The St. Joseph observer., 1920-10-30

| ANY permit holder who shall violate any
| q tho provisions OF this section, or any
| ln an application for ethyl alcohol or
| vine, shall be deemed guilty OF mis-
J seo,io1 s. It shau be unlawful for any
| physician. or pretended physician in the
| state OF Missouri TO make or issue any
| prescription to any person for ethyl al
| cohol or wine in any quantity, or for any
compound Of which such liquors shall
| form q part without a permit therefor
| clans desiring to write prescriptions for
| ethyl alcohol or wine for medicinal pur-
poses shall file an application for a per-
| init to do so with the clerk of the county
court Of the county in which such physts
| clan practices his profession. Said appli-
cation shall be in such form as tho attor-
| ncy- general OF Missouri may prescribe
| and permits may be granted by the judges
] n the county court upon the same terms
| and under the same rules and conditions
| as they are authorized to grant permits
| TO Manufacture and sell ethyl alcohol or
| vine by this act Applicants shall pay
| the county clCrl; for each permit issued
| (f2.O0). All fees collected by the said
| county clerk under this section shall be
| cr It shall be unlawful for any physician,
| holding a permit as herein provided to
| make or Issue a prescription for ethyl al
I cohOl or wine 10 any persons without
| careful physical examination Of the per-
| son for whom the ethyl alcohol or wine
| Is prescribed: or to issue such prescrip-
| tions for such liquors to a person whom
| he has reason to believe will use such
| liquors for beverage purposes; or to ia
| sue such q prescription for such liquors
| without the name of the person for whom
| such liquors are prescribed written there
| on tOsether with the name Of the disease
! or malady for which suNh liquor is pre-
| scribod.
Section 6. Every wife, husband, child,
| pf lpfata cr ETisaoli,i Who sbaji no iniurad
| in person or property or means OF sup
| port OF otherwise by any intoxicated
| person by reason of the selling Of intoxi-
! eating liquors in violation Of the proHs,>
| Ions "f this act, shall have the right of
| ,ction II. sis or her name against any
| person, firm Of corporation who shall, by
| such illesll selling Of such liquors, have
| caused OF contributed to the intoXication
| OF said person or persons, or VINO 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-
| tion or right Of action given by this section
! shall survive 70 and sgainst his or her
| executor or administrator, and in every
| action by husband. wife, parent, child.
| the general reputation Of the reia ton of
husband wife parent, child. shall be
| the amount so recovered by either wife
! or child shall be his or her sole and
separate hroP3sr'y: Suc9 ,aii daim'sggs'r gsr TO-.
| recoverable in an action before any
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 alone therefor,
| but recovery by one Of such parents shall
| for such damages; ana in any case where
| two or more children may be entitled to
| such damages. only one suit therefor may
| be brought and the separate claims for
| damages may he 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. main ain. continue or use
any building, structure or place whether
| stationary or movable, for the purposes
OF manufacturing or selling Intoxicating
| liquors UnIawfu!ly is guilty OF maintain
| ing or keeping nuisance; and the build
| ing, structure or place. or the ground it.
| self. in or upon which unlawful manufac-
| ure or sale or keeping with intent TO
rnlawf4lly sell such intoxiceting LIQUORS.
| and the furniture, vessels. fixtures, and
contents. are also declared a nuisance.
orne2 Of he in Rs sae Sher
| such a nuisance, az defined In this sec
| tion. exists, or is kept or maintained.
| and perpctually en5cin the same. All
persons, whether agents or employees or
| officers OF corporations. or agents or em-
| 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
| tlon and such courts shall have the pow
| er to enforce injunctions under this Sec
tion 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 attorney general or
| prosecuting attorney OF any county in this
| state snail file a statement verified by
oath with the clerk of the circuit court,
| or other court having criminal Jurlsdic-
| tioE in the county, that he verify believes
| that in some building or structure, to be
| 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. If
| necessary, and remove therefrom any
| Intoxicating liquors which he may md
| therein, and hold such liquors until all
| prosecutions for violating the provisions
| of this act ny any person In said build
| ing are ended aEd detormined. Any intoX-
| icat!nS liquors found in any such build
! ing and taken under the provisions OF
| this section and not returned ~ the own
| er as herein set out shall be liable for all
son convicted for manufacturing or SELL
ing such liquor at said place contrary
| to the terms Of this act, and such sher-
ms shall dispose Of said liquors. In some
| legal manner, and apply the proceeds
| thereof, If any, 70 the payment OF such
fines and costs. No warrant shall be is
F, sued to search a private dwelling occu-
pied as such unless some part OF " Is
| used as a store or shop, hotel or boarding
| private residence, or unless such resi-
dence is a place Of public resort.
~ Section 8. In case the existence Of
| any place whore Intoxicating liquors are
| manufactured or sold in violation Of law
| Is disclosed in any criminal proceedings,
| II shah be the duty of the prosecuting
| attorney to proceed promptly 10 enforce
! the provisions Of this act against such
| place as O nuisance. In any affidavit,
| information or Indictment for the viola
| tion of this act, separate offcnses may
| be united in separate counts and the de-
| fendant may be tried on all OF the sspa-
! rate onenses at one trial aud the cumu-
| lative penalty for each onense 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 to include any defensive mega
! tive averments but It shall be sufficient
to state that the act complained Of was
then and there prohibited ana unlawful.
| Whenever any prosecuting attorney shall
| be unable or shall neglect fail or re-
fuse to enforce any OF the provisions OF
| this act. or for any reason whatsoever,
| the provisions of this act shall not be
| enforced in any county in this state II
| shall be the duty of the attorney general
OF the state 10 enforce the same in such
county, and for that purpose, he may
| appoint as many assistants as he shau
| deem necessary, and he and his assist
| ants shall be authorized to sign, verify
and hle all such complaints. affid9Nits.
| petitions, informations, indictments and
| papers as the prosecuting attorney is
q