The Birmingham age-herald., 1909-08-30

ldtlOn o1 any provision ot InlS dcll or of any other act for the suppression of the evils of intemperance, including all prosecutions for violation of the stat ute, approved Aug. g, 1909 and which in general terms is for identification referred to IS an act to promote tenn peranee and to suppress the evils of intemperance. and to prohibit the man ufacture, sale offering for sale, keep ing or having for sale or otherwise disposing of prohibited liquors and beverages and keeping unlawful drink ing places may be begun by affdaXi 1t as well as by indictment, and that when begun by affidavit the person charged shall not have the right to demand that a grand jury shall prefer indictment for the alleged offense, but the prosecution may continue no mat ter in what court or before what judge the trial shall be had upon the afh- davit upon which it was originally be- gun. and the said affidavit or any com plaint that may be filed in such prose- cution may be amended to meet the ends Of justice and to prevent dis missal of the case upon any informalfty irregularity or teehnicality. If the pros ectuion is begun in a court in which Jury trials are provided for, the de feudant may at the time he gives bond within five days thereatuer hle in the cause demand for trla1 by jury or if he does not give bond he may with in five days after his arrest, file in the court a demand for a jury trial, i'll which event such jury trial shall be allowed. If the prosecution is begun before d court or judge as to which or whom no provision is made for q jury trial. the court or judge if It or he has Jurisdiction to try the case and to find a party charged guilty or not guilty. shall proceed with the trial. and if the party charged is con victed. he may appeal to the circuit court or other court of record of like Jurisdiction in the county having juris- diction in cases of appeal from the county court or from d judgment of q justice of the peace in such form and in such manner and subject to such re strictions as govern appeals under the Code of Alabama from such justices of the peace or county court, and the party may demand and be entitled to jury trial in such higher court un- der the same terms and conditions that jury trials are obtainable in cases of appeals from such justices of the peace or county court To said circuit court or other court of like jurisdiction; but this section shall not alter the practice in respect to any preliminary proceeding, authorized by law before justice of the peace. Nor is it intended hereby to take away from the circuit court of any county any exclusive jurisdic- tion if may have 10 try cases against and to punish violators of prohibitory liquor laws, and any circuit court that may have exclusive jurisdiction by any law applicable to the county to try cases against and to punish violators il,f oil hat- laws shall continue to have it's pres ent Jurisdiction. and shall have such exclusive jurisdiction of violations of this act or of the act approved August g. 1909, hereinabove referred to and all other laws of this State for the sup pression of intemperance and the pro motion of temperance.
 S2h That in all prosecutions against any persons for manufacturing. selling, offering for sale, keeping or having in possession for sale, barter ing, exchanging, furnishing, giving away, or otherwise disposing of pro- hibited liquors and beverages, or for any one of the said acts, 1t shall be competent for the State to give in evidence the fact that the beverage which the evidence may tend to show the defendant had manufactured, sold, bartered, exchanged, furnished, given away or otherwise disposed of possess or possesses the same color, odor and general appearance, or the same taste, color and general appearance of a pro hibited liquor or beverage, such as whiskey, rum, gin, ale, porter, beer, and any other prohibited liquor or beY- craze, and the fact that the beverage in question as above stated, is of the same. color, odor and general appear ance or same taste, color and general appearance as beer shall constitute prima facie evidence that the beverage is beer or a malt liquor or substitute or device therefor and within the in hibition of the statute approved Aug. 9, 1909 for the suppression of intem- perance in this act referred to; and the like rule of evidence shall apply in respect to whiskey and the other bey- erages named, and in the event the defendant claims that the beverage in question as above referred to is not within the inhibition of the statute when it possesses the same color, odor and general appearance or the same taste, color and general appearance as a prohibited liquor or beverage, sucn as whiskey, beer or the other bever- ages named herein above the burden of proof shall be upon him to estab- fish to the reasonable satisfaction of the judge, court or jury trying the case that the beverage in question Is not within the inhibition of the said stat ute, and that it is a beverage not pro- hibited by the said statute to be man ufactured, sold offered for sale or otif- erwise disposed of. The same rule of evidence shall be applicable in all cases for the aba of liquor nuis- ances by bills in equity and in all prosecutions for violations of statutes of the State for the suppression of the evils of intemperance when it becomes necessary to determine whether the liquor or beverage in question is a prohibited liquor or beverage.
 33. That any person who shall act as agent or assisting friend of the sell CT or buyer in procuring an unlawfi-. sale of any prohibited liquors and bey- erages shall be punisha ble as if he had sold said prohibited liquors and
 beverages, and conviction may be had
 of such agent or assisting friend upon
 an indictment affidavit or complaint
 against him for selling prohibited
 liquors and beverages contrary to law,
 33h. That no dealer in beverages
 shall post or place about the premises
 any sign or signs containing the name
 of any prohibited liquors or beverages
 or indicating that any prohibited
 liquors or beverages are kept on or about the premises for sale or other disposition, nor shall any dealer in beverages employ the word saloon in designating the business or the place where the beverage business is conducted, and in case of any charge or prosecution against any dealer in
 beverages for violating the law against
 selling, offering for sale or keeping foi
 sale or otherwise disposing of pro hibited liquors and beverages, il eho1 ha comnetent to make DroOf ir