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THE FAIR PLAY, STE. GENEVIEVE, MO.. OCTOBER 1G, 1020 1 s ' Ml date, then m court, or the Judges of audi division, as tho case may lip, shall aclcrt n presiding Judge from the judges thereof holding such commissions. Section 5. In the event of tho unavoid able absence or dWquallfleatlnn of ad judge or Judges of the St. Louis oourt of anneals, ono or more circuit Indites. us designated by the court, or n dlvlsh n thereof, ah ill ho competent to pit ,ln such court or division, for such tlino ns tho court or such division ninv by order direct. fs'o circuit Judge bofote whom n cause mny hnve been heard or tried slnll fit tipon n homing of the same In snld ourt of nppe.il. If, In nnv case, snld court sitting on b.ine, shnll he evenfy divided, nny Judge of nnother of the courts of nppenl. or n circuit JndEro, or n lawyer possessing the qualifications of a Judgo of a court of appears, when de signated by tho court cn bnnc, mny sit In such cause as n special Judge with, mid be n member of the court cn Initio, In the determination of snld cause. Section fl. Thl amendment shall he aclf-enforclng and shall become opera tive from and after Its adoption by the people, and It shall repeal all constitu tional provisions and laws Inconsistent therewith. PROPOSITION NO 13. REFERENDUM ORDERED BY .THE PETITION OF THE PEOPLE. House bill No. 33S, enacted by fiftieth General Assembly. Prohlbltlnn. manufac ture, sale, gift, advertisement or trans portation of Intoxicating liquors within, into or from this state, except under cer i tain conditions; providing for search of Intoxicating liquors unlawfully sold; de claring certain buildings or certain place3 used In unlawful manufacture of Intoxi cating liquors nuisances and giving right of abatement; giving persons Injured by Intoxicated persons right of action against Illegal liquor sellers; regulating those who manufacture, sell or prescribe for ethyl alcohol or wire; defining Intoxicat ing liquor and other words; providing tor enforcement of said act and prescribing penatles for violation of same. AN ACT prohibiting the manufacture. nalo, Rift, advertisement or transporta tion of Intoxicating liquors within, into or from the stale of Missouri, except for certain purposes and under certain regulations, piovidlng rbr search and telzuro of intoxicating liquors unlaw fully manufuctuied or sold; declaring certain buildings, structures nnd things used In the unlawful manufacture and Kilo of Intoxicating liquors to lie nui sances and Klvlng the 1 Ik lit of abate ment, establishing the right of action in darnugc for Injuries hy Intoxicated persons against illegal liquor sellers, prescribing additional duties for prose cuting altnrneys, shcilffs nnd other law-enforcing officers; lequlrlng per mits for manufacture! a, selleis or phy sicians who manufacture, sell or wiite prescriptions lor ethyl alcohol or wine and pi milling for the ri vocation of name; defining Intoxicating Illinois and other wolds and iplna-cs, making em ployes and agents responsible for viola tion of this act hy a corporation; de claring intoxicating liquors Illegal!) manufactured or sold to be contraband: llxlng venue of cases under tho act; and with penalties for violation; and providing when same shall bo In force and effect. Be It enacted by tho Clcnernl Assembly of the .Statu of Mkiscuri, us follows: Section 1. It shaft bo unlavvrul for any fierson. 111 in, association or corporation, lis, Its or then agents ur empales, to. manufucture, sell, give away or trans port Intoxicating liquois whin, import tho samu Into, or expuit the same from tho state uf Missouri for beverage pur poses, except us hircinalter provided. auction 2. That the piovisions ot this net shall not bo construed so as to pre vent the uiauulacture, Importation, ox poitatlon, or Kilu of denatured alcohol, ui of elder for the purpose f making vinegar or iioii-liuoxieating cider, or of denatured rum for uso only In the indus trial nnd mechanical arts, or of methyl alcohol, or of i thsl alcohol in non-potable tollut, inudn.in.il, antiseptic, culinary, or other noii-iieseiuKc in patatlons, or oi ethl alcohol fur scli-hUHc, pharmaceuti cal, me. Iiai.l. ul, ur Industrial pui puses, or to piow-nt the sale, of ethyl alcohol or v.lnu by phatiunclsts or druggists as provided herein for medicinal or sacra mental puipo&cs. Section 3. It shall be unlawful for any person, lirm, association, or corporation to manuf iciuro or sell ethy.1 alcohol or vino within the stnto uf Missouri for non buverago pui loses without .1 permit therefor as heieln provided. All pel sons, Hi ms or corporations desiring to manu facture or sell cihyl alcohol or wine shall illu with the clerk uf Hie county court of tho county, in which such lnrauns, llrm or corporation reticles or has his place of business, an application fui u permit to manufacture or Bull, (as tho case ma he I ethyl alcohol or wine, nt least ten (10) days before the hearing thereon. Said application fchull be In such fuim at. may be pre scribed by the attorney-general of Mis souri. Tho said clerk uf the county court shall pi eselit fcald application to the county court ot said county at its next regular term and If the judges uf said court are satisfied that the allegations ot tho application are true, that the appli cant Is tVM lily-one (21) years of age and not addicted to the use of Intoxicat ing liquois us a beveruge; and that the iippltiuul is of good moial character and law-abiding the said court muy Issue a permit to such upplicant tu manufacture or sell (as the case muy be) ethyl alco hol or win. for a period of one year un less levoketl oj su.-pended as heieln pro vided, bald pi rmit shall be In such form as may be preset lued by the attorney general of Mi&ouri, Applicants shall pay to the county ceik foi penult issued as above sot out, the following lees, to-wit For each manufacturing permit the sum of fifty dolluiu ( $.".0.0u ), for each selling permit the sum of ten dollars (JIU.imjj. All fees c-ollei ed by the comity clerk un der this section shall be paid over month ly to the county treasurer. All holdeis of pcrmiis granted as run-in provided, ehall. on or before the 5th day of each month, for the calendar month preceding, tile u statenn.it, veiilled by the oath of fuel) pi rum hinder, with the elcrk of the coiiuly inuit of the county in whli h such p. rmit holder Is engaged in business, rhi.witig the amount and kinds of Intoxi cating I: piora manufactured or received doling said month with names and ad dresses of the oersons. flima or corpor ations fiom whom received, and the amount and kind of Intoxicating liquors rold or otherwise used or disposed of during said month with the nu nea and iid.lrisi-es oi the pel sons, Arms or cor poiaiions to whom sold or delivered, and the amount ana kiiiu oi intoxicating Honor on hand ut the end of .