The Birmingham age-herald., 1909-08-08


 statute by this section to provide against creating corporations under the laws of the state of Alabama that may intend to violate her laws for the suppression of intemperance, or that will engage in or | be concerned in any way whatever in the traffic In beverages or in transporting, delivering or storing the same. No pro- | bate judge shall receive any declaration, | certificate of incorporation or other like 1 instrument for the organization of any | such corporation which does not contain the declaration herein above prescribed Sec. 27 Any person who shall publicly ] drink spirituous, vinous or malt liquors | or other prohibited liquors and beverages in the presence of passengers on a rail | way passenger car or street oar or at any passenger waiting room or waiting place of any carrier of passengers, shall be l guilty of a misdemeanor; but this shall
 not apply to any closet or smoking com partment; and conductors and superin- tendents of waiting rooms or waiting places may exercise the powers of a po-
 lice officer for the enforcement of this section
 Sec, 2S. When a sheriff obtains from the internal revenue collector a list of
 persons who have paid United States
 special tax al a wholesale or retail liquor
 dealer, or malt liquor dealer, or as a | of the United States to be rectifier or distiller of spirits in his county, he shall
 promptly furnish the solicitor, his deputy
 or other prosecuting officer or attorney who prosecutes criminal cases in the county on behalf of the state with said list or a copy, and it shall thereupon be the duty of such solicitor or other prosecuting attorney so notified to take active steps to secure the conviction of
 such persons and the prevention of a continued violation of the law of the l state by such person or party, and he | shall proceed by injunction, search war | rant or criminal prosecution, one or all. | according as his judgment dictates shall | be most effective In securing the enforce l ment of the law against such party or | parties; and any solicitor or other prose- | cutting attorney or sheriff who fails to | comply with the requirements of this sec 1 tion shall forfeit the sum of $500 to the 1 state for each dereiction; but the said l officers need not unless they have other 1 evidence to justify 1t proceed against any | bone fide druggist who pays such special 1 tax for the purpose of selling alconol ac- l cording to the statutory regulations upon 1 that subject and who mas compiled with | the provisions of this act in respect to filing declaration in the office of the probate judge of the county as to the | purpose for which said tax was paid. l Sec. 29. That any solicitor or other pros 1 ecuting attorney in the county whose duty l 1t is to prosecute criminal cases on be- l half of the state, shall not be prohibited 1 from commencing prosecutions by his own l affidavit against any party violating any l provision of this statute or any other | law of the state of Alabama for the sup | pression of the evils of intemperance, and | it shall be the duty of every such solic- 1 tor upon receiving information giving him l probable cause to believe that there has 1 been violation of any statute upon the | subject named, to proceed to lay the mat 1 ter before the grand jury or to institute
 a criminal prosecution against said party l by affidavit before a court or judge of 1 competent Jurisdiction, and sheriffs are | charged with the duty of being on the | alert for violations of any of said stat ute and of cooperation with the solicitors 1 and prosecuting attorneys in bringing yio- | lators to justice.
 | Sec 291s That in an indictment, com l plant or affidavit for selling, offering for l sale, keeping for sale or otherwise dis 1 posing of spirituous, vnous or malt li- | quors it Is sufficient to charge that the | defendant sold, offered for sale, kept for l sale or otherwise disposed of spirltuous, | vnous or malt liquors contrary to law; l and in an indictment, complaint or af- | fdavit for selling, offering for sale keep | ing for sale, or otherwise of prohibited liquors and beverages. 1t is sufficient to | charge that the defendant sold, offered for sale, kept for sale or otherwise dis | posed of prohibited liquors and beverages
 and on the trial under a charge in either | form any act of selling in violation of l law embraced in the charge may be ap- 1 proved and the charge in each of said forms shall be held to include any device | or substitute for any of said liquors. In any indictment complaint information or 1 off ;Jo obor inc hat ar 1 and beverages have been manufactured | sold offered for sale, kept for sale or 1 otherwise disposed of, 1t shall not be
 necessary to set out the kind nor quanti- l ty of the prohibited liquors and beverages | nor the person to whom such sale or offer | to sell or other disposition was made | and in any prosecution for a second or l subsequent offense it shall not be re- 1 quiste to set forth In the indictment, in | formation complaint or affidavit the rec | ord of a former conviction, but 1t shall be | sufficient briefly to allege such convic- l ton, and the person purchasing or to 1 whom prohibited liquors and beverages
 or any of them have been sold, or other l wise disposed of shall in all cases be l competent witness to prove the unlawful | act and no person who testifies with re- | spect to any unlawful act under this 1 statute or other statute for the suppression l of the evils of intemperance shall be I l he testifies nor shall his evidence so
 given be used against him in any criminal l proceeding.
 Sec sO Indictments information. com l plants, or affidavts for any violation of | this statute, or any provisions thereof, | or of any other statute of the state for the suppression of the evils of intemper | ance may set out several charges in sep | arate counts. and the accused may be 1 convicted and punished upon each one as | upon separate informations. indictments, | complaints, affidavits and judgment ] shall be rendered on each count under 1 which there Is a finding of guilty. Sec. a. The term, prohibited liquors and | beverages employed in this act shall in clude all liquors, liquids and beverages prohibited by the law of the state to be manufactured, Sold or otherwise disposed | of or any device substitute for any l of them, and shall also be so understood | in any warrant, process affidavit, com | plaint. indictment judgment, decree or | pleading in any judicial proceeding; and | the term otherwise dispose of following l the words sell, offer for sale or keep for | sale, and the term otherwise disposed l of following the words sold offered for
 sale, kept for sale when employed in any | warrant process, affidavit. indictment 1 information or complaint, or In any bill
 in equity or other pleading in any jud- | cial proceeding or in any judgment or de- l cree shall include and be deemed to in- | clude barter, exchange giving away, fur l nishIng, or any manner of disposition by | which said liquors and beverages may
 pass unlawfully from one person to an