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

a population of 2OO0 or more, no phy-
 sician's prescription shall be filled at any
 diug store of which he Is the proprietor,
 or in which said physician has financial
 inte; est. either as partner, stockholder or
 otherwise.
 Sec 10. The retail druggist may sell in
 qtantities not greater than five gallons,
 alcohol to be used in the arts or for scien-
 ttfic or mechanical purposes. and such druggist may sell in like quantities grain
 alcohol to chemists and becteriologists
 engaged in scientific work, and for such
 purposes only. and such druggists may
 sell in quantities not greater than one
 half gallon, wine to be used for sacra-
 mental or religious purposes only. Any
 person desiring to purchase alcohol for
 the purposes set out in this section shall sign a written or printed
 statement giving his name, residence and occupation, and the purpose for which he intends to use said alcohol, and he shall certify that said alcohol is purchased in good faith for such purpose and no other. Sec. Il. That it shall be unlawful to sell wine for sacramental purposes, ex- cept to a minister, pastor, priest or offi-
 cer of a regularly organized religious congregation or church, and any person 1 desiring to make such purchase shall sign l a written statement giving his name and | residence and the name and location of the church for which such wine is pur- chased, and he shall certify that said l wine is purchased in good faith to be
 used for sacramental or religious pur- | poses and no other. The statements pro- l vided for in this and the next preceding | section shall be filed at the end of each
 month by the druggist making the sale, | in the office of the probate judge of the | county.
 ! Sec. 12. All statements or prescriptions | required by this act to be filed in the | nf nf ba haf fa i11dg 1a ba
 corded and properly indexed by him in a | book kept for that purpose, which shall at all times be open for public inspec- 1 ton, and a certified copy of such record
 or the original statement or prescription
 with the certificate of the probate judge indorsed thereon: showing that 1t has been recorded shall be prina face evil dence of the facts recited therein. For making such record the probate judge shall be entitled to charge and collect for each prescription a fee of 10 cents and for all statements other than prescrip- tions a fee of 25 cents. which shall be paid by the party filing the same. | Sec. 13. That nothing in this act shall prevent the sale of wood or denatured alcohol.
 l Sec. IA. That any person who violates any provision of this act shall be guilty | of a misdemeanor. Any physician who | issues any prescription hereunder con- taining any false statement or who sells, barters, exchanges or gives away any | alcohol or uses the same. except in com- pounding and dispensing remedies in the practice of his profession, shall be guilty | of a msdemeanor, and shall be debarred | from the practice of his profession for one year; any person who snail sell any | alcohol or wine in this state for any purpose other than herein allowed. or who shall fail to file In the office of the l hot ft11u Et2te- ments herein. shall be guilty of a mis- demeanor, and any person who shall ob- i tain any alcohol or wine in accordance with this act and convert the same to
 his use, shall be guilty of misdemeanor, | and any person so offending under any clause of this section, shall, on convic- | ton, be punished by fine Of not less than l $50 nor more than $500; and may also be | imprisoned in the county jail or sem ! tenced to hardI labor for the county Tor not more than six months for the first l conviction, at the discretion of the court | or judge trying the case, and on the second and every subsequent conviction, | in addition to the fine when may be im- posed, shall be confined at hard labor for | the county for not less than three nor more than six months, to be imposed py the court or judge trying the case.
 Sec. 15. that if any section or pro | vision of this act shall be held to
 
 II affect or destroy the validity or con | stitutionality of any other section or provision which is not in and O. it. self void and unconstitutional; and 1t is not intended by this act to inter- fere with the power of Congress of the United States to regulate commerce with foreign nations and among the several states, and this act shall be so construed as to avoid conflict with | that clause of the constitution of the | United States which confers upon the | Congress the power to regulate com
 merce with foreign nations and among the several states and with Indian | tribes.
 I Sec. 16. That this act shall be lib- | orally construed so as to accomplish the purpose thereof which is to pro mote temperance and reduce and dis | courage the use and consumption of the said prohibited liquors and bev- erages. described in section 1 of this act, and any device or substitute for any of the prohibited liquors and bev- erages, including those beverages that ere commonly known and called near beer" such as White Top, Pabst Mead and other similar drinks and bever-
 ages, shall be held and deemed to be
 within the inhibition of this statute. | Sec. IT. That all laws and parts of laws, general, local and special in con- flict with the provisions of this act be and they are hereby repealed, and the following two acts are expressly | repealed, to-wit: CD, The act ap-
 proved February 21, 1911 (known as
 the Parks bilD, providing for elections 1 to determine whether or not the man. | ufacture and sale of spirituous, vinous l or malt liquors should be legalized in counties voting thereon and whether such liquors should be sold by dispen- saries or by private dealers, under
 license; and (2). the act approved April | 6, 1911 (known as the Smith bill), regulating the manufacture, sale and l other disposition of spirltuous. vinous
 and malt liquors, where authorized, 1 regulating dispensaries, providing for
 excise commissioners and the 1isposi- l tion of license taxes, and for other pur- poses as therein stated: Provided, how
 ever, that the repeals herin provided | for shall not affect any existing right
 remedy defense or liability incurred, nor shall it affect any action or prose-
 cution. civil or criminal, already rom-
 menced, or which may hereafter bc
 commenced for any offense already committed or which may be committed prior to the taking effect of this act.
 nor any action or prosecution to en- force any right or penalty or punish l ment under any such repealed law; and
 as to all such cases the laws in force
 at the time of the enactment and talk Ing effect of this statute shall con- | tinue in force.
 Sec. IS. That this act shall go into
 effect at II o'clock p. m., on the 30th
 day of June, A. D., 1915.
 Attest:
 Secretary of State.