The Montgomery advertiser., 1909-08-15

word saloon was employed to desiS- nate the business or the place where the business was conducted. That any person violating any provision of this section shall be guilty Of misoe- | meanor.
 sec. s4. That if any prohibited H. quors and beverages are delivered to carrier to be by the carrier trans- ported and delivered c. O. D. to any | person at a point in this State. meaning l thereby to collect on delivery by ths | carrier for the consignors the amount of the purchase money for such liquors. | then and in every such case the carrier shall be deemed and held the agent or the consignor, and all such prohibited liquors and beverages shall remain the property of the consignor until actual | ly delivered and the money paid to the l carrier therefor and the servant or agent of the carrier who knowingly delivers any such liquors ana receives pay therefor within the State shall be | guilty of a misdemeanor.
 Sec. 35. That any violation or any provision of this act where no other penalty. is provided for, shall be pun ishable by fine of not less than fifty nor more than five hundred dollars, t' which may be added in the discretion of the judge or jury trins the case, fm- prisonment in the county jail or at
 
 than six nor more than tweIve months this being the general penal clause of the act.
 .Sec. ss. That if any section or pro- vision of this act shall be declared to be void or unconstitutional 1t shall not affect or destroy the validity of any other section or provision which not ia and of itself is void or unconstitution- al, and it is not intended by this act to interfere with the exclusive power or the Congress of the United states to regulate commerce with foreign na- tions and among the several States; and this act shall be so construed as to avoid conflict with that clause of the Constitution of the United States which confers upon the Congress of the Unit- ed States the power to regulate com- merce with foreign nations and among the several States and with Indian tribes. #
 "ssc. s7. This act shall be iiberaily construed so as to accomplish the pur- nose thereof. which is to further sup press the evils of intemperance and to secure obedience to and the enforce ment of the laws of the State for the promotion of temperance. and Tor the suppression of the manufacture or and traffic in prohibited liquors and bever- ages and to prevent evasions and subs terfuges by which said laws may be violated.
 'Sec. 3s That all laws and parts of laws, general, local, and special in com nict with the provision of this act be. and the same are hereby repealed, but no such repeal or any repeal provided for by this section shall affect any ex- isting right, remedy, defense or uabfl. ity incurred, or any action or prose- cution, civil or criminal, already com meMced, or which may be hereafter commenced for any offense already committed, or to enforce any right penalty, or punishment under any re, peal law. and as to all such cases the laws in force at the time of the en- actment of this statute shall continue in force: and the following are hereby repea1ed: Sections 7357 1859. 1881. 736s, 73S3, 1884. 1885 also the act approved July 1s 1907 embodied In the Code of 1907 at Sections 1871 to 1871, both in. elusive also an act approved Novem- her 23. 1907. entitled "au act to reg uIate prosecutions for violations oe law prohibiting the sale. barter or ex- change of intoxicating liquors" and also an act approved November g. 1907 entitled 'an act to provide for the more effectual enforcement of the prohibition laws
 Sec se That this act shall take effect from and after It's approval by the Governor. the publice weifare re- quiring it." t6