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any permit theretofore issued, alleging that the applicant for, or the holder of, such permit, is not of good reputation or standing, or alleging that he has violated or failed to comply with any of the provisions of this act. Upon the filing of such remonstrance or petition to revoke, the county judge shall inform the Governor thereof and notify the applicant for, or the holder of, the permit, and fix a time within five days for the hearing thereof, and if on the hearing of said remonstrance or petition to revoke, the applicant for a permit or holder of a permit shall be found not to be of good reputation, standing, or character, or if it be found that he has violated or failed to comply with any of the provisions of this act, judgment shall be entered. denying him the right to procure such permit, or revoking the permit if theretofore issued, and the judge shall so notify the Governor. From the judgment of the county judge either party may appeal as in other cases. It shall be unlawful for the Governor to issue a permit to any person the right to which is denied by the county judge until said judgment shall be reversed.

Sec. 22. Bonds.-Before a wholesale druggist, or registered pharmacist or manufacturer of alcohol may lawfully manufacture, sell, offer for sale, barter, or give away intoxicating liquors for the purpose aforesaid, he shall first give a bond in addition to the other provisions in this act contained, in the sum of two thousand dollars for each separate place of business, payable to the state of Nebraska, signed as surety by a duly incorporated surety company authorized by the laws of this state to transact business, or a personal bond, the surety qualifying in real estate in double the amount of the bond, to be approved by the Governor, conditioned that he will not violate any of the provisions of this act, and that he will pay all damages, fines and penalties which may be adjudged against him for a violation of the provisions of this act. Any bond taken pursuant to this section may be sued upon for the use of any person, or his legal representative, who may be injured by reason of the unlawful selling or giving away of any intoxicating liquor by such wholesale druggist, manufacturer, or registered pharmacist, as the case may be, or by his agent or servant.

The approval of said bond shall be endorsed by the Governor and filed with the county clerk of the county wherein the wholesale druggist, or registered pharmacist, or manufacturer has his place of business. Authority to sell intoxicating liquors

Ch. 187)

Excepted Uses


shall be granted only to bona fide citizens of this state or to corporations duly authorized to transact business in this state.


Sec. 23. Scientific purposes-hospitals. All persons who use alcohol in scientific laboratories or hospitals, and who are exempt from the payment of a United States Internal Revenue liquor dealers' tax therefor, and who have complied with all of the conditions required by the United States Collector of Internal Revenue, may purchase from wholesale druggists and manufacturers and keep pure ethyl alcohol for scientific purposes and for use in hospitals. It shall be unlawful for any person who uses alcohol for scientific, laboratory, or hospital purposes, as in this section described, to use or sell any part of such alcohol as an intoxicating liquor or to make therefrom any intoxicating liquor or to sell, give away, or dispose of any ethyl alcohol, or any intoxicating liquor, unless it has been so treated or combined with some other ingredient, or according to some formula permitted by the United States Commissioner of Internal Revenue, as will render it unfit to be used as a beverage.

Sec. 24. Sacramental use. It shall be unlawful for persons authorized to sell any intoxicating liquor for sacramental purposes until the proposed purchaser thereof shall make, a statement in writing that in the transaction he is the representative of a church or religious society, naming it, that he is authorized by such organization to make the purchase, that the liquor is wanted for use in their sacramental services, and that such use is according to the accepted doctrines of such church or religious society, and that such intoxicating liquors will not be used for any other purpose than that specified in such statement. Such statement shall then be deposited with the person selling such liquors and a record made of such sale as herein provided. No more than one sale may be lawfully made under one statement. Any other or different use of the intoxicating liquors by the purchaser than that named in this statement is hereby declared unlawful. Any church goods house having a stock of goods of the amount and value of twenty-five thousand dollars ($25,000.00) may manufacture and sell wine for sacramental purposes upon taking out the permit and complying with requirements of this act as in the case of wholesale druggists, and any person making a false statement for the purpose of obtaining intoxicating liquors under this section shall be deemed guilty of a violation of this act.

Sec. 25. Physicians prescriptions. Nothing in this act contained shall be taken or construed to prevent any regularly licensed and practicing physician or veterinary surgeon from using, prescribing, or issuing prescriptions, or compounding and dispensing medicines for his own patients, requiring the use of intoxicating liquors compounded with ingredients, provided the other ingredients, with which it is mixed or compounded, are of such character, and used in such quantities, as to render the same unfit for use as a beverage. All such prescriptions shall be on numbered forms, furnished, dated and signed by said physician or veterinary surgeon stating specifically the ingredients and the liquor, and giving the name of the person for whom the prescription is issued. All such prescriptions shall be kept on file by the pharmacist or physician or veterinary surgeon filling the same and open to inspection at all times during business hours to the county attorney of the county and the Governor. PROVIDED, that any such prescription issued by any such licensed veterinary surgeon shall, in addition to the requirements above set forth, state the name or names of the owner of such animal for which such prescription is issued.

