Iron County register. [volume] (Ironton, Iron County, Mo.) 1867-1965, 1920-10-14

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 to 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 uch form as the attor-
~ney-general Of Missouri nay prescribe
and permits may be granted by the judges
OF 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
wine by this act. Applicants shall pay
the county clerk for each permit issued
($2.00). 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 a 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-
tions for such liquors TO a person whom
he has reason to believe will 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 U liquor is Sre-
scribed.
Section 6. Every wife. husband, child,
parent, guardian, or other person in the
state of Missouri, who shall be injured
In person or property or means of sup
port or otherwise by any intoxicated
eating liquors in violation of the provis-
ions of this act. shall nav the right OF
action in his or her name against n
person. firm of corporation who shall. by
such illegal selling of such liquors. have
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
cover actual m 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
action by husband, wife, parent, child,
the general reputation of the relation OF
husband, wife, parent, child, h be
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 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
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 urposes
of manufacturing or selling intoxicating
liquors unlawfully is guilty of maintain
ing or keeping a nuisance; and the BALD
ing, structure or place, or the ground it,
self, in or upon which unlawful manufac-
ture or sale or keeping with intent to
unlawfully sell u intoxicating liquors,
is carried on or is continued or exists;
and the furniture, vessels, fixtures, and
contents, are also declared a nuisance.
The encouragement or prosecuting at
torney of the county in this state where
such a nuisance, as defined in this Sec
ton, exists, or is kept or maintained,
may prosecute a suit in equity to abate
and perpetually 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
ton and such courts hal have the pow
err to enforce injunctions under this sec
ton by such measures and means as are
now provided or may be provided for
NIS
state.
Section s. If the Encouragement or
prosecuting attorney OF any county IN this
state shall file a statement verified by
oath with the clerk of the circuit court,
or other court having criminal jurisdic-
ton in the county, that he verify believes
that in some building or structure, to be
designated in aid 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. II
necessary, Il remove therefrom any
Intoxicating liquors which he may find
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. Any intoX-
icating liquors found in any such build
ing and taken under the provisions of
this section and not returned to the own
er as herein set out 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 sher-
ifs shall dispose of said liquors, in some
legal manner, n apply the proceeds
thereof, If any,. to the payment of such
fines 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 any other purpose than a
private residence, or unless such resi-
dence is a place of public resort.
Section B.. 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 provisions of this act against such
place as a nuisance. In any affidavit
information or Indictment for the viola
ton of this act, separate offenses may
be united in separate counts and the de-
PENDANT may be tried on all of the sepa-
rate ~offenses at one trial and the cumu-
lative penalty for each otfense may be
imposed by the courts. 1t shall not bt
necessary in any affidavit, information OF
Indictment to give the name of the pur.
chaser or to include any defensive mega
tive averments, but it shall be sufficien'
to state that the act complained of wa!
then and there prohibited and unlawful
Whenever any prosecuting attorney shall
be unable or shall neglect, fail or re
fuse to enforce any OF the provisions o
the provisions of this act shall not b.
enforced in any county in this state |
shall be the duty Of the attorney-genera
of the state to enforce the same In sucl
county, and for that purpose, he ma!
appoint as many assistants as he shall
ants shall be authorized to sign, iverif.
and file all such complaints. affidavits
petitions, informations, indictments an
papers as the prosecuting attorney /
authorized to sign, verify or file, and t
do and perform any act that the prose
cutting attorney might lawfully do or per
form.
Section 10. sherifs, deputy sheriffs
marshals and chiefs of police and police
men of cities, towns n villages of thi
officers, are hereby authorized and direct
ed to apprehend and arrest any perSO