The Montgomery advertiser., 1909-09-16

place or places. or whether there seems to be any stock of liquors on hand for sale or distribution. and any other fact the sheriff may ascertain tendig to show that said parties are violating or are prepared to violate any prohibitory law of the State or other law for the suppression of the evils of fntemper- ance, and whether said parties or any of them are retail or wholesale drug gists. and the sherin shall report the result of such investigation in writipg to the solicitor or solicitors who prose- cute criminal cases In their respective counties. Said report shall be kent on hle by the solicitor in his once and shall be subject to the inspection of the court in which the solicitor prose- cutes. and after fifteen days shall be open to the inspection of any tax pay CT of the counay, who may make e copy or take extracts therefrom. The said sheriffs shall be paid for each such inspection and report the sum of two dollars each for the first fifty inspec- tions and if such inspections number more than fifty the sum of one dollar for each subsequent Inspection under this section. together with the actual expense of travel that is necessary to make the inspection beyond the limits of the county town, which fees and expenses shall be audited and allowed by the board of revenue or court of county commissioners and be paid out of the county treasurer in the manner and form provided by section 2 for the investigation under that section.
 5. Whenever the sherif has probable cause to believe and does be- tieve that any of the laws for the suppression of intemperance are being violated by any person. or ascertains fa .fa xxwtxN xNAA ha ~A Al..0 0A-A. constitute prima facie evidence of guilt of violating any of such laws. he may by himself or through deputy in- stitute by affidavit a criminal prosecu- ton against the guilty party or parties before q court or offlcer of proper ju- risdiction.
 6. That 1t shall be the duty of the solicitors and prosecuting attorneys in the counties wherein they prosecute to diligently aid the sheriffs in enforcing the law and he may by his own affida- wit institute proceedings or file a bill to abate liquor nuisances in cases in which he has probable cause to believe and is able to show to the magistrate or judge probable cause for believing that the laws for the suppression of the evils of intem- perance are being violated or e liquor nuisance maintained. and he may do so when the facts are brought to his knowledge which make Q prima facie case under the laws of the State for such violation.
 '. That the said solicitors herein above referred to shall recognize as associate counsel In . criminal prose- cution for a violation of said laws for the suppression of the evils of intem- perance. any attorney employed or au- thoriZed by the Governor or attorney general to appear Tn the cause as as- sociate counsel. or any such attorney who Is employed by as many as ten reputable citizens of the county who are tax payers. and such associate at- torney shall be recognized by the court or judge before whom the case is pend Ing for trial as associate counsel. and no such prosecution shall be dismissed over the objection of such associate counsel until the reasons of the county attorney for such dismissal together with any objections thereto which the associate counsel may desire to present shall have beoD filed in writing and fully heard and cosidered by the court and such written reasons and objections shall be filed in the cause and pre- served as part of the court papera
 8. That any wilful failure or neglect upon the part of any solicitor or sher- fir to perform any duty required of him by this act shall constitute wilful neglect of duty. and shall authorize his impeachment and removal from of- flee in acordance with the laws and constitution of the State providing for and regulating the impeachment of such officers by a proceeding before the supreme court of the State. 9. That this act shall take effect from and after its passage the public welfare requiring 1t.
 Approved August 25th. 1908. 70! oniciaI. Frank ". Julian.
 Secretary of State.