NATIONAL GUARD. CHAPTER 98. [S. B. 134.] DEFINING STATUS OF ARMY OFFICER. AN ACT to Define the Status of the Army Officer Detailed by the Secretary of War for Duty with the National Guard. Be it Enacted by the Legislature of the State of South Dakota: § 1. MILITARY SECRETARY TO THE GOVERNOR. ] That the officer of the United States army detailed by the secretary of war for duty with the national guard shall be known as the military secretary to the governor and shall have the rank of colonel in the national guard. § 2. EXPENSES HOW PAID.] That the expenses of the military secretary in executing the orders of the governor and commander in chief be defrayed out of any moneys appropriated, or hereafter to be appropriated for the support of the national guard. § 3. EMERGENCY.] Whereas, an emergency is declared to exist, this act shall take effect from and after the date of its passage and approval. Approved February 13, 1897. CHAPTER 99. PROVIDING FOR THE DISPOSITION OF MONEYS ACCRUED FROM SALE OF CONDEMNED STORES. AN ACT Providing for the Disposition of Moneys Accrued or Hereafter Accruing from the Sale of Condemned Stores or Other State Property Pertaining to the National Guards. Be it Enacted by the Legislature of the State of South Dakota: § 1. CONTINGENT FUND OF NATIONAL GUARD.] That all moneys accrued or hereafter accruing from the sale of condemned stores or other state property pertaining to the national guard shall be covered into the treasury and credited to the fund for contingent expenses of the national guard. 2. POWER OF GOVERNOR.] That the governor shall be authorized to draw upon said fund to replace the property sold, defray the expenses of the national guard when called out, or for any other purpose, promoting the efficiency of the national guard. 3. REPEAL.] That all acts or parts of acts in conflict with this act are hereby repealed. § 4. EMERGENCY.] Whereas an emergency is declared to exist, this act shall take effect from and after the date of its passage and approval. Approved February 23, 1897. CHAPTER 100. RELATING TO DUTIES OF ADJUTANT GENERAL. AN ACT to Abolish the Office of Inspector General, Assistant Inspector General, Quartermaster General, Assistant Quartermaster General and Chief of Ordnance of the South Dakota National Guard, and to Provide That the Duties Heretofore Performed by Said Officers Shall Hereafter Devolve Upon the Adjutant General. Be it Enacted by the Legislature of the State of South Dakota: § 1. CERTAIN OFFICES ABOLISHED.] That the offices of inspector general, assistant inspector general, quartermaster general, assistant quartermaster general and chief of ordnance of the South Dakota national guard are hereby abolished. § 2. DUTY OF ADJUTANT GENERAL.] The duties heretofore devolved upon the above named officers shall be performed by the adjutant general and the officers of his department. §3. MUST GIVE BOND.] The adjutant general shall give the bond heretofore required of the quartermaster general and may require a bond in such sum as he shall deem sufficient of any officer having charge of supplies. § 4. REPEAL.] All acts or parts of acts, in conflict with this act are hereby repealed. § 5. EMERGENCY.] Whereas, an emergency is declared to exist, this act shall take effect and be in force from and after its passage and approval. Approved February 23, 1897. NICKLE-IN-THE-SLOT MACHINES. 255 NICKLE-IN-THE-SLOT MACHINES. CHAPTER 101. [H. B. 82.] PROHIBITING THE USE OF NICKLE-IN-THE-SLOT MACHINES. AN ACT Prohibiting the Public Use of Nickle-in-the-Slot Machines, and Providing for the Punishment Thereof. Be it Enacted by the Legislature of the State of South Dakota: § 1. UNLAWFUL FOR GAMBLING PURPOSES.] It shall be unlawful for any person, firm or corporation to keep for use of the public in this state any machine or device commonly called "nickle-in-the-slot machine" for gambling purposes. § 2. PENALTY FOR VIOLATION.] Any person violating the provisions of the foregoing section shall be guilty of a misdemeanor, and on conviction thereof shall be punished by a fine of not less than ten dollars, nor more than twenty-five dollars, or be imprisoned in the county jail not less than five days nor more than twenty days. § 3. DUTY OF OFFICERS.] It shall be the duty of any sheriff, constable, city marshal or any peace officer, if they know of any violation of the