The Montgomery advertiser., 1909-08-15

which 1t has specified above 1t can not do or engage in, n will forfeit its charter which may be declared in suit brought against the corporation In court of competent Jurisdiction fn quo warranto if any person or officer wishes to bring such Suit 1t being the intent and purpose of this statute by this section to provide against creat- Ing corporations uder the laws of the Ssate 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 trans porting. delivering or storing the same. No probate judge shall receive any dec- laration, certificate of Incorporation or other like instrument for the organi- zation of any such corporation. which does not contain the declaration hereln above prescribed.
 '"Sec. 27. Any person who shall pub licly drink spfrituous, vinous or malt liquors or other prohibited liquors and beverages in the presence of passen- gers on a railway passenger car. of street car, or at any passenger waiting room or waiting place of any carrier of passengers shall be guilty of a misde- meanor; but this shall not apply to any closet or smoking compartment; and conductors and superIntendents of waiting rooms or waiting places may exercise the powers of police officer for the enforcement for this section.
 "Sec. 2s. When a sheriff obtains from the internal revenue collector a list of persons who have paid United States special tax as wholesale or re- tail liquor dealer. or mat liquor dealer or as a brewer. or have qualified under the laws of the United States to be a rectifer. or dlstiller of spirits in his county, he shall promptly furnish the solicitor, his deputy or other prosecut- ing officer or attorney who prosecutes criminal cases in the county on behalf of the State with said list or copy, and 1t shall thereupon be the duty of such solicitor or other prosecuting at- torney so notified to take active steps to secure the conviction of such per- sons and the prevention of continued violation of the law of the State by | such person or party, and he. shall pro- | ceed by injunction, search warrant or | criminal prosecution. one or all, ac- l cording as hls judgment dictates shall | be most effective in securing the en- | fofcement of the law against such 1 party or parties; if he Is willing and | able to make ~the affidavit required by 1 law. and If he Is not, he shall proceed | by such injunction, search warrant or | criminal prosecution. one or all accord l ing as his judgment dictates shall be most effective in securing the enforce
 ment of the law, if any reputable clti- | zen offers to make. or will make, the | affidavit necessary to secure the war | rant, search warrant or preliminary in- 1 junction in which cases he shall su- l perintepd the preparation of the pa- pers and the prosecution of the cause l and any solicitor or other prosecuting
 attorney or sheriff who falls to comply l with the requirements of this section l aI,. fn..fn ha Nf fn Ina | State for each dereliGtion. but the said officers need not unless they have other l evidence to justify 1t, proceed against | any bona fide druggist or any regular practlcing physician. who pays such l special tax for the purpose of selling alcohol according to the statutory reg
 ulations upon that subject and who
 has compiled with the provisions of
 this act in respect to filing declara- 1 ton in the office of the probate judge | of the county as to the purpose for | which said tax was paid,
 wSec. 29. That any solicitor or other
 prosecuting attorney In the county whose duty 1t IS to, prosecute criminal
 cases on behalf of the State, shall not | be prohibited from commencing prose- cutions by his own affidavit against
 any party violating any provision of 1 this statute or any other law of the 1 State of Alabama for the suppression | of the evils of incompetence, and 1t
 shall be the duty of every such solici- tor upon receiving information giving
 him probable cause to believe. that
 there has been violation of any stat ute upon the subject named, to proceed to lay the matter before che grand I jury or to institute criminal prose- l cution against said party by affidavit l before a court or judge of competent
 Jurisdiction, if he. Is willing and able | to make such affidavit for the institu-
 ton of criminal prosecution, or If he
 Is not he must superintend the prep | aratton of the papers and the ainstitu- 1 ton of the prosecution If any citizen | Is willing to make an affidavit for the | institution of a criminal prosecution
 against any party for such violation,
 provided the solicitor is of opinion up-
 on the facts at hand that there Is req
 sonable ground to believe that a con-
 viction ought to be had, and sheriffs
 are charged with the duty of being on
 the alert for violations of any of said l statutes and of cooperation with the
 solicitors and prosecuting attorneys in
 bringing violators to justice.
 The Charge Sufficient.
 Sec. 29 1-2. That in an indictment
 complaint or affidavit for selling, offer
 ing for sale. keeping for sale or other
 wise disposing of spirituous, vinous or
 malt liquors 1t Is sufficient to charge
 that the defendant sold, offered for sale
 or otherwise disposed of spirituods
 vinous or malt liquors contrary to law | and in an indictment, complaint or af-
 fdavit for selling. offering for sale
 keeping for sale. or otherwise of pro-
 hibited liquors and beverages, 1t Is suf-
 fcient to charge that the defendant
 sold, offered for sale, kept for sale or
 otherwise disposed of prohibited liquors
 and beverages and on the trial under
 a charge in either form any act of sell
 ing in violation of law embraced in the
 charge may be approved 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 affidavit.
 charging that prohibited liquors and
 beverages have been manufactured,
 sold. offered for sale kept for sale or
 otherwise disposed of, 1t shall not be lrfr