The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1909-08-30

ages in the presence OF passengers ON
q railway passenger car. or street car
or at any passenger waiting rosm o,
waiting place OF any carrfss 81 Dassen.
gers. shall be guilty Of misdemeanor:
but this shall not apply TO any closet
or smoking compartment. ana eonoue-
tors and superintendent Of waiting
rooms. waiting places may exercise tn~
power Of q police offtcor for the en-
forcement OF this section
g. When a sheriff obtains from the
internal revenue collector a list OF
persons who have paid United States
special tar as q wholesale or retail
liquor dealer or malt liquor dealer or
as q brewer, or have qualified under
the laws OF the United States to be q
rectifier or distiller OF spirits In his
county. he shall promptly furnish the
solicitor, his deputy or other prosecute
ing officer or attorney who prosecutes
criminal cases in the county on behalf
OF the State. with SAID list or copy
ana II shall thereupon be the duty Of
such solicitor or other prosecuting at
torney 50 notified to take active steps
TO secure the conviction OF such
persons and the prevention of con-
tinued violation of the law Of the
State by such person or party, and he
shall proceed by injunction. search
warrant or criminal prosecution, one
or all, according as his judgment die
tates shall be most effective In secur-
ing the enforcement Of the law against
such party or parties; IL he 10 willing
and able to make the affidavit required
by law, and IL he Is not he shall pro-
coed by such injunction, search war
rant or criminal prosecution, one or all
~cording as his Judgment dictates
be most effective in securing
enforcement of the law IL anv
Equitable citizen offers to make or
win make the affidavit necessary to
secure the warrant search warrant.
or preliminary injunction in which
cases he shall superintend the prepara-
tion of the papers and the prosecution
Of the cause: and any solicitor or other
prosecuting attorney or sheriff VINO
Fails to comply with the requirements
Of this section. shall forfeit the sum
of five hundred dollars TO the state
for each dereifction; but the sag Oh
ficers need not unless they have other
evidence to justify It proceed against
any bona fide druggist or any regular
practicing physician or practicing
physician who pays such special tax
for the purpose of selling alcohol &C.
cording to the statutory regulations
upon that subject and who has COM
piled with the provisions OF this act
in respect to filing declaration in
tHG OIllCt Vi tAc PAObotc &hNoe t--S
county as to the purpose for which
said tax was paid.
30. 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
prosecution of his own affidavit
against any party violating any pro-
vision of this statute or any other law
%aw a.
preston Of the evils of intemperance,
and 1t shall be the duty of every such
solicitor upon receiving information
giving him probable cause to believe
that there has been violation Of any
statute upon the subject named, to
proceed to lay the matter before the
grand jury or to institute criminal
prosecution against said party by at.
fidavit before court or Judge OF COM
petent jurisdiction II he is willing and
able to make such affidavit for the
institution Of a criminal prosecution,
or II he Is not he must superintend
the preparation of the papers and the
institution of the prosecution IL any
citizen Is willing to make an affidavit
for the institution OF q criminal prose-
cution against any party for such
violation, provided the solicitor Is of
opinion upon the facts at hand that
there IL reasonable ground to believe
that conviction ought to be had.
And sheriffs are charged with the
duty of being on the alert for VIOLA
lions of any of said statutes and OF
co-opera<fnE with the soiicitors ana
prosecuting attorneys In bringing
Vioiators to Justice.
20 IL. That in an Indictment. COM
plant 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. kept for sale or otherwise
disposed OF spirituous vinous or malt
LIQUORS contrary to law; and in an In
dictment, complaint or affidavit for
selling, offering for sale, keeping for
sale or otherwise disposing of pro-
hibited liquors and beverages. 1t Is
sufficient 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 q charge in either form any act
of selling In violation of law en-
braced in the charge may be proved.
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 manu-
featured, sold, offered for sale, kept
for sale or otherwise disposed of. 1t
shall not be necessary to set out the
kind or quantity of the prohibited
LIQUORS and beverages. nor the person
to whom such sale or offer to sell or
other disposition was made, and in any
prosecution for q second or subsequent
Offense II shall not be requisite to set
forth in the Indictment, information.
complaint or affidavit, the record OF q
former conviction, but 1t shall be sur
ficient briefly to allege such convtc-
ton. and the person purchasing or to
whom prohibited liquors and beverages
or any of them have been sold or
otherwise disposed of shall in all cases
be q competent witness to prove the
unlawful act. and no person who testi-
flies with respect to any unlawful act
under this statute or other statute for
the suppression of the evils of intern
perance shall be prosecuted In respect
to any act to which he testifies nor
shall his evidence so given be used
againsA him in any criminal proceed
inR.
"A. Indictments, informations. COM
plants or affidavits for any violation
Of this statute. or any provision there
OF. or OF any other statute of the State
for the suppression of the evils OF in
temperance, may set out several
charges in separate counts. and the
accused may be convicted and punished
upon each one as upon separate In
formations, indictments, complaints or
affidavits, and judgment shall be rem
dered on each count under which there
Is a finding of guilty.
81. The term. prohibited liquors ana
beverages. employed in this act. shall
Include oil linuors LIQUIDS and bever-