provisions of this act to warn said violators and if they do not remove such machine within twenty-four hours to arrest such person, and bring him or her before a competent magistrate; he also shall seize the machine, and if upon the trial of such person he or she shall be convicted of a violation of any of the provisions of this act the court shall order as a part of his judgment in addition to the penalty herein provided that the officer having the custody of such machine shall publicly destroy the same. § 4. EMERGENCY.] Whereas, an emergency exists, this act shall take effect and be in force from and after its passage and approval. Approved February 27, 1897. PEDDLERS. CHAPTER 102. [H. B. 206.] TO LICENSE PEDDLERS AND SOLICITORS. AN ACT to License Peddlers, Hawkers and Solicitors, and Prescribing Penalties for Failure to Comply with the Terms of this Act. Be it Enacted by the Legislature of the State of South Dakota: § 1. UNLAWFUL TO PEDDLE WITHOUT LICENSE.] That on and after the passage and approval of this act it shall be unlawful for any person to peddle or hawk any goods, wares or merchandise whatsoever without first having procured a license from the county auditor of the county wherein such peddling or hawking is to be conducted. § 2. LICENSE.] Each peddler or hawker traveling with a pack and on foot shall pay a license of not less than twentyfive dollars ($25.00) nor more than fifty dollars ($50.00) per year. § 3. LICENSE.] Each peddler or hawker traveling with a wagon or other vehicle shall pay a license of not less than fifty dollars nor more than one hundred dollars ($100.00) per year. § 4. LICENSE.] Each peddler or solicitor taking orders for groceries, clothing, hardware, or other mercantile establishments shall pay a license of not less that seventy-five dollars ($75.00) nor more than one hundred twenty-five dollars ($125.00) per year. § 5. MONEY TO BE TURNED INTO GENERAL FUND ] All moneys derived from licenses received under the provisions of this act shall be turned into the county general fund of each county. $6. PEDDLER TO EXHIBIT LICENSE.] Each peddler, hawker or solicitor taking out license under the provisions of this act, shall be compelled to exhibit such license whenever called upon by any party to whom such peddler, hawker or solicitor is endeavoring to make a sale of goods. § 7. PERIOD OF LICENSE.] No license issued under the provisions of this act shall be for a less period than one year. The provisions of this act shall not be construed to apply to runners traveling for whole APPLICABLE—WHEN.] sale houses and taking orders from merchants only, nor to peddlers or hawkers in farm products. $9. PENALTY.] Any person violating the provisions of this act shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined not less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100.00). § 10. DUTY OF COUNTY COMMISSIONERS.] It shall be the duty of the county commissioners to fix the amount of said license and the county auditor shall issue such license upon payment of this fee. § 11. REPEAL.] All acts or parts of acts in conflict with this act are hereby repealed. Approved March 9, 1897. PHARMACY. CHAPTER 103. [S. B. 189.] AMENDING LAWS RELATING TO SOUTH DAKOTA PHARMACEUTICAL ASSOCIATION. AN ACT to Amend Sections 11 and 12 of Chapter 132 of the Laws of 1893, Being an Act Creating a South Dakota Pharmaceutical Association Establishing a State Board of Pharmacy in the State. Be it Enacted by the Legislature of the State of South Dakota : § 1. AMENDMENT.] That Section 11 of Chapter 132 of the laws of 1893 be and the same are hereby amended to read as follows: That it shall hereafter be unlawful for any person other than a registered pharmacist to retail, compound or dispense drugs, medicines or poisons or to open or to conduct any pharmacy or store for retailing, compounding or dispensing drugs, medicines or poisons unless such person shall be a reg. istered pharmacist within the meaning of this act, except as herein provided; and any person not being a registered pharmacist within the meaning of this act who shall keep a pharmacy or store for retailing or compounding medicines or who shall take, use or exhibit the title of a registered pharmacist shall be deemed guilty of a misdemeanor and for each and every offense shall be punished by a fine of not less than fifty dollars ($50) |