MISSOURI
401
MISSOURI
(tept. In cities or to\TOs of less than two thousand
inhabitants the petition must be signed by a majority
of the tax-paying citizens, and a majority in the bloclc
where the saloon is to be kept. The law provides that
the licence may be revoked upon the application of
any person showing to the county court that the
licence-holder does not keep an orderly house, and it is
provided that one (1) whose licence has been revoked,
(2) who has violated any of the provisions of the licence
law, (3) who has sold liquors to any minor, (4) who
has employed in his business of saloon-keeper any per-
son whose licence has been revoked, shall not be
entitled to a licence. The law prohibits (1) the sale
of intoxicating liquors to habitual drunkards, minors,
or Indians, (2) the keeping of female employees in
saloons, and (3) the keeping, exhiliiting, or using of
any piano, organ, or any other musical instrument in
a saloon. These law's are generally enforced. The law
provides that upon application by petition to the
county court signed by one-tenth of the qualified
voters of any county, who shall reside outside of the
cities or towns having a population of 2500 or more,
an election shall be held to determine whether or not
spirituous liquors shall be sold within the limits of such
county. In cities or towns with a population of 2500
or more, the jjetition is made by one-tenth of the quali-
fied voters to the body having legislative functions
therein. If a majority of the qualified voters at such
election vote against the sale of intoxicating liquors,
no licence can be issued for the sale of liquor within
such jurisdiction. Section 3034 R. S. of 1899 provides
among other things that nothing in the law shall be so
construed as to prevent the sale of wine for sacramen-
tal purposes.
Prisons and Reformatories. — The state peniten- tiary is at Jefferson City; there is a reformatory for boys at Booneville and an industrial home for girls at Chillicothe. The law provides for the appointment of a chaplain for the penitentiary bj' the warden and the board of inspectors, consisting of the state treasurer, auditor, and attorney-general. The law makes no reference to the religious denomination of the chap- lain, but provides that his selection shall be governed by his special qualifications for the performance of the duties devolving upon him. He is required to conduct at least one service each Sunday; to visit convicts in their cells at least once a month, when practicable; to visit the sick in the hospital at least once a day; to hold religious services in the hospital once a week. He shall have charge of the prison library and the pur- chase of books; he shall officiate at the funeral of each convict, and be present at his burial; he is paid the salary of 81200 per annum. The law further provides that clergymen of every denomination of the City of Jefferson shall at all times have free access to the prison, or may visit any con\ict confined therein — subject only to such rules as may be necessary for the good government and discipline of the penitentiary — and may administer rites and ceremonies of the Church to which such convict belongs, if it be so desired. There is no statutory provision for a chaplain at the reformatory or the industrial home. Such religious ceremonies as are held at these institutions are con- ducted by tho.se interested in the work through ar- rangements made with the officials in charge. Such ceremonies are largely within the discretion of the officials, but the spirit of the law as laid down for the penitentiary prevails. This is :dso true of the state msane asylum and the reform schools anrl jails of the cities. In a majority of these institutions religious services are held by Catholic priests at regular inter- val.-;, and accommodations are provided for the celebra- tion of Mass and the administration of the sacraments.
Charitable Bequests. — The courts are accus- tomed to permit every charitable use to stand, which comes fairly within the Statute of Elizabeth. While this statute has not been incorporated in the state X.— 26
laws, its general provisions have been followed by the
decisions. A case involving the Mullanphy will,
which left a fund to furnish relief "to all poor emi-
grants and travellers coming to St. Louis on their w.ay
bona fide to settle in the West", reported in 29 Mo.
543, brought out an early discussion of charitable
bequests; this provision was declared valid, and, as a
precedent, has been generally followed. There is no
statutory limitation, as in some states, upon the
amount that may be bequeathed or devised to charity.
The Constitution of 1865 prohibited all bequests and
devises of land for religious purposes. A bequest for
Masses was held void imder this section of the consti-
tution. An outright gift to the Archbishop of St,
Louis was also held void because it was shown there
was an understanding that the money was to be used
for religious purposes (Kenrick vs. Cole, 61 Missouri,
572) . This section was omitted from the Constitution
of 1S75, and the courts have been liberal since in con-
struing such bequests as charitable and therefore
valid.
Dioceses and Catholic Population. — The state is divided into three dioceses^hoseof St. Louis, Kansas City, and St. Joseph. The Diocese of St. Louis com- prises all of the eastern half of the state; that of Kan- sas City the western portion of the state, south of the Missouri River, and the Diocese of St. Joseph the western portion of the state^ north of the Missouri River, The Cathohc population in 1909 was 4.52,703. There are about 3000 Catholic negroes in the state, with one church in St. Louis and one coloured priest. There is one coloured Catholic school with 110 pupils, and one orphan-asylum for coloured children, con- ducted by the Oblate Sisters of Providence.
First Catholic Missions. — ^The Cross was planted among the Indians who inhabited the region now known as Missouri during the first half of the sixteenth century by De Soto, who was buried in the waters of the Mississippi in May, 1542. Marquette descended the Mississippi as far south as the thirty-fourth degree in 1673, more than a century and a quarter after De Soto had marched northward, and tells us that he preached the Gospel to all of the nations he met. It IS thought by some that there was a white settlement at the mouth of the River Des Peres in Missouri, a few miles south of St. Louis, even before the historical set- tlement of Cahokia, Illinois (the sole centre of civiliza- tion in the Mississippi Valley for some time), but the first permanent settlement of which we have any record was made at Ste. Genevieve about 1734. Among the oldest records in the state are those of the Catholic church at Ste. Genevieve. There was also a mission in 1734 at Old Mines, which was a military station in Missouri. Ste. Genevieve and Old Mines were attended by priests from Cahokia. The first mis- sion was established in St. Louis in 1764, and the first church was built in 1770. A mission was established at Carondelet in 1767. Fredericktown, New Madrid, St. Charles, and Florissant were missionary points during the last half of the eighteenth century. The Lazarist Fathers were established at Perryville in ISIS, and the Jcsviits at Florissant in 1823. The early settlements were made up of French, many of them coming from Canada. A great many German Catho- lics c.-ime to the state during the first part of the nine- teenth century, but the first German sermon of which wc have any record was proaclied by Rev. Jo.seph A. Lutz at St. Louis in 1S32. During this .same period a large portion of the immigration was made up of Irish Catholics. The names of many of the early settle- ments bear evidence of the Catholicism of those who were first established there. The later immigration into the state has been made up of almost every na- tionality, and almost all of the Catholic countries are represented. A famous episode in the state's history was Archbishop Kenrick's successful resistance to the test oath required by the Drake Constitution of