-.i d month. .s. ctlon 4. It shall be unlawful for any pi'ison. Pern or coipoiatiou in the state or .Mtss.iui I. homing a p. unit to manu facture oi h-il til vl alcohol' oi wine un der this act, lo 8--11. give away, ur other wise dlM'iise of etny I alcohol oi wine ex cent on a wilttiii application, dated and aigncd, uf ah Individual or an anihurUi-d Kgent of a firm or corporation engaged In ilic manufacture Of nou-puln . e toilet, nu Up lital. snthrepllc, cuhnaiv. or other lion-beverage preparations, or of the owner or manager of a huiiplt.il, museum, l.ihoialorv. Industrial or eiluc itional In st otloii.it using ethyl alcohol nr wine for sen nunc, pnurnmeeuucui. mechanical, tn 0 .Mtriai or otrier non-ueveruge purposes 01 of a icgidarly registered and practic ing dentist, physician or veterinarian 113. lug cthl alcohol or wine for non-bevor- ng puiposes in tne pructice ui tils pio ft's-uou; or of a minister, priest, clergy man or authorized officer having charge of a chunh uMiig wine for sacramental purposes: provided, mat any Druggist, 11h.11 muclst. or proprietor of a druar store lioidlng a ijermlt to sell ethyl alcohol or won- under this act, may soli or give away eihvl alcohol 01 wine on a written nre- S' iiptlon. d.iKxl and signed, lust bad and ol. i .unit from some legulaily legiatered 11 1 pracii.ii. g physician, and then only v. 11 nuch pl.jsicl in shall state in auon pi rlpllon the name of trie poison for Mm in the san.e is pn s'nljed, and that 1 i fihjl ali.ohol or wine it prescribed 11. 1 in 'usury remedy, urnvlded further. i:..it ach iiiiniH Ic'-iei- selling or giving til ty or otrierwise uiapusintf ci uiuyi aiuu1 In I or wlno under this section shall at la ', a cony of each stioln atlon unit ore s. r 1 nun received during each month to f - in intbly repor t reqiiirid to t)e moo wi.li iiie clerk of the county court under tl. provisions of section I 01 una act. Ar.y permit iKdder who ahall violate any 01 the provisions of this section, or an 11 ri. n who ahall make a false aiutement i an wpplicnt.nl tot 1 1 1 ah ohoi or w.ne. shall be Ui in J K'n-'y 01 a mis demeanor. Kcotlon 5. It sWl bo unlawful for any physician, or pretended physician. In thn state of Mlssouil. to make or Issue nny prescription In any person for ethyl nl "ohol or wine In any quantity, or for nnv compound of which such Honors shall form n pnrt without 11 permit therefor secured n herein ptovlded. Ml pbvsl clrins desiring' to wilte prescriptions for ethyl ii'i'ohol or wine for medicinal pur poses shall fllo aii application for a per mit to do so with the clerk of the county court of the county In which such phyl clan practices his profession. Said appli cation shall be In such form ns tho nttor-ney-genernl of Missouri muy prescribe and permit may be granted by the Judrtes of tho county eontt upon the same terms nnd under th" same ruled anil conditions as they nro authorized to grant pcnnIM to inntiufacture and ivell ethyl alcohol or wine by this act. Applicants shall pay the countv clerk for c,i"h permit Issued as above set out, the iim of two dollar ($2(10). All fern collected hy the said county clerk under this section shall be paid over monthly to the county tieasur er. It shall he unlawful for nuy physician, holding n permit as herein provided, to mnko or Issue a prescription for ethyl al cohol or wine to nny pet sons without n careful physical examination of the per son for whom the ethyl alcohol or wlno Is prescribed; or to Issue such prescrip tions for such liquors to a pel son whom he has reason to believe will use such liquors for hcveinge puiposes; or to Is .snc such n prescription for such liquors without the name of the poison for whom such liquors are pi escribed written there on together with the name of the disease of malady for which suth liquor Is pre scribed. Section 6. Uvery wife, husband, child, parent, guardian, or other person In the Htnlo of Missouri, who shall bo Injured In person or property or means of sup port or otherwise by nnv Intnxlcnted person by reason of the selling of intoxi cating Honors In violation of tho provis ions of tills net, shall have tho right of action In his or her name against any person, llrm of coiporatlon who shall, by such Illegal selling of such liquors, liavo caused or contributed to tho Intoxication of s.itd person or persons, or who have aiised or contributed to any such Injury, j and In nny action given by this section tne planum snail navo the ngnt to re cover actual and exemplary damages. In case of the death of eitliei p.uty, the ac tion or right of action given bv this section shall survive to nnd against his or her executor or mliulnlslrnt.il, and In oveiv notion by husband, wife, patent, child, the general reputation of the iclatlnn of htishaml, wife, parent, child, i-hall be piiinn fncle evidence of inch relation and the amount so recoveieil by either wife or child shall bo his or her solo nnd separate property. Such damages, to gether with tho costs of suit, shall be recoverable in mi action before nnv out t of competent Jurisdiction in this state; and In any case where parent Shall be entitled to such damages, either the father or mother may am alone therefor, hut lecnvery by one of such parents shall be a bar to nny stilt brought by the other for such damagis, and in any case where two or more children may he entitled to such damages', only one suit therefor may be brought 111. d the si parate claims lor damagos may be unhid under heparate luuutu in the one action. Section 7. An.v nil-son. firm or cornor- atlon vho shall In the stato of Missouri establish, erect, maintain, continue nr use I any building, structure or pi ice. whether 1 stationary or movable, .for the purposes . Inr 1 lie !iiiritrif.cM . 