The Montgomery advertiser., 1909-09-16

| walters, electric wires or beifs or other apparatus for giving alarm from the outside or from the inside of such
 house or room when two or more pef-
 sons are present any cards, dice. ! rhoulette wheel or any gambling fn- plements whatever: any person vtolat- ing the foregoing provision shall be
 guilty of felony and shall be punish- ed by imprisonment in the penitentiary for not less than one nor moro than five years; and all persons who visit
 or resort to any such barred or barri- caded house or room or other place that Is built or protected or equipped in the manner described in this sec- ton and where any cards, dice. rhoulette wheel or any gaming imple- ments whatever are kept or exhibited or exposed to view when said persons visit or resort to such place for the purpose of gaming. shall be guilty of misdemeanor and upon conviction shall be fined not less than fifty nor more than three hundred dollars, and may also be imprisoned in the county jail or sentenced to hard labor for the county for not more than six months: and any person who, being the owner. proprietor or keeper or superintendent of any tavern, inn, restaurant, billiard room. pool room or other public house. permits or suffers any person or psr- sons on or about the premises to pro. vide a barred or barricaded room or rooms to which persons resort for gaming or who knowingly or wfilfully permits or knowingly or wfllfuliy suf- fers any person or persons to equip any room or rooms on or about the premises with electric bells. wires or signals or elevators or dumb walters or other implements or appliances connected with such room used or to be used for the purpose of communi- eating with any occupant or occupants or such gaming room or rooms. snail ! likewise be guilty of felony sni shall be punished by Imprisonment In
 the penitentiary for not less than one nor more than five years.
 Sec. I-2. That when an affidavit Is made before justice of the peace or a judge of an inferior court having civil or criminal turisdiction of 3us- tice of A peace, or before the recorder of town or city. that the complainant has probable cause to believe and doee believe that any house or any part or
 house particularly designating the same Is being kept or maintained com trary to the provision of this statute. or that a gaming table Is being sx- hibited or kept at said place. or that said house or part of house or any room therein is provided with electric bells or other instruments or ap- pliances herein above set forth for communicating with the occupants or such place or room. or that some other offense under this act is being com mitted at said house or room. then the magistrate above named to whom the application Is made shall examine the complainant or affiant under oath. and other witnesses if he so desires touching the matter charged in the affidavit. and if the said magistrate has probable cause for believing that the act or offense alleged in the af- fidavit is being committed, he shall issue his warrant directed 10 any law ful officer of the State of Alabama commanding him to enter the house or room and to arrest all parties found
 therein and to bring them before such magistrate to be dealt with according to law. It shall be the duty of the
 officer in executing said warrant to
 break into and enter such house room or part of a house upon the res fusal of the proprietor or any occupant thereof to open the same. and seize all gambling instruments and brins such instruments together with all gambling devices. and the parties that are found there. before the magistrate who issued the warrant. If it appearE from the affidavit of the complainant or of any other witness that he pro- duces, what persons are the proprietors of or the occupants of the house. pert of a house or room hereinabove ds- scribed, the warrant shall order the arrest of such persons by name. but if | such proprietors or occupants are un- known tt may be so stated h the af- fidavits and warrants and upon bring
 Ing the said persons who are arrestsd
 under said warrant before the court z
 supplemental affidavit may be mada
 against them by the complainant or
 any officer executing the warrant
 charging them with the offense of
 felony of which they appear to hs guilty under the provisions of this act, and the magistrate shall thereupon proceed to hear the evidence in the case. and if probable cause is shown for believing said parties or any of them to be guilty he shall bind them over under proper bond to await the action of the grand jury in accordance with the jaws of the State as prsscrib- ed in preliminary examinations before justices of the peace or other magts- trates authorized by law to conduct preliminary examinations and all rules of procedure applicable to such pre- liminary examinations shalt be iike- wise applicable to proceedings under this statute.
 Sec 5. That the presence of cleo. tric bells. wires or signals or dumb walters or of other implements or ap- pIiances that may be used for the pur- pose of communicating with persons who are occupying a barred or bar ricaded room on or about the premises of a hotel. restaurant. billiard room. pool room or any room above the grade floor in the business district of any town or city, Is prima facie eyi-
 dence that gaming was being there carried on by such parties In any prosecuting against them if they have the general reputation of being gam blers, and in all such cases proof of such general reputation Is admissible in evidence.
 Sec. 6. That this Act shall take ef-
 feet from and after Its approval by the Governor the public welfare requiring il.
 Approved August 25th. 1909. Official.
 Frank N Julian.
 Secretary of State.
 No. 52) AN ACT. (F3. Ies. To amend Section S4s4 of the Code ef Alabama
 Be 1t enacted by the Legislature Of Alabama That Section s4s4 of the Code of Alabama be and the same
 hereby is amended so as to read as follows: 3484. Railroad right of way for main line, switches. etc., may be acquired. Railroad companies may by condemnation acquire real estate for
 ways and rights of way. not exceed ing one hundred feet in width through out the entire length of its line, and such other lands as may be necessary for ways and rights of way for switches, turnouts, side-tracks. exten- .nk Au A4s.Au