The Montgomery advertiser., 1909-08-15

of such stamp tax, is made to appear Ito the satisfaction of the judge or chancellor in any proceeding to enjoin or abate a ifduor nuisance. the same shall be sufficient 10 austify the chan Fceiior or judge in awarding pre- liminary injunction restraining the maintenance of such liquor nuisance The same evidence with like effect as that herein above referred to is ad- missible against any. servant, agent. clerk or employe of any principle who has paid the. tax or posted the tax stamp or qaulifed to do business as distiller. brewer or rectitier under the laws of the United States when such servant agent clerk or empiye was engaged In conducting or in aid- ing in the conduct of. the business of the principle at the time and place Involved and for which the tax was paid, or for which the principle quail fed to do business as such distiller. brewer or rectiffer But the rule of evidence herein declared by which the payment of the special tax or the posting of tax stamp is made prima facie evidence shall not apply to bona fide wholesale druggists selling alcohol only under the regulations of the state and who have paid a special tax Or taken out a special tax stamp from some Internal Revenue collector as wholesale dealer In liquors, nor shall it apply to any re- tail druggist who is himself re- gIstered or licensed pharmacist or who regularly employs registered or licensed pharmacist or to a bona fide physician who sells and keeps for sale alcohol for medical purposes only as Iauthorized by law and who sells alcohol only under the regulations prescribed by the law of the State and who has paid a special tax or taken out a special tax stamp as retail liquor dealer under the laws from such h. ternai Revenue collector; Provided
 however. that the said druggist within | thirty days after the passage of this act, or within fifteen days after pay | ing such tax or taking such tax stamp shall file declaration under oath with the probate judge of the county in which their business is located and have same recorded to the effect that ! they paid said tax and obtained said stamp as such liquor dealer for the sole purpose of selling alcohol as authorized under the law of the state and that they will not under said tax stamp or otherwise sell. offer or keep for sale upon the premises where their business is conducted. any prohibited liquors or beverages except such al
 cohol as they are permitted by the | laws of Alabama to sell.
 "Sec, 23. It shall be unlawful for | any person, firm association or cor | poration to receive for storage. dis- | tribution or on consignment for ap- other prohibited liquors and beverages or any of them, or to have or main tain or other place for the receiving. storing or distribution of liquors for another. and any person violating this section shall be guilty of a misdemea- nor and provided further that bona fide physicians who may pay such tax l in order to obtain the right to sell alcohol has authorized by the law Of
 Alabama, shall within fifteen days
 after paying such tax and obtaining tax stamp file with the probate judge of the county declaration In the terms herein above provided for
 use by druggists.
 Sec. 24. It shall be unlawful for | any person, firm, corporation or asso- | citation, whether a common carrier or | not, to accept from another for ship ment transportation or delivery, or to ship, transport or deliver for another l said prohibited liquors or beverages or l any of them, when received at one
 point, place or locality in this State to l be shipped or transported to or deliv- | cred to another person, firm or corpo-
 ration at another point, place or local ] tty in this State, or to convey or trans
 port over along any public street or I highway and of such prohibited liquor I for another. and any person violating
 any provision of this section shall be guilty of a nisdemeanor. but the pro- l visions of this section. shall not apply to those transporting and delivering tc druggists and physicians such aIcoho as they. are permitted by the laws ot 1 the State t6 sell Or dispose of in ac- 1 cordance with the statutory regula- | tions upon that subject.
 ,aSec. 2B. No transfer company, traf-
 ic company. transportation company
 warehouse company or other like cor
 poration chartered under or by the l laws of Alabama shall have any right or power to engage in or carry on the ! business of delivering. transporting storing or warehousing any prohibited | liquors and beverages, and any corpo- | ration of this State offending against I this provision or engaging In such bus
 mess shall forfeit its charter, which
 however, may be declared upon a suit
 in quo warranto before a court of com
 petent Jurisdiction If any person or of- l fcer wishes to institute the suit
 Prohibition in Leases.
 Sec. S2s. That when any certificate I of incorporation or other like ipstru-
 ment is filed with any probate judge In this State preliminary to the organiza- ton or formation of apy business cor poration under the laws of the State
 of Alabama of the kind named in the
 preceding section or of any mercantile
 or business company. the said instru-
 ment shall contain paragraph to the
 effect that the corporation to be or
 ganized Shall have no right, power or | authority to manufacture. sell. keep for
 sale or otherwise dispose of or store
 warehouse, deliver, or transport any
 prohibited liquors or beverages or to
 be in any wise concerned in the traffic
 therein. unless it be a declaration to
 organize a. bona fde drug company | which must state that 1t has no right
 power or authority to sell or keep for | sale or offer for sale any prohibited liquor or beverage except alcohol in
 the quantity and subject to the restric-
 tions prescribed by the State law; and
 the said declaration shall also contain | a statement to the effect that if sucf
 corporation shall do or perform any act