Newspapers / The Wilmington Dispatch (Wilmington, … / Dec. 25, 1916, edition 1 / Page 3
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33 fftg Proposed Bill o f to Be entitled. An Act to the Receipt, Possession and Use of elirituous, Vinous, Fermented op ,(H.;i0i) l That it shall be unlaw ., i for ar.y railroad company, express ' wdiv or other common carrier, or ..-ir- np-pnt or emn nvflA of antr .v OIU' r . J ill! Sec. 5,-That it shall be unlawful for any person in ' this State to receive, directly or indirectly, any spirituous. ; vinous, malt, fermented or anv fntnv. Malted - a -noting uquors or eiaers or : bitters, ters. a"d t0 Secure the Enforcement . from a common or other carrier; and 0f the Laws Against the Sale and lit shall also be unlawful for any per Manufacture of .Suck Liquors and! son in this State to possess said li fters in This State. , Iquors, .or . any of them, received di- i.i''-f 1 ai v,-,.iev;njf irom a common or other car rier in tnis state. This section shall apply to such liquors for personal use as well as for other purposes and to interstate as well as intrastate ship ments or carriers-: Procided, how- ( ! any otner person, to snip ver, mai wine tor sacramental pur , anport into or to deliver in J poses; jnot to exceed three gallons dur , in any manner or by any!ing the, period of three months, may - - . w J Z 4 ' V d ftartAVAil 1 t 3 . . w !Kusuevti nuy syniiuuuH, via-1 -ciyou xnu. yusstisseu wnen or dered or received- and possessed by the pastor or other church officer, duly authorized to provide the ele ments for the celebration of the Lord's Supper by a church organization. Sec. 6r That it shall be unlawful to sell or manufacture for sale in this State vinous liquor i Provided, how ever, that a person may manufacture for consumption in his own private home five (5) gallons of wine, and no more, during a calendar year, and have the same - in his possession for such consumption. It shall also be unlaw ful to sell or otherwise dispose of, or make for sale, fermented or hard cider containing more than two per centum of alcohol, although made from fruits toxica dtiit' public street or highway ; any o& said liquors or bitters for anothWi - ; ecr;9-That it shall Cbeunlaiwful for any person, firm or corporation in. this State, in person, by letter, circu lar or other written or printed, matter! or in any other manner, to solicit or take orders in this State, for any , of, the liquors or bitters mentioned in Section 1- of this Act.; and', the inhibi tion or this Section shall apply to such liquors and bitters whether the parties intend that the same, shall be shipped into this State from outside of the : State or from one point in the ta,te to another. - If such order be in wriing, parole evidence thereof is ad missible without producing or ac counting for the absence of the orig inal; and the taking, receiving or so liciting of such orders is" within the inhabitaton -of this Section, although the orders are subject to approval by some other person, and no part of the price is paid, nor any part of the goods delivered when the order is taken. " I. Sec. 10. Whereas it is the public policy of the State , to discourage the use and consumption of the liquors land bitters named in Section 1 of this Act, and to secure the strict enforcement-of the law against the manufac ture, sale, keeping for sale or other disposition within this State, that is to say of alcoholic .spirituous, vinous or malt liquors', such as brandy, whis key, rum cider, gin, wine, and beer, and other intoxicating liquors and bit ters and all liquors and bitters prohib ited by the law of North Carolina to be manufactured, sold, received or possessed in this State; therefore, it i hereby made unlawful; (1) to ad vertise upon any street car, railroad car, or other vehicle of transportation, or at any public place or resort, or upon any sign or bill bo'ard, or by cir culars, posters, price lists, newspapers, periodicals, or otherwise within this State said liquors and bitters, or any of them ; or to advertise the manufac- PAGE-THREE a Merry Christmas and many of them. medlchieV duly - licensed physfc Stater hospitals, dental , -' surgeons, ; college, shall" authorize "any common" carrier university and State laboratories v and within the State to 'transport thev druggists may make written applica- package or parcel to -which such ptr-J, Sterchi-Bancroft Co i " We Sell It For Less. ' ' ture, sale, keeping for sale or furnish ing of any of them, or the person from rules of evidence and the practice and procedure . that pertain to injunction procedure hereunder. Any chartered club or incorporated association of persons under the laws of North Carolina that is guilty of vio lating any of the provisions of this Section, or maintains or keeps any Isuch place as hereinabove described, shall forfeiture may be declared by a proceeding in quo war rato or other appropriate action against the club or incorporated association in a court itemed or malt liquors or in r bitters of any kind from any r S ate. Territory or uisinci or -uo.i. thereto, subject to the juris i;,p'on of the