01 miinuiaciurin; or selling intoxicating liquors unlawfully is guilty of maintain ing or keeping a nuisance; anil the build ing, structure or place, or the ground It sell, in ur upon which unlawful manufac ture or sale or keeping with intent to unlawfully sell such Intoxicating liquors, is carried on or is contlniu d or exists. nnd the furnlturw, vessels, tlxtnies. und contents, are also declared a nuisance. The attorney -general or prosecuting at torney of the county in this state where such (1 nuisance, ns dellned in this sei -tion, exists, or is kept or maintained, muy pnsecute a suit In equity to abate and perpetually enjoin the same. All pel sons, whether agents or employes or officers of coi pornt ions, or agents or em ployes of Individuals aiding or abetting In the commission of the offense may be made parties defendant In such action. The circuit couits of this state are hen by authorized and empowered to tiy and determine euuses arising under this sec tion and such courts shall have tho pow er to enforco Injunctions under this sec tion by sucli measures and means as are now provided or may he provided lor the enforcement of injunctions in tills state. Section K If the attorney-genera! or prosecuting uttorney ol any county In this state shall tile a statement veiilled by 0.1th with the clerk of Ihe circuit court. or other court having cilinin.il jurisdic tion in tne county, tn.it ne veiny Believes that In some building or stiuiltire, to be designated In suld statement, in the said county. Intoxicating liquors are being manufactured or sold contrary to the pib visions of this act, It shad be the duty of the slieuff of said county to enter said building or utiucture by force, If necessary, and remove therefrom uny iiiti xicatliiK llquoiB which he may Und Unrein, and hold sui It liquois until all pro: editions for violating the provisions of this act by any per-son in said build ing are ended and delei mined. Any Intox icating liquors lounil in any such build ing and taken under the provisions of this section and not leturtied td the own er ns herein st t out shall be Huhle for all tines und costs assessed against any per son convicted for munufactni ing or sell ing such liquor nt said place contrary to the terms of this act, and such sher- irrs snail dispose ol said liquors, in some legal manner, and aiiuly the nroceeis incrcoi, 11 any, 10 uie payment. 01 sucn finta and costs. No warrant shall bo Is- counties of this state having lift v thoti sued to search a private dwelling occu- Kand population and In which h.v e been pirn as sucn unless some pan or It la or may bo established therein parate used as a atore or ahop, hotel or boarding criminal courts, and the St. 1 n court house, or for any other purpose than a j f criminal corrections, shall ha . jurls prlvalo residence, or unless such real- .mtlon in all eases, either clwl ,1 orlm der.ee la a place of public resort. irial. which may arise In their i.wpoctlte Section b. In cai-e the existence of 1 any place vvhero Intoxicating liquors are manufactured or sold 111 violation of luw Is disi.iot.ed in any criminul proceedings, it shah be the duty of the ptosecutlng attorney to proceed pioinplly (o enforie the provisions ui mis an ugainat surn lace us a nuisance, la any affidavit, inlormation or indictment foi the viola tion of this act, sepuiate offenses may be united in sepaiate counts and tho de fendant may or tneu on ail or tne sepa rate offenses at one trial and the cumu lative penalty for each offense muy he Imposed by the couits. It shall not be neeesaary In any affidavit, Information or indictment to give m name 01 me pur chaser or to incuiae uny ueiensive nega tive averments, out 11 snail 00 sutricieni to state that the act complained of was then and there prohibited and unlawful. Whenever any piosicuiing attorney snail be unnble or shall 111 gleet, full or to fuse to enfori e any of the provisions of this act. or for any reason whatsoever. the provisions ot this act shall not be enforced 111 any county in this stato It shall be the duty of tne attorney-general of the stale to enforce the same In such county, and lor that purpose, he may apoo.nt ua many assistant!! as he ahall deem ueitasnry, and he and his assist ants shall be authorised to sign, verify and tile all uui complaints, affidavits. pennons, luioi ma nuns, indictments nnd papers as the prosecuting uttorney la authorized to sign, verify or hie, and to do and perform nny act that the prose cuting attorney might lawfully du or per foi m. Section 10. Sheriffs, deputy sheriffs, marshals and chiefs of police and pulKc m..n of cities, towns and villages of ibis stale, constables und all oilier police officers, are hereby authorized and direct ed to nppiehend und arrest any person or persons found violating any of the provisions of this act: and to immediate ly tile tho neccasary complaint for such violation beforo the prosecuting attorney of tho county In Whloh such violation of the law occurs, if any alierlff, deputy sheriff, niurshal or oblef of police or po liceman, constable, or other police officer, sliJll fail, refuse or mgicct to discharge any duty Imposed upon him hy this act. sued offi luting officer shall he icmoved from offiie in the mania r now provided by law. 8ertlon 11. If at nny time there ahall be filed with tho cloik of tho circuit oourt of the county In which a permit holder under thla act Is authorized to manuf ,c ture. sell, or wiite pi esci lp Hons for intox icating liquors, a petition, signed by five (il citlxeua or tha prosecuting attorney of aald county, setting forth that any auch permit holder la not. In good faith, obeying the provisions of this act. or haa been coniietid of u vitiation of the pro visions of this nc. ot ihut nu-h pet mlt bold, r Is In the I alnt of iibiiig fpluxi. itin liquois 11s a 1.1 11 rai . ami requeat- lot; th-it tho permit po-.-crscd by such I permit hold r to mannf-iet ore. soil or 1 to wille pr crlptlom- for Intoxlr ntlog tin- uors (.is i he raw may do; ne invoiced. the .Indue of ihe ltd circuit court shall ol der the am! clerk of the circuit court to Immediately Issue a citation lo such permit holder In appear before the slid Judge nt the. court, houso of said eounlv on the first day of the 'next regular term of f.