, as hereinbefore described, may make uses of pure ethyl alcohol such as are permitted by the United States Commissioner of Internal Revenue without paying the special revenue tax as retail liquor dealers. Every retail druggist or registered pharmacist, to whom a permit has been issued in accordance with the provisions of this act, shall within ten days after the first day of each month make and file with the county clerk of the county in which such business is conducted, a report in writing, duly verified under oath, setting forth the amount, kind and value of all intoxicating liquors in their possession and all purchases made by them of intoxicating liquors, during the month immediately preceding.
Sec. 18. Same-reports by. Within ten days after the first day of each month, manufacturers and wholesale druggists selling intoxicating liquor as in this act provided, shall make and file with the Governor a report in writing duly verified, on forms furnished by the Governor setting forth the amount, kind and value of all intoxicating liquors in their possession, and all their transactions, purchases and sales of intoxicating liquors, during the month immediately preceding, setting out the name and locality of the purchaser and kind and quantity of liquor sold and the value of their total stock of merchandise then in trade.
Druggists-Permits to Sell
Sec. 19. Permit to sell liquor-application. Every wholesale druggist or registered pharmacist or manufacturer of alcohol before entering into the business of manufacturing, selling or keeping intoxicating liquors for the purposes herein provided, shall first secure a permit therefor from the Governor. He shall make under oath, a statement to the Governor showing the approximate value of his entire stock of merchandise, that he has not been guilty of violating any of the provisions of this act, and shall cause said application to be accompanied by the affidavit of three disinterested free-holders of the county where the business is to be carried on, stating that the applicant is a person of good reputation and standing, and that they have read his application and believe the statements therein contained are true. Thereupon the Governor, if satisfied, with the good faith and truthfulness of said application and affidavits, and that the applicant has not been guilty of any violations of this act, that no remonstrance has been filed, and sustained against the issuance of such permit, and that the provisions of this act with reference to such application have been complied with, shall, upon payment of an annual fee of two dollars by retail druggists, and ten dollars by wholesale druggists or manufacturers of alcohol, issue to such persons a permit to engage in the business of manufacturing or selling and keeping intoxicating liquors for medicinal, mechanical, scientific or sacramental purposes at wholesale, or at retail, as the case may be, under all the provisions and restrictions of this act. All fees collected by the Governor for permits shall be paid by him into the state school fund.
All permits issued by the Governor shall terminate on the first day of May next succeeding their issuance.
Sec. 20. Permit to sell liquor-notice. Every applicant for a permit to manufacture or sell ethyl alcohol or sell or keep intoxicating liquors for the purpose authorized in this act, shall, at least twenty days before said application is presented to the Governor, file with the County Judge of the county, where said place of business is located, a notice of said application.
Sec. 21. Permit to sell liquor remonstrance-petition to revoke permits. Any resident of the county where such business is located, or an officer of the state charged with the enforcement of this act, may file a remonstrance with the county judge against the issuance of such permit, or make petition to revoke