Whereas the people of Oregon, now occupying one of the most beautiful and interesting portions of the globe, are placed in the most critical and responsible position ever filled by men, owing, as they do, important duties to themselves, to their country, to posterity, and to mankind, as the founders of a new government and a young nation; and whereas the introduction, distillation, or sale of ardent spirits, under the circumstances in which we are placed, would bring withering ruin upon the prosperity and prospects of this interesting and rising community, by involving us in idle and dissolute habits, inviting hither swarms of the dissipated inhabitants of other countries, checking immigration, destroying the industry of the country, bringing upon us the swarms of savages now in our midst, interrupting the orderly and peaceable administration of justice, and, in a word, producing and perpetuating increasing and untold miseries that no mind can rightly estimate; therefore,
Be it enacted by the Legislative Committee of Oregon as follows:—
Section 1. That if any person shall hereafter import or introduce any ardent spirits into Oregon, with intent to sell, barter, or trade the same, and shall offer the same for sale, barter, or trade, he shall be fined the sum of fifty dollars for each and every such offense, which may be recovered by indictment or by trial before a justice of the peace, without the form of pleading.
Sec. 2. That if any person shall hereafter sell, barter, or trade any ardent spirits of any kind whatever, directly or indirectly, to any person within Oregon, he shall forfeit and pay the sum of twenty dollars for each and every such sale, barter, or trade, to be recovered by indictment in the Circuit Court, or before a justice of the peace, without the form of pleading.
Sec. 3. That if any person shall hereafter establish or carry on any manufactory or distillery of ardent spirits in Oregon, he shall be subject to be indicted before the Circuit Court as for a nuisance; and if convicted, he shall be fined the sum of one hundred dollars, and the court shall issue an order to the sheriff, directing him to seize and destroy the distilling apparatus, which order the sheriff shall execute.
Sec. 4. That it shall be the duty of all sheriffs, judges, justices, constables, and other officers, when they have reason to believe that this act has been violated, to give notice thereof to some justice of the peace or judge of a court, who shall immediately issue his warrant and cause the offending party to be arrested, and, if such officer has jurisdiction to try such case, shall proceed to try such offender without delay, and give judgment accordingly; but, if such officer shall not have jurisdiction to try the case, he shall, if the party be guilty, bind him over to appear before the next Circuit Court of the proper county.
Sec. 5. That all sales, barters, or trades, made under color of gifts or otherwise, with intent to evade this act, shall be deemed a violation of the same, and all fines and penalties recovered under this act shall go into the general treasury, and all officers receiving the same shall pay over to the sheriff, whose duty it shall be to pay the same into the treasury.
Sec. 6. That this act shall not be so construed as to prevent any practicing physician from selling such liquors for medicine, not to exceed one gallon at one time.
Sec. 7. That the clerk shall make out a copy of this act and put the same up in Oregon City as early as practicable.
Sec. 8. That this act shall take effect within sixty days from and after its passage.