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

ISSUED, nao SOLO,. or 0xIereo Tor SAFE
the liquors for which. or for the privi-
lese Of selling which. said special tax
had been paid, and said special tax
stamp obtained. and that at the place
and during the time FOR which said tax
was paid. and at the place at which
said stamp tax was posted said party
had carried on the business Of whole
ssle Or retail liquor dealer or Of q
Wholesale or retail malt liquor dealer,
according to the terms OF the special
tax stamp; and the possession
Of said speciai tax stamp on or
about the premises shall be prims
Lfacie evidence to the same effect; II
Arm or corporation. or any
judicial proceeding against such per-
son. frn or. corporation for carrying
on the business Of brewer or distiiler
or rectider OF spirits. the fact may be
l1competent manner that the party
charged has taken out license from
i the United States as a. brewer or dis
tiiier or rectlfier Of spirits or has paid
q special internal revenue tax as such
brewer. distilier or rectifier Of spirits.
or has paid special Internal revenue
tax as such brewer. distiller or rectifier
of spirits. or has complied with the
laws of the United States sntitling such
! party, so FAR as coucerns said laws. to
be a brewer or rectifier or disttiier of
| lsPtEiNB0 A0I LILO RAa~c VI tnc RSItDQ
volved in the charge or In the case and
shall be deemed prima facie evidence
OF the guilt OF, such party. according as
the charge may be; and when the pay
ment of such tax. or lne posting OF
such stamp tax, is nsoe TO appear to
the satisfaction Of the Judge or chan-
cellor in. any proceeding to enjoin or
abate a liquor nuisance. the Same shall
be suficient. to justify the chancellor
or Judge In awarding n preliminary In
junction restraining the maintenance
OF such liquor nuisance. The same evi-
dence with like erect as thar herein
above referred to IL admissible against
any servant agent. clerk. or empioye
OF any principal who has paid the tax
or posted the tax stamp. or qualined to
do business as a. distiiier. brewer or
rectifier under the laws of the United
States when such servant, agent. clerk
or employe was. engaged In conducting
or in aiding In the conduct OF the bus
mess OF the pricipai at the time and
place involved and tor which the tax
was paid, or for which the principal
qualified to do business as such dfstil-
| Ter. brewer or rectifier. But the rule
Of evidence herein declared by which
the payment OF the SPECIAL tax or the
posting OF a tax stamp - made prirna
facie evidence shall not apply to bona
only under the regulations Of the law
of the State and who have paid spe-
ciai tax or taken out a spe-
lcial tax stamp from some
| internal revenue COLLECTOR as . wnoie-
sale dealer In liquors, nor shall 1t ap-
ply to any retail druggist who Is him.
self q registered or licensed pharmacist
or who regularly employs registered
or licensed pharmacfst. or to bona
fide physician who sells and keeps for
sale alcohol for medicai purposes. only,
as authorized by law. and who sells ale
hn PAor1YI0ttoSfo
scribed by the law OF the State, and who
has paid special tax or has taken
| out q special tar stamp as retail liquor
| dealer under the laws from such inter-
| nal revenue collector. Provided. how
ever, that the said druggist within thir-
| ~ DAYS after the passage of this act.
or within fifteen days after payina
such tax or taking such tax stamp
shall file declaration under oath with
the probate Judge of the county In
which their business IL located and have
same recorded to the effect that they
paid said tax and obtained said stamp
rs such liquor dealer for the sole pur-
nose Of selling alcohol a. authorised
under the law OF the State. and that
they will not under said tax stamp or
otherwise cell. offer for sale or keep
for sale upon the premises where their
business 80 conducted. any prohibited
liquors or beverages eAeept such aico.
hol as they are permitted by the laws
Of Alabama TO sell: ana provided fnrth-
er that bona fide physicians who may
pay such tag In order 20 obtain the
right 70 sell alcohol rs authorised by
| the law OF Alabama. shall within flf-
teen days after paying such tax and OBJ
tanning . tax stamp. hle with tine pro-
bate Judge OF the county declaration
in the terms herein above provided for
use by druggists.
%. II shall be unlawful for any per-
son, firm association or corporation To
receive for storage, distribution or ON
consignment for another prohibited
liquors and beverages o. any OF them.
or to have or maintain any warehouse
or other place for the receiving. stor-
ing or distribution Of liquors for anoth-
err, and any person vfoiatfng this Sec
ton shall be guilty Of mfRdarnaanor
"a It shall be Unlawful forS any per-
son, firm, corporation or association
whether common carrier or not. to ac-
cept from another for shipment. trans
portatjon or delivery, o. 10 ship. trans
port or deliver.for another said prohibit
ed liquors or beverages or any OF
them. when received at one point, place
or locality In shis 9rate co be shipped
or transported TO or delivered to an
other person. arm ar corporation at
another point. place or locality In this
State. or to convey or transport over
along any public street or highway any
OF such prohibited liquors for another.
ana any person violating any provision
of this section shall be guilty of mis-
| demeanor. but the provisions OF this
section shall not apply to those trans
! porting and delivering to druggists and
| physicians such alcohol as they are :
permitted by the laws of the State to
sell or dispose OF in accordance with
tho statutory regulations upon that
subject.
25. No transfer company, traffic COM
pany. transportation company. ware
sS,.se aheru III ~avSofatjon
chartered under or by the laws OF Ala
bama shall have any fight or power to
engage in or carry on the business OF
delivering, Transporting. storing or
lwarehousing any prohibited liquors and
| beverages. and any corporation OF this
State, offending against this provision
or engaging In such business shall for
felt its charter. which. however. may be
declared upon snit IN quo warranto
before a court OF competent Jufisdic-
ton II any person or offaeer Wishes to
institute the suit
| 26. That when any certificate Of In
| corporation or declaration or other like
| instrument is filed with any probate
fudge in this State preliminary TO the
organization OF or Tor making OF any
business corporation under the laws
of the State of Alabama Of the kind
named in the preceding section ar of
any mercantile ar beverage company.