Such Doctor to same person within any period of ten days, and no such prescription shall be filled more than once. Any pharmacist filling a prescription shall, at the time, endorse upon it, over his own signature, the word "Canceled," together with the date when liquor was delivered, and then make the same a part of a record to be kept, as in this act provided. physician who issues a prescription for liquor, shall keep a record, alphabetically arranged, in the record-book mentioned in this section, which shall show the date of issue, amount prescribed, to whom issued, the purpose or ailment for which it is to be used, and directions for use, stating the amount and frequency of the dose. Any physician failing to keep such record, or altering such record, shall be guilty of a misdemeanor and punished as hereinafter in this act provided, and any physician who shall knowingly or intentionally give a prescription, except as hereinabove provided, shall be guilty of a misdemeanor and punished as hereinafter in this act provided, and upon conviction of such offense, his license to practice as such physician in this state shall be revoked. keep record; penalty meanor to addicts If any druggist, owner of a drug-store, registered pharma- Misdecist, clerk, or employee shall, upon such prescription or sell to drug affidavit, or otherwise, knowingly sell or give any such alcohol or liquor or liquor 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 any one 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 pre- Presumption sumed that the same was unlawful in the absence of satisfac- of illegality tory 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; pro- Proviso vided, 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 and also such further rules and regulations as may hereafter be prescribed by the state board of dental examiners. If any person in any way connected with such hospitals, Misdeinstitutions, bodies or board as have been hereinbefore men- when meanor, Sufficiency obtain wine for sacrament; procedure tioned shall dispense or permit to be dispensed any alcohol or liquors to any person or persons other than such as are clearly entitled to same within the purview of this act and the federal prohibition act, he shall be deemed guilty of a misdemeanor and punished as hereinbefore in this section provided. An information, indictment, or criminal complaint against Sut any physician, dentist, druggist, registered pharmacist, clerk or employee or any person or persons in any way connected with such hospitals, institutions, bodies or boards as have been hereinbefore mentioned, 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. It shall be lawful for any regularly ordained minister, who Minister may resides in the State of Nevada and who is engaged in the discharge of his duties as a minister, to purchase wines for sacramental purposes in the following manner, to wit: Said minister shall present to the attorney-general an affidavit, duly sworn to before some officer authorized by the laws of this state to administer oaths, and which affidavit shall recite the name and place of residence of the affiant, the religious denomination of which he is a minister, and that he is in good standing and regularly assigned to the performance of duties as a minister of said denomination; that he desires to purchase wine for sacramental purposes, and for no other purpose; the quantity of wine desired for such purpose shall be specified in said affidavit and a statement as to the period of time in which said wine will be used. Said affidavit must recite that affiant is not of intemperate habits or addicted to the use of any narcotic drugs, and that said wine is not to be used as a beverage. That upon the presentation and filing of said affidavit with the attorney-general, as aforesaid, the attorney-general, or a duly appointed deputy of said attorney-general, shall have power to issue a certificate of permit to the applicant to purchase an amount of wine not to exceed the quantity designated in said affidavit, and the said certificate of permit shall be sufficient authorization to said applicant to purchase said wine for sacramental purposes from any person or dealer, who is engaged in the sale of wines for sacramental purposes; provided, that said purchase and affidavit may be made, in cases of sects or denominations having no regularly ordained minister, by such parties as may be permitted to procure wines for sacramental purposes under the provisions of the federal prohibition law. Nothing in this act which makes the transportation of intoxicating liquors unlawful shall be construed to apply to the When no ordained minister transportation of intoxicating liquors for the uses and purposes made legal in this section. [Senate Bill No. 111-Senator Harrington] CHAP. 220-An Act providing for a license for the operation of motors and vehicles and other matters relating thereto. [Approved March 22, 1921] preservation roads WHEREAS, The operation of motor trucks and motor Preamble: vehicles for the carrying of large loads, at frequent inter- in interest of vals, over the roads and improved highways of this state, of good is known to rapidly destroy the said roads and improved highways so as to increase the cost of maintenance of said roads and highways, and in many instances to introduce elements of danger to the traveling public; and WHEREAS, It is necessary for the enforcement of good order and for the protection of roads and highways constructed by this state, and the counties thereof, that the state spend large sums of money for the regular supervision of such roads and highways, and for the repairs to damages done to said roads and highways; and WHEREAS, A valuable franchise is given to every person, association, or corporation, who is permitted to use the improved highways of this state for the transportation of materials or persons in any established commercial truck or passenger line, which may be given a certificate of public convenience and necessity under the laws of