The Birmingham age-herald., 1915-03-18

whether from within or without the state
 this shall constitute prima facie evidence
 that such liquors are received for an un-
 lawful purpose and that they are had
 in possession for sale, or for ether un-
 lawful disposi.on; and it ;s further en-
 acted that greater quantity than one
 quart of suel. liquors shall noc bs received
 CT possessed at one time in psat or half
 pint bottles or receptacles and viola
 tior of this section shall be a msde-
 meanor. but this section shall not apply
 to beer or ale. But this section shall ap-
 ply upon its enactment into law to all
 receipts or possessions of said liquors
 occurring at any place or localities or , within any territory of this state where and within which it shall then be unlaw full to sell, keep for sale or otherwise dis pose of such liquors and 1t shall be- come applicable to such possessions and deliveries at other places and localities, anu within other territory in this state when and as soon as 1t shall become un- lawfr. to sell, keep for sale, or other wise dispose of such liquors at such place o. localities, or within such territory. Se.. lS That if for any reason any sec ticn, provision. clause or any part of th.s acs shall be held to be unconstitutional or invalid, then that fact shall not af- fact or destroy the validity or constitu- tionality of any other section, provision, clause or part of this act which Is not in and of itself unconstitutional or in valid, and the remaining portion of the act shall be enforced without regard to the section, provision. clause or part so hetd to be invalid. This act shall be lib- orally construed so as to accomplish the purpose thereof, which is to further sup press the evils of intemperance. and to restrict the consumption of intoxicating liquors in this state, and to Secuer obed- ence to and enforcement of the laws of this state for promotion of temperance o11 in, u,tf xff.af imp l liquors and beverages and other prohib- tied liquors and beverages.
 Sec. 19 That this act shall be con-
 atrued in harmony with all statutes of
 the United States relating to the trans portation of the liquors mentioned in sec ton 1 of this act into this state from points or places outside of the state men, toned in section 1 of this act, and other federal statutes bearing upon interstate shipments or such liquors.
 Sec. 20. That, in the prosecutions of violations of this act or any law for the suppression of evils of intemperance or the promotion of temperance any com
 mon carrier doing business in the state of Alabama. or any person engaged in trans portation in the state. or making deliv- cries in this state of the liquors men, l tioned in section 1 of this act or of other l prohibited liquors and beverages, is re- | uuired to permit an examination of all | ms DOCKS, reCOruSr paDeTs, DllS bl tdu- I ing, and accounts pertaining to the ship ment of such liq,sors. by any officer in l this state whose duty it is to prosecute crime or ferret out criminals, when such l information is sought for the proseeu- l ton of persons charged with or suspected
 of crime.
 Sec 2l. That no person shall be ex-
 cused from testifying before the grand jury, or on the trial in any prosecution | for any violation of this act, but no dis l closure or discovery made by such per- I son is to be used against nim in any penal or criminal prosecution for and on account of the matters disclosed.
 ] Sec. 22. That, in all prosecutions under I this act for unlawful shipments of the l liquors mentioned in section 1 of this act l into this state, the offense shall be held l to have been committed in any county of | the state through which or into which l said liquors have been carried or trans ported, or in which they have been un- l loaded, or to which they have been con | veyed for delivery.
 l Sec. 23. That any railroad company, | express company, or other carrier, or any person corporation violating any of 1 the provisions of this act failing to comply with any requirements thereof, shall be guilty of a misdemeanor, pun ishable by fine of not less than $50, nor more than $500, to which at the discretion of the court or judge trying the case may be added in- prisonment in the county jail, or confine- ment at hard labor for the county for not more than six months for the first convic- tion: and on the second and every sub sequent conviction of violation of any provision of this act, the offense shall in addition to a fine within the limitations above named, be punishab ble by imprison-
 ment in the county jail, or at hard labor for the county for not less than three nor
 more than six months. to be imposed by
 the court or judge trying the case and 1t shall be the duty of the solicitor or
 prosecuting attorney in all cases of in-
 dictment by the grand jury to ascertain
 whether or not the charge made by the
 grand jury is the first or subsequent of-
 fense, and if the latter, 1t shall pe so
 stated in the indictment and returned and
 1t shall introduce proper evidence before
 the trial court showing that 1t is a sub-
 sequent offense and shall not be permit
 ted to use his discretion in charging said
 second offense or in introducing evidence
 and proving the same on the trial.
 Sec. 24 That this act shall take effect
 from and after it's final passage and en-
 actment into law, the public welfare re-
 quiring it.
 Passed by the house and senate Jan-
 uary 27. 1915.
 Official:
 JOHN PURIFOY,
 Secretary of State.
 No. 35) AN ACT (H. 10s
 To appropria .> the sum of s50.0O0, or
 AL -.xA l.