The Birmingham age-herald., 1909-09-16


 the place or room is open where such re- tall beverage business is conducted to enter, inspect survey, measure or map any room or place where or wherein such retail beverage business is conducted, and any person who shall forbid, ob- struct or prevent the onicers named from such free entry into and inspection of such room or place shall be guilty of a misdemeanor and on conviction may be punished by fine of not less than fifty nor more than five hundred dollars, and may in addition be imprisoned In the county Jail or sentenced to hard labor for the county for a period of not more than three months at the discretion of the judge or court trying the case; and if any such officer ascertain by inspec- ton that the room or place wherein said retail beverage business Is conducted for sale of beverages to the public Is not being kept or maintained in accordance with the requirements of any section of this act, he shall cause a criminal pros- ecution to be instituted against the party or parties including the owner or keeper of the place or room or any clerk, agent or servant therein aiding or abetting in the conduct of said beverage business, and prosecutions or complaint, and no indictment shall be necessary.
 5. That any person, firm or corporation keeping or maintaining a place or room where beverages are sold or offered for sale to the public at retail who violates any provision of this act in reference to the mode or manner in which said room or place shall be kept or maintained, shall be guilty of a misoemeanor.
 6. If any place or room where bever- ages are sold or offered for sale to the public at retail is kept or maintained in a manner contrary to the requirements of this act, then after the expiration of ten days from the passage of this act any prosecuting attorney or officer or citizen may file a bill in the name of the State in equity to require the keeper thereof to conform to the provisions of this act, and may obtain preliminary injunction and final decree all according to the terms and regulations prescribed for cases of bills In equity filed to abate liquor nuisances and 1t shall be the duty of the sheriff of the county in all incor- porated towns and cities of the State as soon after the enactment of this statute as is practicable to inspect the rooms or places therein which retail beverage bus mess is conducted and to notify the keep CT thereof to comply with the provisions of this act, if they have not already done so, and if any proprietor of such retail beverage business shall fail for ten days to comply with the require ments of this act the sheriff shall noti- fly the solicitor or other prosecuting att torney whose duty 1t is to prosecute crim- inal cases on behalf of the State in the county of such failure, and such solicitor or other prosecuting attorney shall there- upon file such bill in equity In the nama of the State as hereinabove provided to secure a mandatory injunction compell- ing the proprietor of such retail beverage business to comply with the provisions of this act, or to refrain from carrying on a retail beverage business as at said place so long as the requirements and restrictions of this act have not been observed, but the court for cause shown may allow additional reasonable time for making change to conform to this act. '. That this act take effect from and after it's approval by the governor. the | public welfare requiring 1t.
 | Approved August 18th, 1909.
 | Official.
 Frank N. Julian.
 l Secretary of State.
 No. 42) AN ACT GIL IA. l To provide for and authorize appeals from any action or order of the Rail-
 road Commission of Alabama reducing
 or increasing or refusing to increase
 any rates, fares, or charges by com mon carriers for the transportation of property, freight or passengers. spe- officially prescribed by statute. or made
 the maximum rates by statute. or estab-
 lished by the Railroad Commission. Section l. Be 1t enacted by the Leg islature of Alabama, That from any final action or order of the Railroad Commits sion to which any common carrier Is a party, reducing or increasing or refusing to increase any rates, fare or charges for the transportation of freight, property or passengers. which have been or which may hereafter be, specifically prescribed by statute or any such prevailing rates, fares or charges which have been or which may hereafter be by statute made the maximum rates, fares or charges, UT any rates, fares or charges which have been or which may hereafter be fixed by the railroad companies, or affecting or relating to any schedule, or parts of any schedule. of such rates, fares or charges. an appeal may be taken to the chancery court, or other court having chancery Jurisdiction, of Montgomery county, by the common carrier, whose rates, fares or charges are affected, or by the State of Alabama. Such appeal shall be taken within thirty days from the date of said action or order and shall be granted as a matter of right and be deemed per- fected by the filing with the Railroad Commissioner of security for costs of said appeal when the appellant Is the common carrier, and by the filing of mo- tice of appeal when the appellant is the State of Alabama. Within thirty days after the perfecting of the appeal as aforesaid and sooner. if practicable, tho Railroad Commission, through it's pI es- iuent or any member thereof. or its sec- retary, shall certify to the appellate court, under the seal of the Commission, a complete record or transcript of all the proceedings had before 1t, including all orders and pleadings. together with a transcript of oral testimony and the original, or transcript of all documen- tary evidence taken in the proceeding in which the order appealed from was made. The time for certifying said transcript to said appellate court may be extended by an order of the chancellor or judge thereon for good cause shown. When the appeal Is taken by the State of Alabama from an order increasing any rate. the common carrier whose rates are affect ed shall be the appellee, and when tho appeal Is taken by the common carrier, the Railroad Commission shall be the appellee. The trial of said appeal in the transcript shall be admissible in evil aa,oa at the iustance of either partv and