this state; and WHEREAS, This act is necessary for the preservation of the public safety and the support of existing institutions of the State of Nevada; now, therefore, The People of the State of Nevada, represented in Senate and Assembly, do enact as follows: for auto SECTION 1. Every person, company, association or cor- State license poration who is now or who may hereafter be permitted to truck lines use the public roads and highways of this state for the transportation of material or passengers in any established commercial truck or passenger line must procure annually a license therefor from the public service commission of the State of Nevada, and make payment for such license as hereinafter provided. SEC. 2. The said license shall be payable in advance annually and as follows for each year: For each motor vehicle or trailer operating upon any highway of the first Rates for such license of highways class, the sum of $2 for each 100 pounds of weight of said vehicle and load, based on the vehicle loaded to its capacity; for each motor vehicle or trailer operating upon any highway of the second class, the sum of $1 for each 100 pounds of weight of said vehicle and load, based on the vehicle loaded to its capacity; for each motor vehicle or trailer operating upon any highway of the third class, the sum of twenty-five cents for each 100 pounds of weight of said vehicle and load, based on the vehicle loaded to its capacity; provided, that where the established route for the transportation of materials or persons in any established commercial truck or passenger line is over roads or highways included under two or more of the classes as herein defined, in such case the annual license fee shall be based upon the class of road comprising the greatest length in such route; provided, however, that in the event the length of road of the first and second classes in such route constitute more than one-half of the total length the licensee shall pay a license of the first class or for operating upon a road or highway of the first class. Classes of highway defined. Any highway of Portland cement concrete, bituminous Three classes concrete, asphalt, or other hard surface, shall be considered a highway of the first class. Any highway with a surface of gravel, crushed rock, or shale shall be considered a highway of the second class. Any public earth, gravel, or rock road not included in the foregoing two classes is to be considered a highway of the third class. Public SEC. 3. The public service commission of this state shall prepare, have printed, and issue, as herein provided, said licenses, duly signed by the chairman thereof, and do all issue licenses things necessary for the proper enforcement of this act. service commission to distributed SEC. 4. All moneys collected for licenses under the proviMoneys, how sions of this act shall be turned over by the said public service commission to the state treasurer of the State of Nevada, who shall annually distribute the said funds to the counties proportionate to the length of roads used and licenses affecting each county of the state, and said funds shall go into the general fund of such county. Penalties In effect SEC. 5. Any person, company, association or corporation who shall engage in the business of transportation of material and passengers in any established commercial truck or passenger line within the State of Nevada, without having procured a license therefor as prescribed by this act, shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than $50 nor more than $250; provided, that each day's operation shall be considered a separate offense. SEC. 6. This act shall be in full force, effect and virtue on and after July 1, 1921. [Senate Bill No. 117-Senator Kenney] CHAP. 221-An Act to prohibit advertisements or manufacture and sale of cures or medicines relating to venereal disease and certain sexual disorders. [Approved March 22, 1921] The People of the State of Nevada, represented in Senate and certain of alleged cures for eases, etc. SECTION 1. It shall be unlawful for any person to publish Prohibiting or cause to be published, to deliver or distribute or cause to be advertising delivered or distributed in any manner whatsoever, or to post, or display, or to knowingly permit to be posted, displayed, or venereal disto remain on any buildings, windows, or outhouses, or premises or other surface owned or controlled by him in the State of Nevada, or to manufacture or sell, or to knowingly have displayed in or on any window or place where the same could be read by passers-by or the public, any advertisement, label, statement, print, or writing which refers to any person or persons from whom, or to any means by which, or to any office or place at which may be obtained any treatment or cure of syphilis, gonorrhea, chancroid, lost manhood, sexual weakness, lost vitality, impotency, seminal emissions, gleet, varicocele, or self-abuse, whether described by such names, words, terms, or phrases, or by any other names, words, terms, or phrases, calculated or intended to convey to the reader the idea that any of said diseases, infirmities, disabilities, conditions, or habits are meant or referred to, or which refers to any medicine, article, device, or preparation that may be used for the treatment, cure, or prevention of any of the diseases, infirmities, disabilities, conditions, or habits mentioned in this act. SEC. 2. The word "person," as used herein, shall mean and include natural persons, copartnerships, corporations and associations, and shall include persons of both sexes. SEC. 3. This act shall not apply to publication, advertisement, or notices of the United States government, the State of Nevada, or of any city or town or other political subdivision of the State of Nevada. SEC. 4. Any persons violating any of the provisions of Penalties this act shall be punished by a fine of not more than five hundred ($500) dollars, or by imprisonment in the county jail for not more than six months, or by both such fine and imprisonment. |