The Birmingham age-herald., 1909-07-28
Everything In
 Furniture For Everybody

sons resorting there for that purpose; (2 any clubroom or other place in which are received or kept for the purpose of barter or sale, or use, or gift as a beverage, or for distribution or division among, or fur nishing to or use by members of any club or association of persons by any means whatever the prohibited liquors and bev- erages, or any of them, referred to in Section of this act; (0 any clubroom or room of any association of persons In which said prohibited liquors or bever- ages. or any of them, are kept or stored for the purpose of being drunk or con- stunned by the members of such club or other association of persons or their guests or others on the premises. or at or near the place where such liquors or beverages, or any of them, are kept or stored; (4) any place adjacent to or near the premises of any club, corporation or association, or other combination of per sons to which members or their guests or others, by the permission of members, re- sort for the purpose of drinking the pro- hibited liquors and beverages, or any of them, that are kept at or near such place.
 Any of the places herein designated if kept or maintained shall be and constitute an unlawful drinking place,
 
 any such room or place shall be deemed a separate offense for each day that 1t continues; and any violation of this section, whether first or subsequent offense shall be punishable as pre- scribed by section 5 for violation of that section
 Any place or room kept or main tained in violation of the provisions of this section shall be deemed to be l1 hot fad by writ of injunction issued out of a court of equity upon a bill filed in the name of the state by the state attor- ney general or any solicitor or prose- cutting attorney whose duties require him to prosecute criminal causes on behalf of the state in the county where the nuisance is maintained, or by any citizen or citizens of such county, sucn bill to be filed in the county in which the nuisance exists. And all rules of evidence and the practice and pro- cedure that pertain to courts of equity generally in this state may be fn- voked and applied in any injunction procedure hereunder.
 Any chartered club or incorporated association of persons under the laws of Alabama that is guilty of violating any of the provisions of this section of this act, or maintains or keeps any oOooA shall forfeit It's charter, and such for feiture may be declared by pro- ceeding in quo warranto against the club or incorporated association in court of competent jurisdiction in the county where the unlawful act Is com mitted.
 Sec 6. That if any section or pro- vision of this act shall be held to be void or unconstitutional it shall not 1nu Orr stitutionality of any other section or provision which is not in and of it. self void and unconstitutional; and 1t Is not intended by this act to inter- fere with the exclusive power of Con- gross of the United States to regulate commerce with foreign nations and among the several states, and this act shall be so construced to avoid con- f1ict with that clause of the constitu tion of the United States which confers upon the Congress the power to regu- late commerce with foreign nations and among the several states and with Indian tribes.
 Sec. 2. That this act shall be liber- ally construced so as to accomplish the purpose thereof, which Is to promote temperance and reduce and discourage the use and consumption of the said prohibited liquors and beverages de- SCTlDeQ III SeCLlOn l Ol tIlS dCl, iHQ any device substitute for any of the prohibited liquors and beverages. including those beverages that are commonly known and vcalled near beer, such as White Top, Pabst Mead and other similar drinks and beverages, shall be held and deemed to be within the inhibition of this statute.
 Sec. 8. That all laws and parts of laws, general, local and special, In con- fiict with the provisions of this act be and the same are hereby repealed; but the sections from to 10. 10th inclu- sive. of the act approved November 2S, 1907. referred to in section of this act, are not repealed; provided, how ever, that this repeal shall not affect any existing right. remedy or defense or liability incurred nor shall it affect any action or prosecution, civil or criminal, already commenced, or which may hereafter be commenced. for any ofrense already committed, or to en- force any right or penalty, or punish ment under any reprealed law, and as to all such cases the laws in force at the time of the enactment of this statute shall continue in force.
 Sec. g. That this act shall take effect from and after its approval by the governor. the public welfare requir- ing 1t.