Iron County register. [volume] (Ironton, Iron County, Mo.) 1867-1965, 1920-10-21

physician. or pretended physician, in the
state Of Missouri. to make or issue any
cohoi or wine in I'M quantity, or for any
compound Of which such liquors shall
form a part without a permit therefor
secured as herein provided. All physi-
clans desiring to write prescriptions for
ethyl alcohol or wine for medicinal pur-
poses shall file an application for a per-
NIT 70 do so with the clerk of the county
court of the county In which such physi-
clan practices his profession. Said appli-
cation shall be in such form as the attor-
ney-general OF Missouri may prescribe
and permits may be granted by the judges
OF the county court upon the same terms
n under the same rules and conditions
as they are authorized to grant permits
to manufacture and sell ethyl alcohol or
wine by this act. Applicants shall pay
the county clerk for each permit issued
as above set out, the sum of two dollars
(S2.00). All fees collected by the said
county clerk under this section shall be
paid over monthly to the county treasur-
er. 1t shall be unlawful for any physician,
holding a permit as herein provided, to
make or issue q prescription for ethyl al
cohol or wine TO any persons without a
careful physical examination of the per-
son for whom the ethyl alcohol or wine
is prescribed. or to issue such prescrip-
tons for such liquors to a person whom
he has reason to believe viii use such
liquors for beverage purposeS; or to is
sue such a prescription for such liquors
without the name Of the person for whom
such liquors are prescribed written there
on together with the name OF the disease
or malady for which such liquor is pre-
scribed.
Section 6, Every wife, husband, child.
parent. guardian. or other person in the
state Of Missouri, who shall be injured
port or otherwise by any intoxicated
person by reason of the selling Of intoxi-
eating liquors in violation of the provfs-
ions of this act, shall have the right Of
1CTio1 IN hfs - how mama a y1iaof INV
person, firm Of corporation who shall, by
such Illegal selling of such liquors, a
caused or contributed to the intoXication
of said person or persons. or who have
caused or contributed to any such injury;
and In any action given by this section
the plaintiff shall have the right to re-
cover actual and exemplary damages. In
case of the death of either party. the ac-
ton or right of action given by this section
shall survive to and against his or her
executor or administrator; and in every
action by husband, wife, parent, child,
the general reputation Of the relation Of
prima facie evidence of such relation and
the amount so recovered by either wife
or child shall be his or her sole and
separate property, Such damages, to-
gether with the costs of suit, shall be
recoverable in IN action before n
court of competent jurisdiction in this
state; and in any case where parents shall
be entitled to such damages, either the
father or mother may sue alcne therefor,
but recovery by one of such parents shall
be a bar to any suit brought by the other
for such damages; and in any case where
two or more children may be entitled to
such damages, only one suit therefor may
be brought aid the separate claims for
damages may be united under separate
counts in the one action.
Section Z. Any person, firm or corpor-
alton who shall in the state of Missouri
establish. erect. maintain, continue or use
any building, structure or place, whether
stationary or movable, for the purposes
Of manufacturing or selling Intoxicating
liquors unlaWfully is guilty of maintain
ing or keeping a nuisance; and the bsild-
ing, structure or place, or the ground it
self. in or upon which unlaWful manufae-
tuTe or sale or keeping with intent to.
unlawfully sell such Intoxicating liquors,
is carried on or is continued or exists;
and the furniture, vessels, fixtures, n
contents, are also declared a nuisance.
The Encouragement or prosecuting at
torney of the county in this state where
a nuisance, as defined in this sec
ton, exists, or Is kept or maintained.
may prosecute a suit in equity to abate
and peTpetually enjoin the same. All
persons, whether agents or employees or
officers of corporations, or agents or en-
ployes Of individuals aiding or abetting
In the commission Of the offense, may be
made parties defendant in such action.
The circuit courts of this state are here
by authorized and empowered to try and
determine causes arising under this sec
GEpil anu SUN EOOIlS SAidA lAdkG IIlS HOM-
! er to enforce injunctions under this secz
ton by such measures and means as are
now provided or may be provided for
the enforcement Of injunctions in this
state.
Section s. II the Encouragement or
prosecuting attorney Of any county i'll this
state shall file a statement verified by
oath with the clerk OF the circuit court,
Dr other court having criminal 1urisdIc-
ttou in the county, that he verify believes
] 1llt in Some hIjIIlpU or structure. to he
! designated in said statement, in the said
county. intoxicating liquors are being
| manufactured or sold contrary to the pro-
visions Of this act, it shall be the duty
Of the sheriff of said county to enter
said building or structure by force, il
necessary, ana remove therefrom any
intoxicating liquors which he may ind
| therein, and hold such liquors until all
prosecutions for violating the provisions
/ Of this act by any person in said build
| ing are ended and determined. Amy lntoE-
lcatiug liquors found IN any sucn build
ing and taken under the provisions OF
this section ard not returned to the own
/ eF as herein set cut shall be liable for all
fines and costs assessed against any per
son convicted for manufacturing or SELL
ing such liquor at said place contrary
to the terms OF this act, and such sfer-
ifs shall dispose of said liquors, IN some
legal manner, and apply the proceeds
thereof, II any, to the payment OF slch
| tines and costs. No warrant shall be is
sued to search a private dwelling occu-
pied as such unless some part of 1t is
used as a store or shop, hotel or boarding
house, or for amy other purpose than a
private residence, or unless such resi-
dence is a place Of public resort.
Section 8. In case the existence of
any place where intoxicating liquors are
manufactured or sold in violation of law
is disclosed in any criminal proceedings,
it shall be the duty of the prosecuting
attorney to proceed promptly to enforce
the prOVisionsE of this act against such
place as q nuisance. In any AFFIDAVIT,
information or Indictment for the viola
ton of this act, separate offenses may
be united in separate counts n the de-
PENDANT may be tried on all of the sepa-
rate o~ffenses at one trial and the cumu-
lative penalty for each oIense may be
imposed by the courts. II shall not be
necessary in any affidavit, information Or
indictment to give the name of the pur-
chaser or 10 include any defensive mega
tive averments, but il shall be sufficient
then and there prohibited and unlawful
Whenever any prosecuting attorney snail
be unable or shall neglect, fail or re-
fuse to enforce any OF the provisions oil
this act, or for any reason whatsoever
the provisions Of this act shall not be
shall be the duty Of the attorney-genera
Of the state to enforce the same In sucl
county, and for that purpose, he may
appoint as many assistants as he shat
deem necessary, and he and his assist.
ants shall be authorized to sign. verify
and file all such complaints, affidavits
petitions, informationk, Indictments an(
papers as the prosecuting attorney II
authorized to sign, verify or file, and K
do and perform any act that the prose
cutting attorney. might lawfully do or per
form.