CH. 103] LAWS OF THE THIRTY-FOURTH GENERAL ASSEMBLY CHAPTER 101. BOUNTY ON POCKET GOPHERS. S. F. 341. AN ACT to amend section two thousand three hundred forty-eight-a (2348-a), of the supplement to the code, 1907, relating to bounties. Be it enacted by the General Assembly of the State of Iowa: SECTION 1. Amount of bounty. Section two thousand three hundred fortyeight-a (2348-a) of the supplement to the code, 1907, is hereby amended by striking out the words "not exceeding" following the word "bounty" in the second line of said section, and inserting in lieu thereof the word "of". Approved April 5, A. D. 1911. CHAPTER 102. SALE OF INTOXICATING LIQUORS. H. F. 30. AN ACT to repeal section two thousand three hundred eighty-three (2383) of the code of Iowa, and to enact a substitute therefor, relative to the penalty for the violation of the laws relating to the sale or keeping for sale of intoxicating liquors. Be it enacted by the General Assembly of the State of Iowa: SECTION 1. Repeal-penalties. That section two thousand three hundred and eighty-three (2383) of the code of Iowa be and the same is hereby repealed, and the following enacted in lieu thereof. "Whoever is found guilty of violating any of the provisions of the preceding section, for the first offense shall pay a fine of not less than fifty ($50.00) dollars nor more than two hundred ($200.00) dollars and cost of prosecution, and stand committed to the county jail until such fine and costs are paid; for the second and each subsequent offense he shall pay, upon conviction thereof, a fine of not less than three hundred ($300.00) dollars nor more than five hundred ($500.00) dollars and costs of prosecution, or be imprisoned in the county jail not to exceed one (1) year." Approved April 13, A. D. 1911. CHAPTER 103. SALE OF INTOXICATING LIQUORS BY PERMIT HOLDERS. H. F. 214. AN ACT to amend section one of chapter one hundred thirty-nine (139) of the laws of the thirty-third general assembly, relating to the sale of intoxicating liquors by permit holders. Be it enacted by the General Assembly of the State of Iowa: SECTION 1. Permit holders to fill out blank requests. That section one (1), chapter one hundred thirty-nine (139), acts of the thirty-third general assembly, be and the same is hereby amended by striking therefrom all that part of said section beginning with the period in the twelfth line thereof to LAWS. OF. THE THIRTY-FOURTH GENERAL ASSEMBLY [CH. 104 and including the second word "ink" in the fourteenth line thereof, and inserting in lieu thereof the following: "Such blank requests and the corresponding stubs shall be filled out by the person making the sale in ink and in the presence of the applicant for such liquors and prior to the applicant's signature thereof." Approved April 15, A. D. 1911. CHAPTER 104. SALE OF INTOXICATING LIQUORS BY WHOLESALE DRUGGISTS. H. F. 278. AN ACT relating to the sale of intoxicating liquors by wholesale drug corporations, additional to chapter six (VI) of title twelve (XII) of the code. Be it enacted by the General Assembly of the State of Iowa: SECTION 1. What permitted-written requests. Any corporation doing a general wholesale drug business within the state and having a registered pharmacist who holds a permit to sell intoxicating liquors, and is financially interested in and actually engaged in the conduct of said business, may sell and dispense intoxicating liquors, not including malt liquors, for the purpose of compounding medicines, tinctures, and extracts, none of which can be used as a beverage, to any registered pharmacist conducting a general drug business. within the state, or to any firm or corporation having a registered pharmacist financially interested therein and doing a general drug business within the state, and to physicians duly licensed under the laws of the state; and for resale, to registered pharmacists holding a permit to sell intoxicating liquors. Such sales of intoxicating liquors shall be made only upon the written request of the registered pharmacist or physician desiring to purchase the same, said request to be signed by the applicant for the purchase and countersigned by the permit holder of the corporation making the sale with his name and the date the goods are delivered for transportation, and shall be in the following form: To..... Reg. Phar. No..... .Iowa. .19.... I hereby make request for the purchase of the following intoxicating liquors : .Reg. Phar. No.. .day of. 19. My true name is.. I am (1) a pharmacist registered under the laws of the state of Iowa, my registry : number is........, I am conducting a general drug business in..... Iowa; (2) a physician duly licensed under the laws of the state of Iowa, and have my office at... Iowa, where I am engaged in the practice of medicine. The actual purpose for which this request is made is for... Signature of Purchaser. SEC. 2. Requests-how signed. Requests for intoxicating liquors made. under the provisions of the foregoing section need not be filled out and signed CH. 104] LAWS OF THE THIRTY-FOURTH GENERAL ASSEMBLY in the