-ild circuit colnt after the date of such order, nt which tlino said petition Minn ho heard and iletcrmineri. jr It l found that anch permit holder Is guilty of violating any of the piuvislons of this act. nr had fnllcd or neglected In file the monthly statements required hy (his net, or Is In the habit of using Intoxicating liquors as n bovernge, then the said Judge of tho circuit court shill either suspend such permit for n definite period of time or shall revoke the sumo nnd render Judg ment for the costs of the proceeding against the permit holder; nnd If such permit holder shall have his permit re voked for 11 second time, such revocation shall act as a bar against the Issuance of any other or fuither permit In tho stnto of Mlssmul. in the event tno permit holder shall be found Innocent of the charges set out In any petition Pled by citizen under this section. Judgment for costs of Ihe yioceedilig shall be rendered against such citizens. Tho Judge of the circuit couit shall have power to sub poena witnesses ntid inquire tho ut tend ance of such vvltncses in the determina tion of nny such pioeeduio under this section the rnme as in civil cases In his Jurisdiction. Section 12. It shall ho unlawful for nnv peison, firm or Corporation to adver tise Intoxicating liquors In any manner In the 'talc of Mission I: I'lovlded, how ever, tlint manufacturers holding permits under this net mny sentl prion lists giving the pi lees and other Information pertain ing to othyl alcohol nnd wines to holders of pel mils nuthoilzed to sell same. Section IS. If any llrm, coiporatlon or association, shall violate any of tho pro visions of this not, any officer, agent. member or cinplovo thereof, noting for It in any ocn uniawiui manner or author izing such niilivvful act li lie done, slmll be personally guilty of such violation, the nmc as though sui-h officer, agent, mem- her or employe himself nail committed the offense, and shall ho subject to (ill lines, penalties and Imprisonment theie for. Section U. All Intoxicating llquo.s un lawfully manufactured, sold or transport ed are contraband nnd they and tho con talneis thereof shall be forthwith sold as provided In section of this act or 1I1 .-.tuned win never tho pinper Judge 01 court -hall hold such liquois to have been manufactured, sold or transported In vio lation of the law. No oh leer or person who destroys contraband liquor shall he liable for anv damages foi such an net. Section IT The phrasea. "intoxicating liquor " or "intoxicating llinois," when ever used In this act, shall bo construed to mem and include any distilled, malt spirituous", vinous, fermented or ntco luihc liquor, all aliohi.llr liquids vvhothoi proprietary, patented or not. which con tain one-half of one per centum of alco hol by volume and which nro potable or caimble of being iwd as n beveiago: I'rovided, however, that when the above mentioned phrases.- "Intoxicating liquor," or "Intoxicating liquors," nro hereafter defined In the laws of tho I'nlted States. . ... .-a ' "-.'. Inn such definition by congress shall ,,f ..i.-..,. i,,' ,,il section nn, and .. .. . . . .' . . ... .... . . hall airplv to the provisions of this net and with the same foice and effect as If the same weie written herein. Section 1C. The phrase, "clerk of the cbcuit court," shall be held to mean and Include, for the purposes of this act, the clerks of the criminal courts in counties of this state having fifty thoiif-nnd popu lation and In which have been or muv be established therein a separate critnlr. I court, nnd the clerk of the St, Jnus court of criminal correction. Such elerk shall perforin the duties prescribed by this act as belonging to the "cleric of the circuit court," In their respective coun ties, or city. The plnase 'judge of lie circuit court" shall be held to mean and include, for the purposes of this atit, tne Judges of the criminal couits In coun ties of this stnto having fifty thousand population and In which have been or may be established therein separate crim inal couits, and the Judges of the St Iiiis court of criminal correction. Sti h Judges shall perfoim the duties piesetlbod by this act ns belonging to the "Judnc of the circuit court" In their lespectivu counties or city. The phrase "prosecuting attorney" shall be hi Id to mean and in clude, for the purpose of this net, the prosecuting attorneys of the criminal courts in counties of this statu having fifty thousand population nnd in which have been 01 may be established th rein separate criminal couits. and tho pinse cutlng attorney of the St. Louis court of criminal conectlon. Such prosecuting at torneys shall perform tho duties pre scribed by this act as belonging 10 tho "prosecuting attorney" In their i .--'-i ctlve counties or city. The word "c.nty" shall bo held to mean and include t r tho purposes of this act. the city of St. Louis. The phrase, "clerk of county court." shell be held to mean and Include, for the purposes of this act. the clerk of the St. Louis court of criminal correction The phrase, "county court," shall be held to mean and Include, for the purposes of this act, tho St. Louis court of 'ilmlnal conectlon. The phiaso "clrtitr court" iiall be held to mean and Include, for the purposes of tills net, the criminal couits in counties of this state having fifty thousand population nnd In which have been or may be established theiein separate criminal court-, ami the St. Ijuls court of criminal cor rection. The circuit courts of this state, not having a separate .ilmlnal ,ourt therein, nnd tho criminal courts In it.-.juKa or districts under the ; tovislons 01 wus aei. Section IT. Any poison cor ted of any violation 01 the provisln- of till act shall, for the first convict). - i e pun ished by a fine In a sum of in t 1. s3 than i.ne hundred dollars iSloOOi more thin one thousand dollars ('" ", or by Imprisonment in the count; ) i-.l for n period of not Iks than tlilrt-. .l-jj days nor more iruin one u year, c- t,y pom auoh fine and imprisonment; .1 I for the second and each subsequent oi.vlctlon. such person shall be punlMu il I., 1 tine In a sum of not less thin ihn-e h m.lied dol lars (JuOU.UUi noi more than . ne thou sand dollar (lt.00u.uui. or In imprison tnent in the county Jail for a period of nut less than three (iii montl'-i nor more than ono ill year, or by hut a ich tine and imprisonment The utoin .-general or pruM cuiiiix aimriuy snail. prepar Ing (omplalnis. informations 1 Indict ments for a Hecond or any s .hsr.quent violations of the provisions f this act. auece sucn previous convictions there n Seitlon 18. This act shall ' In full lon-e anu cneet irom ana at er 12:01 11 m. on the 16th day of Jam. my. A. I). V.co, when the lsth ainendu. it to tho t-eniral l onst till on slmll i, .huh nrul be declared In full force und irect, and all laws tt.- parts of laws In 1 . u-act with tho provisions of this act i e heieby repeaieu. PROPOS1TION NO. 14. REFERENDUM ORDERED BY THE PETITION Or Tilt PEOPLE. Committee cubstltute for Senate bill No. 389, enacted by the Fift ttn General Assemuiy, tne purpose or wini.c is to pro- viae ior a system 01 worainen s compen sntion, elective as to rallrc d, and orl vate employments, compulsory as to the state and other public employers unless their employes reject the act, defining tne tiquiu, amies anu uanrni es of em ployers and employes electing to accept or reject the act, and of thliu persons In connection therewith; creat.i 0 a work men's compensation conuni.sion, de fining Its powers and duties and pre scribing the rules and regulations re lating to tha enforcement ..nu carrying out cf said act. AN ACT to provide a syi.