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

stitutes the keeping Of an unlawful
drinking place.
80. That all prosecutions for . vio-
lation of any provision of this act. or
Of any other act for the suppression Of
the evils OF intemperance. including all
prosecutions for violation OF the stat
ute. approved Aug. 0, 1909. and which
In general terms IL for Identification
referred to as an act to promote tenn
perance and to suppress the evils OF
intemperance. and TO prohibit this man
ufacture, sale. offerfng for sale, keep
ing or having for sale or otherwise
disposing Of prohibited LIQUORS ana
beverages and keeping unlawful drink
ing places may be begun by amdavit
as well as by Indictment, and that
when begun By afidavit the person
charged shall not haveCth right to
demand that Q grand jury shall prefer
indictment for the alleged offense. but
the prosecution may continue no mat
ter in what court or before what judge
the trial shall be had upon the afhda-
Wit upon which 1t was originally begun,
and the said affidavit or any complaint
that may be filed In such prosecution
may be amended to meet the ends OF
justice and to prevent dismissal OF
the case upon any informally, irreg-
uiATlIy OF A. shS RA~~~
cution Is begun In q court IN which
Jury trials are provided for. the de-
PENDANT may at the time he gives bond
within Ave days thereafter file In the
cause q demand for trial by jury. or
IL he does not give fond he may with
in Ave days after fiis arrest. file In the
court q demand for jury trial, In
which event such jury trial shall be
allowed. II the prosecution Is begun
before q court or Judge as to which
or whom no provision Is made Tor q
Jury trial, the court or judge II II
or he has Jurisdiction to try the case
ana 10 ana a party charged guilty or
not guilty, shall proceed with the
trial, and II the party charged Is con-
yicted, he may appeal to the circuit
court or other court Of record or ike
Jurisdiction In the county, having ju-
rfsdiction in cases of appeal from the
county court or from a Judgment OF 2
Justice OF the peace in such form ana
in such manner and subject to such re-
strictiors as govern appeals under the
Code of Alabama from such Justices OF
the peace or county court, ana tne
party may demand and be entiaeo "
Jury trial In such higher court UNI
aar the same terms and conditions that
fury trials are obtainable in cases OF
appeals from such justices Of the peace
or county court to said circuit court OF
other court OF like jurisdiction; but TINS
section shall not alter the practice IN
respect to any preliminary proceeding,
authorized by law before justice Oh
the peace, Nor Is 1t intended hereby
to take away from the circuit court
of any county any exclusive 1urisalc-
ton 1t may have to try cases against
and to punish violators of pronibltory
liquor laws, and any. circuit court that
NAV have exclusive Jurisdiction by any
law applicable to the county to try
cases against and to punish violatofs
of prohibitory> or other anti-liquor
laws shall continue to have its pres
ent Jurisdiction, and shall have such
exclusive Jurisdiction of violations of
this act or of the act approved August
Q, 1909 hereinabove referred to and
all other laws of this State for the
suppression of intemperance and the
promotion. of temperance.
80 Ia. That in all prosecutions
against any persons for manufacturing,
selling. offering for sale, keeping or
having in possession for sale, barter
Ing, exchanging, furnishing giving
away, or otherwise disposing of pro-
hibited liquors and beverages. or for
any one of the said acts, 1t shall be
competent for the State to give in
evidence the fact that the beverage
which the evidence may tend to show
the defendant had manufactured. sold,
bartered, exchanged, furnished, given
away or otherwise disposed of. possess
or possesses the same color, odor and
general appearance, or the same taste,
color and general appearance of pro-
hibited liquor or beverage, such as
whiskey, rum, gin, ale, porter, beer
eraIge, and the 1faeto tlt1stfgt her beyeFAge
In question as above stated esssgof the
same color, odor and general appear
ance or same taste, color and general
appearance as beer, shall constitute
prima facie evidence that the beverage
is beer or q malt liquor or substitute
or device therefor. and within the in
hibition of the statute approved Aug.
8, 1908, for the suppression of intem-
perance in this act referred to; and the
like rule OF evidence shall apply In
respect to whiskey and the other bev-
erages named, and in the event the
defendant claims that the beverage In
question as above referred to Is not
within the inhibition OF the statute
when It possesses the same color, odor
and general appearance or the same
taste. color and general appearance as
a prohibited liquor or beverage, sucn
az whiskey, beer or the other bever-
ages named herein above, the burden
Of proof shall be upon him to estab :
lish 10 the reasonable satisfaction OF
the Judge, court or jury trying the case
that the beverage in question Is not
within the inhibition OF the said stat
ute. and that 1t is a beverage not pro-
hibited by the said statute to be man
ufactured, sold, offered for sale or 9TH
erwise disposed of. The same rule of
evidence shall be applicable in all
cases for the abatement of liquor nuis-
ances by bills in equity and In all
prosecutions for. violations of statutes
OF the state for the suppression OF the
evils of intempeTance when 1t becomes
necessary to determine whether the
liouor or beverage in question is
prohibited liquor or beverage.
90. That any person who shall act
as agent or assisting friend of rhe sell
err or buyer in procuring an unIawlui
sale OF any prohibited liquors and pew
erares. shall be punishable as II ne
baa sold said prohibited liquors and
heverares. and conviction may be had
OF such agent or assisting friend upon
an indictment, afidavit or complaint
against him for selling prohibiteo
Houors and beverages contrary TO ia" :
a21-2 That no dealer in beverages
shall post or place about the premises
anv sign or signs containing the name
of any prohibited liquors or beverages
or indicating that any prohibited llq-
uora or beverages are kept on or
about the premises for sale or other
disposition, nor shall any dealer Ia
beverages employ the word saloon"
in designating the business or the
Mace where the beverage business Is
aondrctad and in case of any charge