The Montgomery advertiser., 1907-10-26

We are led to make this request be- cause of our conviction that the sale Of liquors during the State Fair upon the grounds of the association is inimi- cai to the highest interests of the State and the community, and our assurance that you desire with us the enforce- ment Of the laws enacted by the State
 Respectfully yours.
 Charles A. Stakeiy,
 Neal L. Anderson,
 w. M. Cox. C0fTirlfttee Pastors Union.ss
 AherfM to Solicitor.
 Sheriff Hood turned both these let- fers ever to Solicitor Dent. his letter being AS follows;
 october 24. 1907. Hon & H. Dent, Solicitor. City.
 Dear Sir--Enelosed find two corn- munieati0ns. one addressed to the Gov ernor of Alabama. which has been handed to me by the Governor, and the other addressed to me, both signed by committee of the Pastors Union. calling my attention as sheIfe to al- legged violations of the law by tho sale Of whiskey and the selling of pools at Vandiver Park during the last State Fair and requesting me that If such violations of law are repeated to aid the officers of the Agricultural Fair "~---rN%e-~~A& have given public assurances of their earnest desire to preserve the Fair grounds from all corrupSing influences in enforcing the law.
 win you kindly give me a written opinion as to whether the sale of whis- key at vandiver Park is 8 violation of the prohibition law of Montgomery County and any further facts connect- cd herewith that is necessary for me to take steps In the direction indicated.
 Very truly yours, Horace Hood,
 Sherim Montgomery County"
 The Solicitors opinton.
 Tie opinion of Solicitor Dent in re- sponss to this request was as follows:s
 'Montgomery. Ala, October 24, 1907. ~kion. Horace Hood, SherifE Of Mont-
 gomery County, City:
 Dear sir--1 am receipt of your conn muntcation, asking my advice relative to the law regulasing the sale of whiss. 7 Key and pools at Vandiver Park.
 There Is very stringent statute in fnfs state. approved February 5, 1S97, printed as fo0t-nOte to page 2sS of the Criminal Code. which was intend ed to prohibit booksmnking or pool selling 6n horse racing or other forms of gambling. This act makes 1t a mis- demeanor for any person Co bay or sell pool ,or any inteSest or share in pool tAfS@A eety %GAAAAMa N&SAHA 0E NlQktlnK race. whether within or without this State.
 ''The second section of the act makes tt rnisdemeanor for any person to give, take or receive from another any money or ether thing of value to be bet or hazarded or to be used in buy Ing any pool upon the event Of any
 Section provides that if any pcp> son or corporation shall carry on the practice of book-making. or pool sell- Ing, or shall keep place to which any persons shall resort to engage in such practice shall be guilty Of a misde- meanor and punished by a fine Of not less than $100 nor more than $500 and Imprisonment In the County jail for not less than one month nor more than one year.
 The fourth section of this act pro- vides that any corporation which shall be convicted of the violation of any of the provisions of this act shall be dis solved. and it's franchises and powers forfeited to the state.
 Gas Sell wkaekex But Not Beer.
 with reference to the sale of whis- key, I beg to state that the county Of Montgomery. outside of the city limits, with the exception of two places only, so far as know. is under local pre- hibition law. One Of the exceptions, and the one pertinent to your inquiry, is the town of Pickett Springs. I am reliably informed That Vandiver Park is within the corporate limits of this town.
 By an act approved February 2srd, 1s9s incorporating the town of Pickett Springs. it was provided in section nine that The Mayor and council shall have the right to tax, license and restrain, and regulate the sale of vinous or spurious liquors either by retail CT wholesale in the eorporation.' This act, in my opinion, merely authorizes the mayor and council of Pickett Springs to license the sale of whiskey. "This act for some reasons know. not what, omitted the word malt. Tn view of this omission, am of the opinion that the mayor and town coun- cil have no authority to license the sale of beer. -
 Further answering your inquiry as to your authority fin the premises, I beg to state that 1t would be your duty in ease there is violation. of either the liquor or pool selling law committed in your presence, or in the presence of any of your deputies to ar- rest the yiolator
 Unless the offense is committed in such presence, then you have no right to make an arrest, unless an affidavit
  charging the offense. and a warrant, duly Issued thereon.
 T trust that this fully answers your inquiries. and I beg to assure you that you are at liberty all times to call upon me for advice and assistance in the enforcement of the criminal law and 1t will give me great pleasure to aid you in any way that can.
 ''Very respectfully yours,
 asS IT Dent Solicitor for Montgomery
 County"
 Sheriff to vanaiver.
 Acting upon this opinion Sheriff Hood sent the following letter to Presi- dent Vandivers
 Montgomery Ala, Oct, 24, 1907 MT w. r. Yandiver. President. City. Dear, sir-I enclose you several let ters which explain themselves.
 "As you will see by Mfr. Dent let ter that pool selling Is prohibited and any corporation that permits 1t on its premises Is subject to a heavy penalty. not the least of which Is the forfeiture of it's charter.
 solicitor Dent says that whiskey can be sold under the charter granted Pickett Springs. if the association has license from that municipality. but malt cannot be sold under the charter. which