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

the promotion of temperance and for the prohibition of the manufacture of and traffic in or unlawful disposition of prohibited liquors and beverages; to provide for the abatement of liquor nuis- ance and seizure and destruction of for feited liquors and beverages, and to prescribe the procedure In such cases.
 l. Be it enacted by the Legislature of Alabama, That if any person shall will fully let or suffer any other person, firm or corporation to use any premises which he owns or controls for the illegal sale or manufacture, or other unlawful dis position, of spirituous, vinous or malt liquors, or any other liquors, liquids or beverages prohibited by the laws of Ala bama to be manufactured, sold or other wise disposed of in this State, or for use by wholesale or retail dealer in liquors, Or by wholesale dealer in malt liquors, or by a rectifier of spirits, or distiller, or for the illegal storage or warehousng of such liquors and beverages he shall be guilty of misdemeanor.
 2. That the unlawful manufacture sale, keeping for sale, giving away or other wise disposing of any prohibited liquors or beverages contrary to the law of the State, or the carrying on of the business of a retail or wholesale dealer in liquors, or retail or wholesale dealer in malt liquors, or the business of a brewer, dis tiller or rectifer of spirits, shall, at the option of the landlord or lessor, work a forfeiture of all the rights of any lessee or tenant under any lease or contract of rent of the premises where such unlaW- full act is performed, or such unlawful business Is conducted by the lessee or tenant, or by any agent, servant, clerk or employe of the lessee or tenant with the latter's knowledge or permission.
 8. Whereas 1t is the public policy of the State to discourage the use and consump- tion of prohibited liquors and beverages, 1t is hereby made unlawful to advertise upon any street car, railroad car, at any public place or resort, or upon any bill board, or any other public place such prohibited liquors and beverages, or any of them, or the person, firm or corpor- ation from whom, or the place where, or price at which, or the method by which such prohibited liquors or beverages or any of them may be obtained and any person, firm or corporation violating any provision of this section shall be guilty of misdemeanor; and this section shall be liberally construed so as to prevent the evasion thereof. Any sheriff. constable or police officer is authorized to remove
 
 board or other public place when 1t comes under his observation or is brought to his notice and shall do so upon the demand of any citizen. Any such advertisement con- taining the picture of a brewery or a distillery or bottles, jugs, kegs, barrels, or boxes, represented as containing Whis- key, beer, or other prohibited liquors and beverages, shall be within the inhibition of this section.
 Thof fIa af haxr erages that are prohibited by the law of the State to be manufactured sold or otherwise disposed of In any building not used exclusively for a dwelling shall be prima facia evidence that they are kept for sale, Or with intent to sell the same, contrary to law.
 B. That the delivery of liquors or bever- ages prohibited by the law of the State to be manufactured, sold or otherwise dis posed of, in or from any store, shop, warehouse, boat or other vessel or vehicle of any kind, or any shanty or tent or any building or place used for the pur- pose of traffic, or any dwelling house or dependency thereof if any part of the same Is used as a public eating house, grocery or other place of common resort, shall be deemed prma facie evidence of sale or other unlawful disposition
 6. That no sheriff, jailer, police officer, marshal or other person in charge of any jail or lookup under any pretense what soever shall give, sell or deliver to any prisoner therein any spirtuous, vinous or malt liquor, or any other liquor or beverage prohibited by the laws of Ala bama to be sold, given away or other wise disposed of, unless reputable phy- scian certifies in writing that the health of such prisoner or inmate requires It.; and in case of such certificate may be allowed the use of the prescribed quantity of pure alcohol and no more; and any of said officers violating any provision of this section shall be guilty of a mis- demeanor.
 '. That every person who being em- ployed upon any railway or street rail way as engineer, conductor, baggage ma ster, brakeman, switch-tender, flag man, motorman or signal man or per- son having charge of stations or the starting or regulating or running of trains upon any railway or street rail- way, Or being employed as captain, en- gineer or other officer of vessel pro- pelled by steam, shall be intoxicated while In the discharge of any such duties shall be guilty of misdemeanor.
 S. That every wife, child, parent or other person who shall be injured in person. or property or means of support by any intoxicated person, or in conse- quence of the intoxication of any per- son, shall have right of action against any person who shall by selling, giving or otherwise disposing of to another con- trary to the provisions of law, any liquors or beverages, cause the intoxication of such person, for all damage actually sus- tained, as well as exemplary damages; upon the death of any party the action, CT right of action will survive to or against his executor or administrator The party injured, or his legal representatives, may bring a joint or separate action against the person intoxicated, or who furnished the liquor; and all such suits shall be by civil action in any court having jurisdiction thereof
 g. That any person who conceals him. self in any house, room, booth enclosure, Or other place, and manufactures, sells, gives away, barters or otherwise dis poses of spirituous, vinous or malt liquors, or any other prohibited liquors or bever- ages, or who, by any device or subter- fuge sells, gives away Or otherwise dis poses of said prohibited liquors or bever- ages in violation oi evasion of law, or who in any house, room, booth, enclosure or other place, in such manner and under such circumstances as that he can not be seen by persons from the exterior, manufactures, sells, gives away or other wise disposes of any such prohibited beverages contrary to law, shall be fined not less than fifty dollars nor more than five hundred dollars, and may also be imprisoned in the county jail Or sentenced to hard labor for the county for not less than three months nor more than six months, at the discretion of the court or judge trying the case.
 10. That if any person violates pro- ,of h tor,