United States, or from i- v foreign country, to any person, rirm or corporation within the terri jPIv. of this State, when the said li ,;o;'? or hitters, or any of them, are intended any person interested there to lie received, possessed, sold or ;.., manner used, either in the orig jiial package or "otherwise, in viola ,,,,,, (,i ilie law of this State or of i. or of any law that may here after take effect in this State. c ' That it shall be unlawful for 3nv potion, firm or corporation to ac- grown by the seller or maker on his ,lJt from corporation, companies, or land; Provided, this section shall not ;;y persons mentioned in Section 1 of prohibit the manufacture of cider from ;ajs t. any delivery of the liquors fruit for the purpose of making vine or intoxicating bitters mentioned in gar not used as a beverage; and it Section 1. or any of them, when trans- shall also be unlawful to sell or other poned into or delivered in this State wise dispose of beer, near-beer, or any jn any manner or by any means what- imitation of beer. Any liquor or bev soever from the points or places men- erage that possesses the same color, ; 1 e T-i A 4. 1 1 1 - . . . . ' e 4.4. ' 4...55.i ttoiit d ni oeuiiun j. ui tins ati, wiien uuur tiiu geuerai appearance as Deer, iwnom, or tne nrm or corporation irom uumpcieui juiisuituuu m mc tuuu tiie said person, firm or corporation or the same taste, color and general j which, or the place where, or the price j ty where the unlawful act is commit so accepting such delivery intends to appearance as beer, shall be deemed! at which, or the method by which the ( ted. - receive, possess, sell or in any manner 'to be within the inhibition of this Sec-lsame or any of them may be obtained; Sec. 13. That if any person, firm us-, in the original package of other- tion, although the same may be deemed (2) to circulate or publish any news-jor association, or corporation, shall ,vis. the said liquors or bitters, or , to be within the inhibition of this Bec ;i:iy of them, in the violation' of the tion, although the same may be non-;;iw- of this State or of this Act, or of alcoholic, and non-intoxicating, it be ; :y law that may hereafter take ef-' ing necessary to enact this Section and ft,! in this State. all provisions thereof in order to pre- Sec. 0. That it shall be unlawful for , vent evasions of the law against sell any railroad company, express com- ing malt liquors or beer, and alcoholic pany. or other common carrier, or any and intoxicating beer, officer, agent or employee of any of j Sec. 7. That it shall be unlawful for them, or any other person, to deliver any person, firm or corporation to any liquors or bitters of the kind 'men- store, keep, possess, or have in pos-tin-. f il in Section 1 of this Act (1) to ! session, or permit another to store iiny person whomsoever, when said keep, posses, or have in possession, liquors have been consigned to a fic- any of the liquors or intoxicating bit t iioiis person, form or corporation, or ters mentioned in Section 1 of this : ; a pers.-.n. firm or corporation under Act, in or 'at any fruit stand, restau ; iictitious name; or (2) to any per-, rant, store, or in any, club or club , vn. firm or corporation at any hour room of any social or fraternal organ on Sunday, or Christmas day, or the ization or any other organization or i! ay r.rc-ceding Christmas, or before associations, or in any public building v Jock- a. M. and after 5 o'clock of the State, county, or municipality P M. on any day on which delivery or district, or at any room or place nay legally be made; or (3) to any where a bowling alley or any billiard Furniture 1 tion to the Clerk ' of the Superior Court of the county; for a permit to receive by" transportation by a com mon carrier, grain alcohol intended to be used for surgical, purposes and in compounding, mixing or preserv ing medicine or medical preparations. Such permit shall then be granted by the clerk or his duty appointed dep uty, who shall affix the seal of his office thereto, and said .permit shall contain the name of the applicant to whom the shipment is to be deliv ered, the place from which the ship ment is to be made, the amount to be shipped, and the date of granting the permit. . The said permit shalr be executed in duplicate. The orig inal" shall be delivered to the appli cant to be sent by him to the shipper to be pasted '"on the outside of the package containing alcohol. ec. zu. -mat a permit, issued as mit is attached or affixed containing: only the' alcohol mentioned In said permit, and to deliver the same to ' the person, firm : or corporation ,r to which said permit was issued. , Sec. 21 That the duplicate copy;' of said permit, together wjth the ap plicpfion therefor, as . hereinbefore provided, shall be filed in the office of the Clerk of the Superior. Court! chronologically and alphabetically with regard to the name of the appll-? cant, and the application and . permit shall at all times be subject to the-. inspection of any citizen or officer of ' ; the State, county or municipality; i and for his services the Clerk of the Superior Court shall be entitled