The Birmingham age-herald., 1909-08-30
CONTINUED FORM PREVIOUS PACED

drink spirituous. vinous or malt liquors or other prohibited liquors and beverages in the presence of passengers on a rail- way passenger car, or street ear or at any passenger waiting room or waiting place of any carrier of passengers. shall be guilty of a misdemeanor, but this shall not apply to any closet or smoking com pertinent: and conductors and superin- tendents of waiting rooms, waiting places may exercise the power of a police officer for the enforcement of this section.
 2S. When a sheriff obtains from the in- ternal revenue collector a list of persons who have paid United States special tax as wholesale or retail liquor dealer or malt liquor dealer or as brewer, or have qualified under the laws of the United States to be a rectifer or distiller of spirits in his county he shall promptly furnish the solicitor, his deputy or other prosecuting officer or attorney who prose- cutes criminal eases in the county on be- half of the State. with said list or a copy and 1t shall thereupon he the duty of such solicitor or other prosecuting attor- ney so notified to take active steps to
  the prevention of a continued violation of the law of the State by such person or party. and he shall proceed by iniunc- ton, search warrant or criminal prose cutlon, one or all. according as his judg- ment dictates shall be most effective in securing the. enforcement of the Jaw against such party or parties: if lie s willing and able to make the affidavit required by law. and if he is not he shall proceed by such injunction. search war rant or criminal prosecution. one or all according as his judgment dictates shall he most effective in securing the en- forcement of the law if any reputable citizen offers to make or will make the affidavit necessary to secure the war rant search warrant, or preliminary in- Junction In which cases he shall super Intend the preparation of the papers and the prosecution of the cause: and any solicitor or other prosecuting attorney or sheriff who fails to comply with the requirements of this section, shall forfeit the sum Of five hundred dollars to the State for each derelction; but the said officers need not unless they have other evidence 10 justify 1t proceed against any bona ide druggist or any regular prae- ricing physician or practieing physician Who pays such special tax for the pur- pose of selling alcohol according to the statutory regulations upon that subject and who has complied with the proyis- ions of this act in respect to filing a declaration in the office of .he probate Judge of the county as to the purposes for which said tax was paid.
 29 That any solicitor or other nrose- cutting attorney in the county whose duty 1t IS to prosecute criminal cases on be- half oi the State, shall not be prohibited rom commencing prosecution of his own affidavit against any party violating any provision of this statute or any other law of the State of Alabama for the suppres- sion of the evils of intemperance. and if shall be the duty of every such solicitor upon receiving information giving him probable cause to believe that there has been a violation of any statute upon the subject named, to proceed to lay the mat ter before the grand jury, or to institute a criminal prosecution against said party hy aHldaVit before a court or judge of competent jurisdiction if he is willing and able to make such affidavit for the institution Of a criminal prosecution or If he is not he must superintend the preparation of the papers and the in-
 
 is willing to make an affidavit for the institution of a criminal prosecution against any party for such violation. provided the solicitor Is of opinion upon the facts at hand that there is reason able ground to believe that conviction ought to be had. And sheriffs are charged with the duty of being on the alert for violations of any of said stat utes and of cooperating with the solic- itors and prosecuting attorneys in bring ing violators to justice
 29R. That in an indictment, complaint or affidavit for selling, offering for sale keeping for sale or otherwise disposine of spirituous, vinous or malt liduors 1t is sufficient to charge that the defendant sold, offered for sale, kept for sale or otherwise disposed of spirituous vinous or malt liquors contrary to law; and in an indictment complaint or affidavit for selling. offering for sale, keeping for sale or otherwise disposing of prohibited liquors and beverages, it is sufficient to charge that the defendant sold. offered for sale, kept for sale, or otherwise disposed of prohibited liquors and beverages, and on the trial under a charge in either form any act of selling in violation of law embraced in the charge may be proved and the charge in each of said forms shall be held to include any device or sub stitute for any of said liquors Tn any indictment, complaint, information or affidavit, charging that prohibited liquors and beverages have been manufactured. sold, offered for sale, kept for sale or otherwise disposed of it shall not be necessary to set out the kind or quan- tity of the prohibited liquors and bev- erages, nor the person to whom such sale or offer to sell other disposition was made, and in any prosecution for a second or subsequent offense it shall not be requisite to set forth in the indictment, information, complaint or affidavit the record of a former conviction, but 1t shall be sufficient briefly to allege such conviction, and the person purchasing or to whom prohibited liquors and bever- ages or any of them have been sold or otherwise disposed of shall in all cases be a competent witness to prove the un- '-t ,t, and no person who testif1es
 oct to any unlawful act under
 or other statute for the sup
 the evils. of intemperance
 rosecuted in respect to any
 ch he testifes nor shall his
 given be used against him
 criminal proceeding.
 30. Indictments, informations. com plaints or affidavits for any violation of this statute, or any provision thereof, or of any other statute of the State for the suppression of the evils of intemperance, may set out several charges in separate counts, and the accused may be con- victed and punished upon each one as upon separate informations indictments complaints or affidavits, and judgment shall be rendered on each count under which there is finding of guilty
 31 The term, prohibited liquors and beverages. employed in this act. shall include all liquors liquids and beverages