-n of work man's coii penni Hon. oln ti . s to rail roads and piivau em; 1-...... nts, and compulsory aa 10 the at. 11. n-, countloa. municipal corporal lona nn I other pub he employers unless linn mployaa re ject the act; preaerlbli.r. ne manner of election and the effect thereof; de fining the rlxhta and IhiiiP ins ut' urn pluytis and employ" f-.c ' 10 accept or r. jet t ilic net, and ol t art persons In Connection tin it wii' 1 e-whini the powers and dun 1 it, curiums slon and the co irtf. In connection there with, reg'ili.timi the ehnigrs for mnlie il u .l hurinl eri ns s and nltu, iiey s l' ,s pr. scribing the rlahts, duties nnd huh illf lei of the employer's insurer and regulating Insurance r.itm. reset ve nnd policies, i.siiallng the lights ot " ' w ,Vi . , i eeHnln mil ors of rifl aqe; providing' for the. gh h.g and scrying of no ees nc c, n . , 1. Beiumiir nil; niiLiiii.'i ,.. the limitation on proceedings thereun der; providing the means of enforcing awards nnd the ipnin-f nnd extent to which the wime may bo reviewed ny the courts; creating the Mlssoiul work men's compensation commission to ad minister the act and ptcscrlblng Its powers and duties; providing for the Insurance of tho llaiiillty oi nu ompiuy- or for Injury or death of his employes, by Insurance curriers iiilthotiEil to transact tills class of Insiitotico In the stnto or by' self-Insurance; providing n tax on Insurance premiums to defray the expense or administering inn in i. KPe.iIIng all nets or parts of acts liv on tifstrnt theiewlth; nre'crlblng penalties I'll violations of eeititln of Its piovisions and living the tlmo when certain of Its piuvislons shall take effect; with nn emergency clause. lie It enacted by tho fienenil . Assembly of the Stale of Missouri, nr follows Si 1 tion 1. Tills act shall be known ls the workmen's compensation net. Section 2. Kvery employer anil every cniplove. except ns In this act otherwise prnv Id'cd. shall ho conclusively presumed to have aeei pled all of ihe provisions of this ad and respectively to futnfsh nnd accept compensation ns heieln pioviib'd, unless prior to the accident lie shall have til. .1 with the commi'sloii a written notice that he ehcts to 1 eject this act. The pre sumption of eleetion shall be re-estnb-llshed by tiling with lite commission a vvntten notice wlthd.i awing the rejection. Ml such notices f.bnll take L.Tcct on the .la of their tecrlpt by the commission. Thev may be sent hy mall anil the com-mis-ion shall Immediately acknowledge lecilpt thereof. The notice given by tilt employe shall tnko effecl upon nil em 1 1, .nenls a; which he may then or there alter he employed urn!' the rejection Is wlthdiawn. and 0.1 npplloatlnn the com n i-Mim h,ill Inform any employer there of. The employ a shall also Immediately Inf.ini his employer of all sc. h notices, ami the same spill not operate as to nnv employer until the employe Inlorius him therof In writing. Tho commission Mi ill also fuinish to each employer reject ing the net a notice thereof, which the employer shall keep post, d Jn n conspicu ous , lai c on Ins premises wheie It can he sc. n by his employes. Section :!. If both employer find em plove have elected to accept tho provl. -Iocs of this act, the employer shall be liable, lriespectlvc of negligence, to fur n h compensation under the provisions of m;s uct for porsonal Injury or death nt the employ o hy accident arising out of .11-, I 'n the course of his employment, and shall bo iclensed from nil other lla biluv ileiefor whatsoever, Whether to tin employe or uny other person. The rights and remedies herein granted to nn c'uplove shall exclude nil other rights and remedies; of such employe, hot husband, wife, parents, personal r pi ese.:tatives. dependents, heli, or next kin, ut common law or otherwise, on account of such In jury nr death. Nor shall eoinpetis.ninn he allowed for an injury or deatli due to the employe's or another's willful misconduct Including intentional self-lnllicted In lory Intoxication, and willful failure or refusal to uso a safety appliance or perform 11 duty required hy statute, or failure to obey an.v leiMinable rule adoptid by the employer for the safety of tho employe, as to all of which the burden of proof Mian rest upon tne employer. Section . It the employer has elected not to accept the provisions of this act, in any action to nover damages for personal injury or death of his employe in tho course of Ills employment it shall not bo a defense that the sime wa caused by the negllgiilice o' a fellow em ploye, or that the employe has assumed the risk of the injury or death or that tile same was caused in any degree by the 111 gllgence of Un- employe. Such der fi nse -.ball nut be allowed 111 such iietjnn vvhellii'i or not the cmplovi accepted this ait nor shall th y be iiHovvi d In any pro- e'llug f.n' eo.npeiisatlon 11 nil. r this act such detenyt shall be allowed to an em ploy er who has elected to accept this act, Section 5. Sections two, thice nnd four of this act shall not apply to employments of farm labor ami domestic scrvunts, In cluding family chauffeurs. The said sec tions shall not apply to employments which aie but casual nnd not Incidental to the operation of flic usua1 business of the employer, or to employments In which articles and material nio given out to be made up, cleaned, washed, altered, ornamented, finished, repaned ur adapted foi sale in tho home of tho employe or on premites not under tho control or manageni-nt of the employer. If the em ployer has less than tlvo employes regu laily employed In Ills business the said section shall not apply to such employ ment unless such ernnloves nrul rheii- employers voluntarily elect In the man ner herein sepecitled to bo bound by this ueL ,wii employer 111 tins soeiinn ex empted from tho operation of sictlons iwo. ihiee and four of this net. mav irlllC himself Within the lirovlslnms of llo niH by tiling with the commission notice of his election to accept the same, arid any employe thereafter entering the serv ice oi sucn employer, anil any employe remaining in such service thlitv itnvs after such election, shnll bo conciuslve'ly presumed 10 nave elected to accept till act unless be ahall have pled with tho commission and his employer a written notice that he elects to rej.ct the same. ' Section 6. The word "inp lover" n nteu in mis act shall he construed