to a- . fee of fifty cents, to be paid by thef applicant. ' ." Sec. 22 That this is a supplement ; tal act and does not contemplate a'-. ;' complete revision of the laws upon above.when attached to and plainly J the subject-matter involved, and that affixed in a conspicuous place to any all acts and parts of acts heretofore package or parcel containing grain (Continued on Page Six) v perron "who is intoxicated; or (4) to c.: minor; or (5) to any person dur ing any day on which any election or primary election. State, county cr municipal, or for any other district, is held in this State, or on the day preceding the holding of any such elec tion, this inhibition to be enforced with in the territory, whether State, county or muncipal, or any other, district, for vhich the election is held; and ft liall lie unlawful for any person to feci ve or accept delivery, or acqpife possession, of any of such liquors or Id; ters mentioned in Section 1 of thi or pool table is maintained or operat ed for gain; this Section being deem ed by the Legislature ' necessary to prevent evasions of the law against the sale or -barter of such liquors, for which evasion such places furnish ready facilities, and for the preserva tion of the public "order. " And it shall also, be unlawful for any person, firm or corporation engaged in the business of selling or dealing in soft drinks or non-prohibited beverages to keep, pos sess or store on the premises any of the liquors or bitters mentioned in ter the expiration of the said ten days and after such, notice and time in such cases, the sheriff or other of ficer shall advertise such property so seized, for sale, and sell the same as provided in this Act, the proceeds' to be devoted in the manner already pre scribed, and "the said sale shall also pass all right, title and interest of ev ery person in and to the said prop erty so seized and sold . Sec. 15. That in the prosecution of violations of this Act any common carrier, or any other person or trans portation agency doing business in the State of North Carolina shall be required to produce any books, docu ments, or records in its possession, or naner neriodicai. or other nrinteii or have or keen in his. their or its nos-lunder its control, tnrowing any ngnt Written matter in which any adver-! session, any spirituous, vinous or malt (upon such prosecution, when com tisement specified in thi Section liquors in violation of any State law manded by process issued under the shall appear, or to permit any sign or j now existing or of J:his Act, or any j authority of any State or Federal bill board containing such advertise-' law that shall bereafter take effect court, and shall be required to per ment to remain upon one's premises; herein, the sheriff or other officer of mit an examination to be made of stich or to circulate any price list, order any county, city or. town, who shall j by any officer of the State whose duty blanks , or other matter for the pur- seize such liquors as provided by.it is to prosecute crime, where such pose of inducing or securing orders Chapter 44, ublic Laws of one thou-1 information is sought in the aid of any for such liquors, bitters, or any of sand nine hundred and thirteen, or by! criminal prosecution, or as the means them, no matter where located. Any any other authority provided by law, j to ferret out criminals or pefsons sheriff, constable, or police officer is is hereby authorized and required tojcnarSed with or suspected of crime. see. lb. mat no person snaii ue excused from testifying' before the grand jury or on the trial in any prose cution for any violation of this Act, or other laws of this State for the promo tion of temperance and the suppres sion of the evils of intemperance; but no disclosure or discovery made by such persons is to be used against him in any criminal or penal prosecu-J tion for or on behalf of the matters, disclosed. I Sec. 17. That in all prosecutions under this Act for unlawful shipments of liquor or bitters mentioned in Sec tion 1, the offense shall be held to have been committed in any county of the State through which or into which said liquors or bitters have been carried or transported, or in which they have been unloaded, or in which they have been delivered or conveyed for delivery; and this applies whether the said liquors and bitters are ship- authorized, and it shall be his duty, to remove any such advertisement from an sign, bill board or other pub lic place when it comes to his notice, seize and take into his custody any vessel, boat, cart, carriage, automobile, and every vehicle and beast, or either, or either, together with all the teams and he shall do so upon demand of any i used in conveying or drawing such ve citizen. And any advertisement or . hides and all appurtenance and all notice containing a picture of a brew, equipage, trapping, and other appurt ery, distillery, bottle, keg, barrel or enances of such boat, team, or vehicle, box, or other receptacle represented j and all horses or other animals or as containing any of such liquors or j things used in conveying, concealing bitterfs or designed to serve