presence of the permit holder countersigning the same for the wholesale drug corporation, but may be done by the applicant at his place of business and forwarded to the corporation of whom the request is made. Said request shall be preserved and returns made to the county auditor in accordance with the provisions of section two thousand three hundred and ninety-seven (2397) of the code, but said requests need not be consecutively numbered. SEC. 3. Shipments-how made. Intoxicating liquors shipped under the provisions of this act may be enclosed in the same box, package, or carton containing other drugs or merchandise. In all cases of such shipments of intoxicating liquors the bill of lading shall set out that intoxicating liquors are in the shipment with the kind and amount of the same, and one copy of the bill of lading shall be signed for the wholesale drug corporaton by the permit holder provided for in section one (1) of this act, or any officer of such drug corporation. SEC. 4. Common carriers to receive goods for shipment-when. All railway, transportation and express companies, and other common carriers shall receive intoxicating liquors from corporations conducting a wholesale drug business and ship to registered pharmacists and physicians. Before receiving such shipments, the common carrier shall require the corporation to file with it a copy of the permit of the permit holder connected with the wholesale drug corporation making the shipment, said copy to be certified by the clerk of the district court; the affidavit of any officer of the corporation that said corporation is actually and in good faith engaged in the wholesale sale of drugs in this state, and that the permit holder is a stockholder in the drug corporation; and with each shipment of intoxicating liquors a bill of lading made out and signed as provided for in section (3) of this act. The foregoing provisions having been complied with, the common carrier shall be relieved from all liabilities otherwise imposed by law for the transportation of intoxicating liquors. SEC. 5. Failure to comply. A failure to comply with all or any of the provisions of this act shall render the person who so fails to comply liable to all the penalties otherwise imposed by law for the sale and transportation of intoxicating liquors within the state. SEC. 6. "Corporation" defined. The term corporation, as used in this act shall be construed to include corporations, firms and persons engaged in the general wholesale drug business within this state. SEC. 7. In effect. This act being deemed of immediate importance shall take effect and be in force from and after its publication in the Register & Leader and Des Moines Daily Capital, newspapers published in Des Moines, Iowa. Approved April 7, A. D. 1911. I hereby certify that the foregoing act was published in the Register and Leader and the Des Moines Capital, April 10, 1911. W. C. HAYWARD, LAWS OF THE THIRTY-FOURTH GENERAL ASSEMBLY [CH. 105 CHAPTER 105. CERTIFIED LIST OF FEDERAL LIQUOR LICENSE HOLDERS. H. F. 436. AN ACT authorizing and directing county attorneys to secure from the federal internal revenue collectors for Iowa certified copies of the names of all persons holding receipts or stamps showing payment to the federal government of the special tax imposed upon the business of selling intoxicating liquors within their respective counties, other than registered pharmacists holding valid permits to keep and sell intoxicating liquors for medicinal and pharmaceutical purposes and persons engaged in selling intoxicating liquors under the mulct law, and making such certified copies competent evidence, and the payment therefor. [Additional to chapter six (6) of title twelve (XII) of the code, relating to intoxicating liquors.] Be it enacted by the General Assembly of the State of Iowa: SECTION 1. County attorney to secure certified copy of names. That the several county attorneys of this state are hereby authorized and directed to secure from the federal internal revenue collectors for Iowa, on or before the fifteenth day of January, April, July and October of each year, a certified copy of the names of all persons who have paid to the federal government special taxes imposed upon the business of selling intoxicating liquors within their respective counties, except such persons within their counties as are engaged in the sale of intoxicating liquors under the mulet law and registered pharmacists who hold valid permits to keep and sell intoxicating liquors for medicinal purposes, and to pay to the internal revenue collector the fee prescribed by the statutes of the United States. Said county attorney shall file with the county auditor of his county a certified statement of the amount paid to such internal revenue collector, and the board of supervisors shall audit and allow the same at their next regular or special meeting. SEC. 2. Certified copy filed and recorded. Upon receipt by the county attorney of certified copies of the names of all persons in his county who have paid the federal government the special tax imposed