to mean (uj Kvery net son. n-irtnershlo. nnanntn. tion. corporation, trustee receiver .....1 every other person, including nnv person or coiporatlon opetuting n railroad, and any public seivice corporation, using the service or another for pay, and i"i 4 ne staio anu every county, mu nicipal co. p. ration, township, school, road, drainage, swamp and levee district, school board, boaid of education, regenta curators, managers, or control, couimls Kion. boaid and every other political sub division, corporation or quasi-corporation viivii-ui, un ui which puunc employers are hereby made liable to furnish compensa tion under the provisions of this act for .. loiiinii uijuiy or iicain 01 ineir employes ry accident arlslim out nf nn.i i ?i. eoluse of their cmninvment u.itiir,i,t ,n f'Kht of such public employers to elect to ., v ,r piovisions 01 tins act, nut such nuooiij nn.iii not exist 11 tho employe elects to reject this net. lo) Any reference to the employer shall also include his Insurer. .Section 7. (UI ThO vvnril "iimnlnvn" as used In this act shall bo construed to mean every person in the service of nny PIlWi lll'ltr nu ,lnl!t.oa 1.. ui.. . , ' - -rf -. .... uv.iii.i tu mis iiei,, untie any contract of hire, express or implied nfiil r,n u .IH,... 1.... .a.n . ... . ' . ..ut niiuit nut iiiciuue per sons whose average annual earnings ex ceed three thousand dollars, nor officials of political Btibdiv islons. Any reference to any employe who has been injured, shall, when the employe Is dead, also in clude his personal repret-entative., de pendents, and other persons n whom compensation may he payable Tho word employe shall also Include all minor em ployes, and all such minor employes nro heieby made of full age for all purpose:! under. In connection with or niisliig out of this act. b) The word "accident" as usud In this ud slinli, unless a dUTereiit meaning Is clearly Indicated by the context, bo construed lo mean an unexpected oi un forseen event happening suddenly and violently, with or without human fault and producing at the time objective symptoms of nn Injury. The terms "in. Jury ami "personal Injuiles" bIuiII mean only violent to the physical structure of tho body und such disease or Infection ns naturally lesults tlterefioiii. The said twins shall In no case lie consti uod to Include occupational disease In uny form or nny conla .ions or infectious illsou'u contracted during tho course of einp'ov -moot, or I. alh due to natural causes bu occurring wnue uie worKUiun la nt woi k "Loath" vhtn mentioned as a basis lor the right to compensations means ni.iv death resulting from such violence and lta reauiiant ofrectB occurring wlth.n throe liunurud and fifty weeks after the accident. (c) Without otherwise affecting either the meaning or Inteipretation , of tin abridged clause, "personal Injur Us arls ing out of a. .1 in the course of employ ment," It Is hereby declared not to cover workmen oxi. ,.t while en g fed In, , (.r about I ne pi . 11 P 1 - w hi re 1 In lr dutle 1 inr beinif p-nfe-n. I or where thei) hoi .0 es rnquiri s lp- r pit . m.e as a part of nu. h Bervin.d ui P. 1 tune of tie injury, a. hi durliiR the hours of service nu -ion -vork- ",8e ton 8 Nofhlnf In Oils rt rtnll l.e 001 si run! i.s "ineiidl,niT or tep, aline a.. Hta-u'e or ordinance rela ik to tloVs or funds for the relief, pen-do nu. retirement, or other .benefit of lire men. policemen, or oilier pm'i'c ""' ? 'i , r:!:l0rIrf;!, "fer ni ! wiih stich 'n- at n s f unds or l.enellls. now ot here - .... . , . ploye. his widow;.. children or J'-PfnUoiit.. r,"h,.rlicr.ilU fund to Which the mil- nlcltial cVpnrntlon or other pu tic 0.1.- p oyer eontr nines, n pari 01 1. .. "'", proportionate to tho amount thei bel in? contilhuterl to such fund by h -ployef. which deductions shall ho made onlv dttrlnrf the compensation period. M't" slmll anything It. this act be co.tstr uod s interfering with the right of nny public employe to draw full w;n(te., or collect nnd retain his full fees, so long as he h Ids 1 office, appointment or employment, but tho period during vvhlch the ; same, are re ceived after the Injury shall He deducted from the period of compensation pay ments duo hereunder. , Seel lop 9 In case .any employ 0 Tor whoso Injury 01 death compen satlon Is pnvable under this act shall, at tho time of' tho Injtuy, be employed and paid Jointly bv two or moro employeis subject to this act, such employers shall con tribute the payment of such compensa tion In the proportion of their several vvnire liability to such emplove If ono or moro but not nil of such employers should he subject to this net. and other wise snhlcet to liability for compensation hereunder, then the liability of the entire compensation which their proportionate wage liability bears to tho entire wages of the employe: Provided, however, that nothing in this section shall prevent nny arrangement between such employers for a different distribution, as between them selves, of the ultimate burden of ntich compensation. , , Section in. (a) Any person who has work done under contract on or about his premises which Is nn operation of tho usual business which he there carries on, shall be deemed an employer nnd shall be liable under this net to such contrnctor, Ills subcontracts, nml their employes., when Iniured or killed on or nbotit tho premises of the employer while doing work which Is In the usual course of his business (b) The provision of Ibis secllon shall npply to the relationships of landlord und tenant, and lessor or lessee, when created for the fraudulent purpose of avoiding liability, but not otherwise In such cases the landlord or lessor shall be deemed the employer of the employes of the tenant or lessee. (c) The provisions of this section shall not ripply to the owner of promises upon which Improvements are being elected, demolished, altered or repaired by an in dependent contractor, but such independ ent contractor shall he deemed tn ho the employer of the employes of his subcon tractors and their subcontractor when employed on or about the premises vvhero tho principal contractor Is doing work (d) III all oases mentioned In the pro cedltic' subsei-t ions, the imniodfnfe con tractor or subcontractor shall bo liable as an employer of the employes of his sub contractors All persons so liable may be mado parties to the proceedings on the application of any party Tho liability of the Immediate employer shall lie primary, and that of the others nooondary In their order, nnd any compensation paid by those secondarily liable may be recovered fiom those