CONCERNING VIOLATIONS OF LAWS RELATING TO IN- Be It Enacted By the Legislature of the State of Idaho: SECTION 1. This Act is intended to supplement, strengthen and provide additional means for the enforcement of the provisions of an Act of the Tenth Session of the Legislature of the State of Idaho, approved February 20, 1909, entitled "An Act to regulate, restrict, control and prohibit the sale and handling of intoxicating liquors and to regulate the issuance of license therefor; to provide for the submission at special elections in the several counties of this State of the question whether the sale of intoxicating liquors as a beverage shall be prohibited therein; to provide for the petitioning for, calling and conducting of such elections and for the contest of the result thereof; to provide for the registration and qualification of voters at such elections; to provide for the termination of licenses for the sale of intoxicating liquors; to provide for and prescribe the terms and conditions on which intoxicating liquors may be sold for certain purposes; to define the meaning of the words 'intoxicating liquors'; to create prohibition districts and define the meaning thereof; to prohibit the employment of minors and women to sell intoxicating liquors as beverages; to declare the duties of peace officers and prosecuting attorneys in relation to the unlawful sales of intoxicating liquors; to fix penalties for the violation of this Act and prescribe the procedure in prosecutions; and to repeal all Acts conflicting herewith," and shall be so construed as to add to and not detract from the force and effect of the provisions of said Act; it being the intention hereof to leave the provisions of said Act in full force and not to amend or repeal any portion thereof except insofar as such provisions may directly conflict with the provisions herein contained. SEC. 2. All places in a prohibition district of the State of Idaho where intoxicating liquors are sold, furnished, delivered, given away, or otherwise disposed of in violation. of law; or where persons are permitted to resort for the purpose of drinking intoxicating liquors as a beverage; or where intoxicating liquors are kept for sale, delivery or disposition in violation of law, and all intoxicating liquors, vessels, glasses, kegs, pumps, bars and other property kept in and used in maintaining such a place, are hereby declared to be common nuisances, and every person who maintains or assists in maintaining such common nuisance is guilty of a misdemeanor, and, upon conviction thereof, shall be punished by a fine of not less than Twenty-five Dollars ($25.00), nor more than Five Hundred Dollars ($500.00), or by imprisonment in the county jail for not less than ten (10) days nor more than six (6) months, or by both such fine and imprisonment for each offense. SEC. 3. In all prosecutions for maintaining a common nuisance in a prohibition district as herein defined, the finding of intoxicating liquors in the possession of one not having lawful authority to sell or dispose of the same, except in a private dwelling house not used in connection with a place of business or place of public resort, shall be prima facie evidence that such intoxicating liquors are kept for sale, delivery or disposition in violation of law, and, upon the trial of any person charged with maintaining or assisting in maintaining a common nuisance as hereinbefore defined, proof of the finding of such intoxicating liquors in the possession of such person (except in the place above mentioned) shall be deemed sufficient to authorize a verdict of conviction for such offense in the absence of evidence showing that such liquors were in the possession of such person for a lawful purpose, and the finding in a place fitted up with bars or counter and glasses or other paraphernalia usually connected with places where intoxicating liquors are sold as a beverage, or in a place used for the storage of intoxicating liquors of a stamp showing the payment by any person of the United States internal revenue special tax for the sale of distilled or malt liquors at such place for a period not then expired, shall be prima facie evidence that the person or persons to whom the same was issued were, at the time of finding such special tax stamp, maintaining a common nuisance at such place. SEC. 4. The prosecuting attorney of any county where such a nuisance, as defined in Section 2 of this Act, exists, or is kept or maintained, may maintain an action in the district court of such county in the name of the State of Idaho to abate and perpetually enjoin the same. The injunction shall be granted at the commencement of the action and no bond shall be required. Any person violating the terms of such injunction shall be punished for contempt by a fine of not less than One Hundred Dollars ($100.00), nor more than Five Hundred Dollars ($500.00), or by imprisonment in the county jail for not less than thirty (30) days nor more than six (6) months, in the discretion of the court or judge thereof. SEC. 5. Upon its being shown to the court or judge thereof that any injunction granted by such court or judge under the provisions of the preceding section is being violated, such court or judge may make an order commanding forthwith the enforcement of such injunction by such measures and means as in the judgment of the court or judge may be necessary to prevent further violation of such injunction. SEC. 6. Any one, who knowingly permits a building or tenement owned or leased by him, or under his control, or any part thereof, to be used in maintaining a nuisance, or, after being notified in writing of such use, omits to take all reasonable measures to eject from the premises the person so using the same, shall be deemed guilty of assisting in maintaining such nuisance. SEC. 7. If a tenant of a building or tenement uses such premises or any part thereof in maintaining a common nuisance as hereinbefore defined, or knowingly permits such use by another, such use shall render void the lease under which he holds, and shall cause the right of possession to revert to the owner or lessor, who may take immediate possession thereof, and may maintain an action for the unlawful detention of such premises. SEC. 8. If the prosecuting attorney, sheriff, or