on the business of selling intoxicating liquors as aforesaid, the county attorney shall, after examination of said list, file the same with the auditor of his county, who shall record the same in a book kept therefor, which shall be open to public inspection. SEC. 3. Prima facie evidence. The certified copy furnished by the internal revenue collector of the name of any person who has paid to the federal government the special tax imposed upon the business of selling intoxicating liquors shall be prima facie evidence that said person is engaged in the sale of, or keeping with intent to sell, intoxicating liquors in violation of law, unless said person by way of defense shows that he has complied with all the terms and conditions of the mulet law, or that he is a registered pharmacist, actually engaged in business as such and said certified copy shall be competent evidence in any court within this state. Approved April 15, A. D. 1911. CH. 106] LAWS OF THE THIRTY-FOURTH GENERAL ASSEMBLY CHAPTER 106. MINES AND MINING. S. F. 282. AN ACT to amend section twenty-four hundred seventy-eight (2478), of the code; to repeal section twenty-four hundred eighty-four (2484), of the code, and enact a substitute therefor; to repeal section twenty-four hundred eighty-five (2485), of the code, and enact a substitute therefor, to amend section twenty-four hundred eighty-six (2486), of the code, to repeal section twenty-four hundred eighty-seven (2487), of the code, and enact a substitute therefor, to repeal section twenty-four hundred eightyeight (2488), supplement to the code 1907, and enact a substitute therefor, to repeal section twenty-four hundred eighty-nine (2489), of the code, and enact a substitute therefor, to amend the law as it appears in section twenty-four hundred eighty-nine-a (2489-a), of the supplement to the code 1907, to repeal section twenty-four hundred ninety-three (2493), of the code, and enact a substitute therefor, to repeal section twenty-four hundred ninety-four (2494), supplement to the code 1907, and enact a substitute therefor, relating to mines and mining, safety appliances, means, methods and equipments thereof, the appointment of mine inspectors, defining their powers and duties, requiring surveys of mines and records to be kept thereof, requiring escape and air shafts and equipments and location thereof, fire proof buildings for boiler and engine rooms, safe and convenient traveling ways and equipments thereof, the amount of ventilation, stoppings and breaks-through, means of communication from top to bottom of shaft, slope or drift, and from bottom thereof to the working parts and providing safety equipments for shafts, slopes or drifts and fixing the. age within which boys may work in the mine, and providing for the safety of employes where explosives are used, the location of stables, gasoline engines and pumps, and the revocation of certificates of mine foreman in certain cases, defining the duties of mine foreman and definition of mine foreman, the duties of workmen in mines and mining and defining the power and duties of mine owners, lessees, operator and person in charge, the character and kind of illuminating oils and other substances and providing penalties. Be it enacted by the General Assembly of the State of Iowa: SECTION 1. Mine inspectors-appointment-vacancies-bond. Section twenty-four hundred seventy-eight (2478), of the code, is hereby amended and when so amended to read as follows: "The governor shall appoint three (3), mine inspectors from those receiving certificates of competeney from the board of examiners as by law provided, who shall hold their office for a term of three (3) years and until their successor shall be appointed and qualified, subject to removal by him for cause, their term to commence on the fourth day of July, 1911, and at three (3) year periods thereafter, the present incumbents shall continue in office until their successors are appointed and qualified. Any vacancies occuring shall be filled in the same manner as original appointments and the appointee to hold for the unexpired term only. Each inspector shall in no way be financially interested in or connected with any mining property, or directly or indirectly act as the agent, officer or representative of any person, firm or corporation, and shall devote his entire time and attention to the duties incumbent upon him as inspector of mines in the state of Iowa, and shall before entering upon the discharge of his duties, give a bond in the sum of two thousand ($2000.00) dollars and take an oath to be endorsed upon his bond, with sureties to be approved by the secretary of state, conditioned in accordance with the tenor of the oath. The bond shall be conditioned to faithfully and impartially without fear or favor perform the duties incumbent upon him, which shall be filed with the oath and commission and recorded in the office of the secretary of state." SEC. 2. Removal of inspector. Section twenty-four hundred eighty-four (2484) of the code, is hereby repealed and the following enacted in lieu thereof: |