Sec. 26. Dentists.-Nothing in this act shall be construed to prevent any regularly licensed and practising dentist from using ethyl alcohol for his own patients, or in his profession, when compounded with other ingredients so as to make it unfit for use as a beverage.

Sec. 27. Pharmacopoeial preparation. That the provisions of this act shall not be construed to apply to the preparation, sale, distribution, giving away, dispensing or possession of any alcoholic compound, preparation, or remedy, containing drugs, or medicines which does not contain more alcohol than is necessary for the legitimate purpose of extraction, solution, or preservation, and which contains drugs, whether singly or in compatible combination, in sufficient quantities to so medicate such compound, preparation, or remedy, as to make them medicinal preparations or compounds, and to render such compound, preparation or remedy unfit for use as a beverage; nor to mechanical, culinary, or toilet preparations which contain no more alcohol than is necessary to dissolve the oils, or extract the desired active principles and hold them in solution, provided that such compounds, preparations, remedies, perfumes, essences, extracts, and syrups, are not manufactured, bought, sold or dealt

Ch. 187)

Abatement of Buildings


in for use as a beverage or intoxicant, and provided further that such compounds, preparations, remedies, perfumes, essences, extracts, and syrups, are unfit for use as beverages.

Sec. 28. Nuisances, abatement, injunction. The whole or any part of all buildings, tenements, or places where intoxicating liquors are manufactured, sold, stored, kept for sale, or barter, or given away in violation of law, or where persons resort for purposes of drinking intoxicating liquor as a beverage, and all such intoxicating liquors, bottles, lockers, glasses, jugs, kegs, pumps, bars, containers, fixtures and other property used in maintaining such place, contrary to law or in violating any provisions of this act, are hereby declared to be common nuisances, and may be penalized, abated, and enjoined as hereinafter provided.

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Sec. 29. Same application procedure.— Whenever a nuisance is kept, maintained or exists, as defined in this act, the county attorney or any citizen of the county may maintain an action in equity in the name of the state of Nebraska upon the relation of such county attorney or citizen, to perpetually enjoin said nuisance, the person or persons conducting or maintaining the same, and the owner or agent of the building or ground upon which said nuisance exists. In such action, the court, or a judge in vacation, shall, upon the presentation of a petition therefor alleging that the nuisance complained of exists, allow a temporary writ of injunction if it shall be made to appear to the satisfaction of the court or judge that such injunction is proper, by evidence in the form of affidavit, depositions, oral testimony or otherwise, as complainant may elect, unless the court or judge, by previous order, shall have directed the form and manner in which it shall be presented, and if the complainant is a freeholder of the county, such injunction may be issued without bond, if not such a freeholder, bond for such temporary writ of injunction shall be required in an amount to be fixed by the court. Three days notice in writing shall be given the defendant of the hearing of the application, and if then continued at his instance, the writ as prayed shall be granted as a matter of course.

Sec. 30. Same-trial-dismissal. The action when brought shall be triable at the first term of court after due and timely service of the notice has been given, and in such action evidence of the general reputation of the place shall be admissable for the purpose of proving the existence of said nuisance. If the complaint is filed by a citizen, it shall not be dismissed over the

objection of the county attorney in writing or in open court. If the court is of the opinion that the action ought not to be dismissed, he may direct the county attorney to prosecute said action to judgment, and if the action is continued more than one term of court, any citizen of the county or county attorney may be substituted for the complaining party and prosecute the said action to judgment. If the action is brought by a citizen and the court finds that there was no reasonable ground or cause for said action, the costs may be taxed to such citizen.

Sec. 31. Same-violation of injunction-penalty.-In case of the violation of any injunction granted under the provisions. of this act, the court, or in vacation a judge thereof, may summarily try and punish the offender. The proceedings shall be commenced by filing with the clerk of the court an information under oath, setting out the alleged facts constituting such violations, upon which the court or judge shall cause a warrant to issue, under which the defendant shall be arrested. The trial may be had upon affidavits, or either party may demand the production and oral examination of the witnesses. A person found guilty of a violation of such injunction shall be punished by a fine of not less than two hundred or more than one thousand dollars, or by imprisonment in the county jail not less than three or more than six months, or by both fine and imprisonment.

Sec. 32. Same abatement-sale of fixtures, etc.-closing building. If the existence of a nuisance be established in an action as provided in this act, or in a criminal proceeding, an order of abatement shall be entered as a part of the judgment, in the case, which order shall direct the removal from the building or place of all fixtures, furniture, bar fixtures, and movable property used in conducting the nuisance and shall direct the sale thereof in the manner provided for the sale of chattels under execution, and shall direct that all intoxicating liquors and the receptacles in which said liquors are kept with unlawful intent shall be seized and held subject to the order of the court, and effectual closing of the building or place against its use for any purpose, and so keeping it closed a period of one year unless sooner released. If any person shall break and enter or use a building, erection or place so directed to be closed, he shall be punished as for contempt as provided in the preceding section. For removing and selling movable property, the officer shall be entitled to charge and receive the same fees as he would for levy

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