primarily liable, with attor ney's fees and expense. of "ie suit. Such recovery may be had on motion In the original proceeding (e) No Mich employer shall ho liahle as In this ,-eeUon piovlded, f tho employe was Insured by 's Immediate or any in termediate employer. Section 11. If a third person not In the same employ Is also liable, the employe may elect to hold eh her tho employer or the third person. Klectlon to hold the third person shall release the employer. Election to hold tho employer shall op erate as an assignment of the cause of action a-ialnst the tnlrd person which tho employer or his insurer may enforce in his own name or that of tho employe, and In such action recovery may lie had of tho amount of compensation awarded, with the reasonable expense of the suit, Includnv: attorney's fees lOlectlon to hold tho employer shall not be doomed to have been made until a claim for compensation Is filed wilh the commission .Section li. (a) This act shall apply to all cases within Its provisions, except those exclusively covered by any federal law. (b) This act shall apply to all Injuries received In this stato. regardless of vvhero tho contract of employment was made, and nlso to nil Injuries received ntitslilo of this stnto under contract of employ ment made In this slate, unless the con tract of employment In any such case shall otheriviso provide. Section 13 (a) In addition to all other compensation, the employe shnll leeclve such medical, surgical and hospital treat ment, including nursing, ambulance and medicines, us may leiisonnbly bo required for the first eight weeks after the Injury or disability, to cure and relievo from tho ertects or tho injury, and not exceeding tne amount, of two Hundred dollara. If tho employe desires, he shall havo the right to select his,own physician, surgeon or other such requirement at his own expense Where such requirements are furnished by a public hospital or other Institution, payment therefor shall be made to tho ptoper authorities (b) If It be shown to tho commission that such requirements nro being fur nished In such manner that there Is rea sonable ground for believing that the life, health, or recovery of tho employe Is en dangered thereby, the commission may order a change In the phys'cian, surgeon, liospltnl or other requirement (c) All fees nnd charges under thin sect Inn shall be fair and reasonable, shall bo subject tn tegulation by tho commis sion, anil shall be limited to such as are fair ami reasonable for similar treatment of Injured persors of a like standard of living. Tho commission shnll nlso hnve jurisdiction to bear and determine all dis putes as to ptieh charges. (d) No compensation shall be pnyablo for the death or disability of an employe, If and in so far ns the same may bo caused, continued or aggravated by an unreasonable refusal to submit to any medical or surgical treatment or opera tion, tho risk of which Is. In tho oiilnlon of the commission, inconsiderable In vlovv ot the seriousness of the iniury If the employe dies as a result of an operation made necessary by the Injury, such deatli shall he deemed to bo cause. 1 by the injury. (e) The testimony ol anv p'lyslclan who trented tho eninlove slmll be admls. slble In evidence In any proceedings for compensation under tnts act if) Kvery hospital or other poiion fur nishing the emu ove with medical aid shall permit its lecnids lo bo copied by and shall furnish full Information to the commission, tho employer, tho e.i iployo or his dependents itnd any other nartv to any pi oceeilings for eompeiif.nl 'on under this act, and certllled copies of such rec 01 ds shall be admissible In evidence in any suob proceedings Section 11. (a) IJxcept us pro. hied In section 13. 110 compensation sh:i be nnv. able for tho first seven ilnvs oi less of disability unliss the disability shall lust longer than six weeks. (b) Compensation shall be pi vuhle as the wages weie paid prior to the injury or at least-once every two weeks I Inch In stallment shall hear Interest at tho rate of six per cent per annum from date when duo until nnid. Comni-nsollon shnll ho payable 011 tho basis of fiO' per cent of inn aveiuge earnings 01 uie employe com puted in accordance with the rulea given In section "2 of this net (c) Tho employer shall be entitled to credit for wages paid the employe after tho Injury, and for any sum puld to or for the einPlovu or his denemleni count of tho Injury except for llnblllty under section 13. Section IS I-or temporary total dis ability the employer shall n.av coi,.t.,.,,.. 1100 mi iiui mine, tiian tour Hundred weoka during the continuance of such t disability, but not less than h!x dollars nor more than lllteen dollars a week ieiiii fi.o wngea if Ilia average eurnliuis amount to IDSH lllUll SIX DOIIUIN H, WCCK Section 16. For lomuornrv nan hit ,iiu ability compensation shall be nuul iim-i,,,. such disability but not for mure thin, n... hundred weeks, and ahali he 6(i, per curt of the difference between the uveraicc earnings prior to the accident and the amount vvhlch the employe, in the exer 1 1 si of leusonable diligence will i.e nt,e 10 em 11 timing inn Disiiiuuty 10 no oe u mimed In view of II).' I iti.ro ami , xtPI1t a 'lie injury iiuu 110- an niv the cm 1 i' ye to compete In un open ,i..ir mai-Ket not to exceed, however, twelve oolinrs per W-ec'llon 17. fa) For perrnnnotit pnrtl.il .Habliuy. In ndditlon lo nil (Uhor compen -H," n 1 the employer (d.iill pay to the 011 oyo fir Per cent of h's average enriiltiuH ns computed i I uoeordiuioo with sect! in 1 22. but not -ess than Blx dollar. nor n'orc than fifteen dotlais tier wok, for tho pcilod hereinafter provided: Nature of Injury. Wcok 1 Loss or major arm fit shoii-der. .. U20 2 L,nss of minor arm at shoulder.. . 200 3 Loss of major arm between shoul der and elbow...... HO 4 Loss of minor nnn between shoul der and elbow 100 K Los. of major arm at elbow Joint. MO 6 Loss of minor arm at elbow Joint. 