as an ad-j or removing such spirituous, vinous vertisement thereof, shall be within i or malt liquors, and safely keep the the inhibition of ' this "Section . jsame until the guilt or innocence of Sec. 11. That no liquors or bitters . the defendant has been determined of the kind mentioned in Section 1 of ! upon his trial for the violation of any this Act shall be kept in any locker 'such law making it unlawful to so Section 1 of this Act, and any sale or A't when delivery is made to any per-'storage of such prohibited liquors and son or at any time contrary to the in-1 bitters by any person engaged in thel aimnon or this Section. j business of dealing in soft drinks shall c. 4 That it shall be unlawful for ! forfeit the license of said party, wheth- any person to possess or have in pos session any spirituou, vinous, or malt liquors: Provided, however, that this er- State, county or municipal. Sec. 8. That it shall be unlawful for any person, firm, corporation or action shall not be construed tp pro-! association to receive for storage, dis hibit the possession of two quarts or kribution, or on consignment for an iss of spirituous liquor, one hundred 'other, the liquors and bitters men-PM- cent proof, or three gallons of jtioned in Section 1 of this Act, .or any malt liquors, containing not more than! of them; and it shall be unlawful for iive per centum of alcohol, for medi- any person, firm, corporation or as fhial use, or five gallons of vinous li- sociation to have or maintain any fpior for sacramental or medical use. ! warehouse or other place for-the re pm this section shall not modify or'ceiving, storing or distribution of such oif't the provisions of Section 5 re-; liquors or bitters, or any of them, for Ji'ine: to the receipt and possession of '"mors obtained from carriers. another. And it shall be uniawiui to convey or transport over or along any P GREETINGS! A fin ; - n?i a Mi ntinYTU it hici i y umsimas one point in the State to any other point in the State; the circuit court held in the county from which, through which, or to which such shipments are made, or in which delivery of any such shipment is made, shall have jurisdic tion for the trial of such violations of counties shall be vested with inquisit orial powers over violations of this Act, and the circuit judges shall call attention to this Act in charging the or other place in any social club or keep in his, their or its possession any fraternal organization, or in the club ' spirituous, vinous or malt liquors, and rooms of any association of persons, upon conviction of a violation of said and all persons carrying such liquors law, the said propertey and appurten or bitters to such clubs or lockers for ances hereinabove described shall be use therein, or keeping the same there, subject to forfeiture and all right, title shall be guilty of a violation of this and interest of all persons in and to csnH. Icoiri nrnnortv or thinf co seized fihfl.11 OO-LJUH. ' I 1" " " , .. j , , nx.i. 41,- Sec. 12. That it shall be unlawful be forfeited and lost to the State of Pea into mesu e irom oum u. t , for any person, firm, corporation or North Carolina; and it shall be the State, or shipped or transported from. association, directly or indirectly, to duty of the. sheriff or other officer keep or maintain, or in any manner to ' of any county, city, or town having aid or abet in keeping or maintaining in his possission said vessel, boat, cart, any of the following places which are j carriage, automobile and all horses and hereby declared to be unlawful drink-' other animals or things hereinabove ing places: (1) Any place or resort described so used in conveying, con- ...T I V. limimm KiftoT.c staalino- At romnvinf cin fVi HniritllOllS. mentioned in Section 1 of this Act, are vinous and malt liquors, to advertise his Act and the grand jury a . such kept to be drunk upon or about the and sell the same under the law cov premises by persons resorting therto ering the sale, of personal property un for that purpose; (2) any club roomjder execution. v, ninnn am -wanaitraet sr I Sep 14. That in the event the sher- Ul Jtlo.v.o nuci6 ii.v-v ism. i I-..-J jrv i ii.. 1 1 1 iff f nthar nftnar- o Via 11 at time, of SrailU jury Kept iur lu puxyu& ui uanC1 x oxxC, au I Sec. 18 That the provisions of this or use, or gift as a beverage, or or seizing said spirituous, vinous or malt ' alcohol distribution or division among, or fur-.liquors and other property and tiungs , duly licensed physicians, nished to, or used by members of any hereinabove described, or any of them, , g n coll ClUD or association 01 persuus uy any ictn iu ajjLui c umix paj means whatever, the said liquors and ' possession and so using said vehicles, bitters; (3) any club room or room of animals and things above described, any association of persons in which to convey, conceal or remove such said liquors and bitters, or any of them spirituous, vinous or malt liquors., he are kept or stored for the purpose of shall advertise for the owner or own- being drunk or consumed by the members to come forward and institute the j after provided: Provided, however, bers