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

sale or retail liquor dealer or or d wholesale or retail malt liquor dealer according 10 the terms of the special tax stamp: and the possession Of said special tax stamp on CT about the premises shall be primt facie evidence to the same effect: in any prosecution of any person, firm or corporation, or any judicial proceeding against such per- son, firm or corporation for carrying on the business of a brewer CT distiller OF rectiher of spirits. the fact may be shown in evidence by parol of other competent manner that the par charged has taken out a license from the United States as a brewer or di=- tiller or rectifier of spirits, or has pail a special internal revenue tax as speh brewer dstiller or rectifer of spirits. or has paid a special internal revena' tax as such brewer, distiler or rectififr of spirits. or has compiled with the laws of the United States enttling such party, so far as concerns said laws h be q brewer or rectifier or distiller of spirits for the place or the period in- VolNed in the charge or in the ease an shall be deemed prima facie evidence Of the guilt of such party. according as the charge may be- and when the pa ment of such tax, or the posting os such stamp tax is made to appear ta the satisfaction of the judge or chan celor in any proceeding to eninin or abate liquor nuisance. the same shsH be sufficient to justify the eaeneellar or judge in awarding a prelim'nerz. in= junction restraining the na'atera eee of such liquor nuisance. The saese szsi= dence with like effect as that fers'n above referred 10 is admissible raats@t any servant, agent. clerk, or e=aaava Of anv principal who has paid the fa% or posted the tax stamp. or dnalifed n do business as distiler, hre7rer es rectifer under the laws of the Taite1 States when such servant. agent eler1z | or employe was engaged in eondnrtiny or in aiding in the conduct of the hug.
 mess of the principal at the tieae aed place involved and for which t,e te., was paid. or for which the ns'.zefes1 qualified to do business as si,c' d'sti'- Ter. brewer or rectifier. But the rue of evidence herein declared by which the payment of the special tax or tho posting of a tax stamp Is made rriln1 facie evidence shall not apply tn bon fde wholesale druggists selling alcohol only under the regulations of th6 lon of the State, and who have paid sne- eial tax or taken ont ene eial tax stamp from some internal revenue collector as a whele- sale dealer in liquors, nor shall it an- ply 10 any retail druggist who s hie.- self a registered or licensed pharraei.t or who regularly employs a regis erzd or licensed pharmacist or to 2 bnf'1 fde physician who sells and lSeens fa. sale alcohol for medical purposes. onl',. as authorized by law, and who sails al- cohol only under the regulations nre- scribed by the law of the state and who has paid a special tax or has taken out special tax stamp as retail liquor dealer under the laws from such inter nal revenue collector. Provided. how ever. that the said druggist within thlr- ty days after the passage of this act. or within fifteen days after paving such tax or taking such tax stamn. shall file a 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 pur- pose of selling alcohol as authorized under the law of the State. and that they will not under said tax stamp oi. otherwise sell offer for sale or keep for sale upon the premises where their business is conducted, any prohibited liquors or beverages exceM such aleo- hol as they are permitted by the laws of Alabama to sell; and provided furth- CT that bona fde physicians who may pay such tax fin order to- obtain the right to. sell alcohol as authorized by the law of Alabama, shall within fif- i teen days after paying such tax and ob- taining tax stamp. file with the pro- bate judge of the county declaration in the terms herein above provided for use by druggists.
 23 It shall be unlawful for any person, firm. association or corporation to receive for storage, distribution or on consignment for another prohibited liquors and beverages, or any of them or to have or maintain any warehouse or other place for the receiving, storing or distribution of liquors for another. and any person violating this section shall be guilty of a misdemeanor.
 2+. It shall be unlawful for any person, firm, corporation or association. whether a common carrier or not to ae- cept from another for shipment, trans portation or delivery, or to ship. trans port or deliver for another said pro- hibited liquors or beverages or any of them, when received at one point place or locality in this state to be shipped or transportated to or delivered to another person, firm or corpora ton at another point, place or locality in this state or to convey or transport over along any public street or highway any of such pro- hibited liquors for another, and any per son violating any provision of this sec ton shall he guilty of a misdemeanor.
 
 not apply to those transportating and de- livering to druggists and physicians such alcohol as they are permitted by the laws of the state to sell or dispose of in accordance with the statutory regulations upon that subject.
 20. No transfer company, traffic company, transportation company ware house company or other like corporation chartered under or by the laws of Ala bama 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 corporation of this state offending against this provision or engaging in such business shall forfeit its charter, which, however, may be de- clared upon a suit in quo warranto be- fore court of competent Jurisdiction if any person or officer wishes to institute the suit.
 26. That when any certificate of in corporation or declaration or other like instrument is filed with any probate judge in this State preliminary to the organization of or for making of any business corporation under the laws of the State of Alabama of the kind named in the preceding section or of any mercantile or beverage company, the said instrument shall contain paragraph to the effect that the cor poration to be organized shall have no right power or authority to manufac- ture, 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 con cerned in the traffic therein, unless it