180 7 Loss of major arm between elbow and wrist 1M 8 Loss of minor arm between elbow and wrist 170 9 Loss of major hand at tho wrist Joint 165 10 Loss of minor hand at tho wrist Joint 150 11 Loss of thumb of major hand at proximal joint t& 12 Loss of thumb of minor hand at proximal joint 50 13 Loss of thumb of major hand at distal Jnlnt 40 14 Loss of thumb of minor hand nt distal joint 30 15 Loss of index finger nt proximal joint, major hand 40 16 Loss of Index linger at proximal joint, minor hand 38 17 Loss of Index linger at second Joint, major bond 32 IS I.OSS Ol lliuex linger 111 seconu joint, minor hand 19 Ixiss of Index linger at distal Joint. ZS major hand 28 20 Loss of Index linger ut distal Joint, minor hand , 24 21 Loss of either the middle or rim; linger at the proximal joint, major hand 32 22 Loss of either tho middle or ring flni-'er ut tho Proximal Joint. minor hand 23 Loss of either the middle or ring linger at second Joint, major hand 28 28 24 Loss of either the middle or ring linger at second Joint, minor hand Loss of either the middle or ring linger at the distal joint, mujor hand Loss of either the middle or ring linger ut the distal joint, minor hand : Loss of llttlo linger at proximal Join'., major hand . Loss of little finger nt proximal joint, minor hnnd Loss of little linger nt second joint, major hand Lor.. of llttlo linger at second Joint, minor hand Loss of llttlo linger at distal Joint, major hand Loss of llttlo linger nt distal joint, minor hand Loss of one leg at tho hip Joint or 24 25 2 28 12 33 so near thereto as to preclude tho uso of urtillckil liml 195 Loss of one leg at or obovo the knee, whciu tiio stump remains sufficient to permit tho use of artillulal limb 150 Loss of one leg at or above ankle and below knee Joint 125 Loss of ono foot, In tarsus 140 Loss of one foot, In metatarsus., 100 Loss of great too of one foot at proximal Joint 35 Loss of great toe of one foot at distal Joint 20 31 Loss of any other toe at proximal Joint Loss of any other toe at second 12 joint s Loss of any other toe at distal Joint 6 Complete loss of otic eye 110 Complete loss of tho sight of one eyo 100 Complete deafness of both ears... 100 Complete deafness of one ear, the other being normal 40 For permanent Injuries other than those nbovo Bpeclllctl, tho Bald compensation shall be paid for such pcrlotl as aie pro portionate to the relation which the other Injury bears to the Injuries above specl lled, but 110 such period shall exceed four hundred weeks Such other injuries, shall Include permanent Injuries causing a Ins. of earning power, disfigurement and muti lation. If an employe be seriously and permanently disfigured about the face or head, the hoard may allow such sum for compensation on account thereof, as It muy deem Just, bnsod upon the handicap uno'a.i.ii l.v ti,r. iniiiro.il eninlove ill obtain ing employment, out sucn sum sumi exceed $750 0U. (i.i in nil ehiims for compensation for hernia resulting fiom Injuiy arising out of and in tho course of the employment, 11 must he definitely proved to tne saiisi."-- IImm nf tlin l.,,'ir,. l.'iist. lll.'lt tllCrO WUS an accident resulting In hernia, second. that tho Hernia uppearou suuucuiy, companled by Intense pain; third, that the hernia immediately followed the accident; fourth, that the hernia did not exist In any degieo prior to the accident resulting In tho Injury for vvhll-h compensation 1 claimed. All hernia inguinal, femoral or othervvibo, &o pioved to be the icsult of an accident arising out 01 aim in u course, of the employment, Hhall, when necessary, be treated In a surgical manner by radical operation. If death resulta from sucn operation, the oeaiu snaii consideied as 11 lesult of tho Injury, and compensation paid lu accordance with the provisions of suction 21 (b) In non-fatal cases, time loss only snail no pain, um it is shown hy .special examination that the Injuied employe lias a permanent par tial disability resulting after tho opera tion, if so, compensation shall be paid in accordance with tin- provisions hereof applicublo to peimanent purlin! disability. In case the injuied employe ictuses to un dergo the rudkal opuiailon for tho re duction of said hernia, when such opera tion is lu-ecusary, 110 compensation win bu allowed during the tlmo such refusal continues if, howuvei. It Is shown that tho employe has sorno chronic disease or 1 is otnervviHo 111 sucn physical conuiiiun 1 that it Is consideied unsafe for him to undergo said operation, ho shall be paid C6-J3 per cent of ills averago vsuges for a period of 10 weeks Section 18. (a) For permanent total disability compensation shall bu paid on the naals or utifa per cent of tne milium oarnliigs duiing two hundred foity (240) weeks, and thereafter 011 tho basis of 10 per cent of tho average earning for life, nut not less tiiun six dollara nor 111010 tluin fifteen dollais a week. (b) When caused by the uccident tho loss nf both eyes or the sight ihmcof, tho loss of both hands or the uso thereof, un Injury resulting in practically total und permanent paialyslH or an Injury result ing in Incurable Imbccllltv 01 insanity. shall bo conclusively presumed to lie per manent total illsahllltles, and Hi all other cases permanent total disability shall bo determined In accordance with the facta. Section 111. (a) In all cases of perma nent disability where the.ru bus been a previous disability there shall bo deducted from tliu amount of compensation payable, tho amount paid for the pluvious disabil ity, und compensation nhail be paid for the difference. If tho resulting condition bo a total permanent disability, the com pensation period of such total disability shall be five hundred weeks, and the period of the previous disability Hhull be deducted therefrom. (b) If more than one Injury In tho same employ causes concurrent temporary (lisabllltieH, compensation shall be pay able only for tho longest and largest paying disability. (c) If note than one Injury In the same employ causes concuirent ami consecutive permanent disabilities, compensation pay ments for each subsequent disability shall not bogin until the end of the compensa tion period of tho prior disability. Section 20 The death of tho Injured employe ahull not aifect tho liability of tho employer' lo furnish compensation tu In this act piovlded, so far as audi lia bility Iiuh accrued ami become payable ut the lliuo of the death, und any accrued and unpaid compensation duo the em ploye, shall bu paid to his dependents without administration, or if thoio bo no dependents, to Ills personal rcpiubontatlvo or othei person entitled theioio, but iiucli deatli shall be deemed to be tho termina tion of the disability. Section si. If ihe Injury oauneH death, oltber witli or- without disability, the com pensation therefor shall liff as provided In this section. la) In all cases the employer shall pay dlreat to the persons furnishing Hie a.iiuo the leasnnabie expense of the burial "(of tha deceased Minploye 11 it excce-.bui; ut.e bundled dollais. and. If not covire.l by tho provisions of hectlon l't. H -able expense of Ills last an km is to. i uedin two hundred dollam. I. 1. m poi--011 shall be oiltitlfiil lo compel . ut'-. 1 fjr Mirt4iil