of such club or other association proper proceeding to secure possession . that notning contained in this Act of persons or their guests, or others, j of said property, and upon the failure ghall prohiDit the importation into on the premises-, or at or near the of any person to so come forward and the gtate of North Carolina, and the place where the same, or any of them, I surrender himself to the. sheriff, to the dlivery and possession in said State, are kept or stored (4) any place ad-'end that the question of whether the fnr uge in industry manufacture and jacent to or near the premises of any said property was used as set in this I artS) of any denatUred alcohol or cluti, corporation or association, or Act, my be determined, and upon thej otne'r denatured spirits, which are other combination of persons to which failure of such person to come for-. compounded and ade in accordance members or their guests, or others by ward, if an individual, in person, and,;wit htne formulae prescribed by acts the permission of the members, re- make such ilaim within thirty (30) ; of congress of the United States and university and State laboratories, j and manufacturers of medicine, when intended to be used in compounding, mixing or preserving medicines or medical preparations, or for surgical numoses. wnen ootainea as nereiii td you and yours iape Fear Mw M regulations made under authority thereof by the Treasury Department of said United States, and the Corn- sort for the purpose of drinking the days after such notce shall have ap said liquors and bitters, or any of peared 'in at least one issue of some them, that are keDt at or near such . newspaper published in the county i places. ! where such seizure was made, and af- missioner of Internal Revenue there- Any of the places herein designated, ter such, notice and time, the sheriff of, and which are not now subject to if kept or maintained, shall be and or other officer, as above described, internal revenue tax levied by the constitute an unlawful drinking place, shall advertise such property so seiz- government of the said United and the act of keeping or maintaining , ed for sale, and sell the same as pro- ( states: Provided, further, that this any such room or place shall be deem ed a separate offense for each day that it continues. vided in this Act; and the proceeds , act shall not apply to transportation derived from the sale of such prop- and possession of wines and liquors erty, after paying for the reasonable Any place or room kept or maintain-; expenses of such sale shall be paid ed in violation of the provisions of . by the sheriff to the county treasurer this Section shall be deemed a com mon nuisance and may be abated by writ of injunction issued out of a Su perior Court upon a bill filed in the name of the State by the State, At- torney-FGeneral, or any district or and be applied by the treasurer to the credit of the public school fund of said county, and the said sale shall -pass all right, title and interest of every party or person - in anl to. the said property so seized and sold. In the event no county attorney whose duty requires newspaper is published in the county, him to prosecute criminal cases op be-.notice of the sale by the sheriff or half of the State, in the county where! other officer shall be given by post in the nuisance is maintained, or by ing a notice at the cour house door ef any citizen or citizens ot such county, .the county for ten (10) days, requir such bill to be filed in the county in ing the person to come forward and which the nuisance exists. And all make claim within thirty (30) days af- required and used by hospitals and sanatoria bona fide established and maintained for the treatment of pa tients addicted to the use of liquor, morphine, opium, cocaine or other de leterious drugs, when the same are administered to patients actually in such hospitals or sanatoria for treat ment, and when the same are admin istered as an essential part of the particular system or method of treat ment and exclusively by or under the direction of a duly licensed and reg isftered physician of good moral char acter and standing. Sec. 19 That manufacturers of A Merry Christmas and jrrospero us New Year . To all our friends and patrons L Jacobi ffdw. Co, 25. Holiday Specials 2 Carloads of Apples just received. No. 1 Baldwin $430 per barrel. No. 2 Baldwins $3.50 per barrel No. 1 Yorks . . $4.50 per barrel No. 1 Winesaps $5.50 per barrel 200 boxes Oranges and Tangerines. 200 bags Irish potatoes. 1,000 bags Canadian Rutaba Turnips. 100 bags Lima Beans. 100 bags fancy onions. 100 crates Spanish Onions. London Layer Raisins, English Wal nuts, Tarragona Almonds. A very fine stock of Candies in penny goods and pails. Write, Phone or Wire us your orders. Bear Produce Company 'Phones 452-453. '' . ' . ' ' , : -- - . '. i '. vi - ' ' , - : ..' . r ' WVt ' :, , f C, .A i' . . ; XL.' V ' " 1 - ' f w.
The Wilmington Dispatch (Wilmington, N.C.)
Standardized title groups preceding, succeeding, and alternate titles together.
Dec. 25, 1916, edition 1
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