any peace officer, has probable cause to believe that intoxicating liquors are sold, furnished, delivered, given away, or otherwise disposed of in violation of law, or are kept for sale, delivery or disposition in violation of law at any place in a prohibition district, it shall be the duty of such prosecuting attorney, sheriff, or peace officer forthwith to make and file with a magistrate an affidavit of probable cause, setting forth and particularly describing the place where such intoxicating liquors are sold, furnished, delivered, given away or otherwise disposed of, or are kept for sale, delivery or disposition, and the intoxicating liquors kept in such place, and, upon the filing of such affidavit, such magistrate shall issue a warrant commanding the officer to whom it is directed to search the premises described in such affidavit, and, if such intoxicating liquors are there found, to seize the same with the vessels in which they are contained and all implements and furniture used and kept in such place for the unlawful selling, furnishing, delivering, giving away, or otherwise disposing of such intoxicating liquors, and safely keep the same subject to the order of such magistrate. The affidavit shall describe the place to be searched, with sufficient particularity to identify the same, and shall describe the intoxicating liquors and other property to be seized as particularly as practicable. But any description, however general, which will enable the officer executing the warrant to identify the place to be searched and the property to be seized shall be deemed sufficient. The officer executing the warrant shall forthwith return the same to the magistrate, together with a complete inventory of all property seized by him thereunder. All intoxicating liquors or other property seized under said warrant shall be held by the officer who executed the warrant, subject to the order of the magistrate. The officer executing such warrant shall forthwith file a complaint against the person or persons keeping the place where such intoxicating liquors were found, charging him with such offense under the laws relating to the sale of intoxicating liquors as the evidence of the case appears to warrant, and such intoxicating liquors or other property seized under said warrant may be used as evidence in the hearing of such case before the magistrate and the trial thereof in the district court. If the defendant be held to answer to the district court for the offense complained of, the magistrate shall order the intoxicating liquors and other property seized to be held subject to the order of the district court, to which the depositions taken at the preliminary examination are returned. If there is not sufficient evidence at such hearing to warrant holding the defendant to answer, or if no arrest was made or complaint filed, it shall be the duty of the magistrate to fix a time for hearing and determining the purpose for which such intoxicating liquors were kept, and to issue notice thereof, which shall be served upon the person claiming said intoxicating liquors (if he be known, and, if not, by posting a copy thereof on the building or premises where the intoxicating liquors were found) at least ten days before the date of such hearing. If, at the time fixed for such hearing, no claimant or other person appears, or, if after a hearing thereon, the magistrate finds from the evidence that such intoxicating liquors were kept for use or used in violation of law, he shall order that the same be publicly destroyed. When the defendant has been held to answer to the district court, such intoxicating liquors shall remain in the cus tody of the officer executing the warrant, pending the final determination of the case. If the defendant is convicted and does not immediately file a notice of appeal, the intoxicating liquors shall be immediately destroyed by order of the court. If the defendant be discharged for any reason, or found not guilty, the intoxicating liquors so seized shall be returned to him or to such person as the court finds is entitled to the same. Nothing herein contained shall be construed to prevent the filing of a complaint charging any person with an offense under the laws relating to the sale of intoxicating liquors before an affidavit has been filed for the issuance of a search warrant. Intoxicating liquors seized as hereinbefore provided, shall not be taken from the custody of the officer in whose possession they are by any writ of replevin or other process while the proceedings herein provided for are pending, and final judgment of conviction in such proceedings shall in all cases be a bar to all suits for the recovery of any intoxicating liquors seized or of the value of the same, or for damages alleged to arise by reason of the seizing and detention thereof. SEC. 9. If a prosecuting attorney of any county shall be notified by any officers or other person, or shall have knowledge of any violations of the provisions of the laws of this State relating to intoxicating liquors, it shall be his duty forthwith diligently to inquire into the facts of such violation, and for that purpose he is hereby authorized to make and file with a magistrate of his county an affidavit setting forth that he has probable cause to believe that the laws relating to the sale of intoxicating liquors have been or are being violated in such county and that certain persons, (naming them), have information concerning, or knowledge of, such violations, and, upon the filing of such affidavit, it shall be the duty of such magistrate to issue subpoenas for the persons named in such affidavit, requiring them to appear before him at a time to be designated therein, to testify concerning any violations of the provisions of said laws. Such subpoenas may be served by the sheriff or any constable of the county or by any other person who is a citizen of the county, and shall be served and returned in the same manner as subpoenas in ordinary criminal cases. When such witness or witnesses shall appear before the magistrate, he shall be sworn to make true answers to all questions propounded to him touching the matters under investigation, and the testimony of each witness shall be reduced to writing by the magistrate or under his direction |