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

1 i've gallons at one time; and the tern, | wholesale dealer in malt liquors
 shall mean and be deemed to designate | every person, firm, corporation or as- l sociation who sells, or offers for sale
 malt liquors in quantities of not less l than five gallons at the same time | end the term brewer" shall mean and
 De held to designate every person, l 1irm, association or corporation that
 manufactures fermented liquors of any
 name or description from malt wholly CT In part, or from any substitute therefor; and the term "distiller" shall
 mean and be held to include every ! person, association or corporation that produces distilled spirits, or who brews l or makes mash, wort, or wash fit for | cistillation, or for the production of
 spirits or who by any process of evap- i oration separates alcoholic spirits from | any fermented substance, or who, rnak- | Ing or keeping mash, wort or wash. l has also in possession or use a still. l Sec 5. That it shall be unlawful for any person, firm corporation or associa- | ton within this state to manufacture. | sell, offer for sale, keep or have in posses | sion for sale, barter, exchange, give away. furnish at public place or elsewhere or otherwise dispose of the prohibited H. quors and beverages described in section of this act, or any of them, in any ouan- I tity except as hereinafter provided: but this inhibition does not include, and noth- l ing in this act shall affect the social serving of such liquors or beverages in private residences in ordinary social inter- course Any violation of this section of this act shall be a misdemeanor punish able by fine of not less than $50 nor more than $500, to which, at the discre- ton Of the court or judge trying the case, may be added Imprisonment in the county Jall or confinement at hard labor for the county for not more than six months for
 the first conviction; and on the second
 ana every subsequent conviction of a vio-
 latlon Of this section the offense shall,
 in addition to fine within the limits
 above named, be punishable by confine-
 ment 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.
 Sec. 4. That it shall be unlawful
 within this state to carry on the
 business of a brewer distiller, recti-
 fer of spirits, or retail or whole
 sale dealer in liquors. or retail or
 wholesale dealer in malt liquors; and any
 violation of this section, whether a first
 or subsequent offense, shall be punish
 able as prescribed in section 3 for vio-
 latons of that section. The carrying on
 business as such brewer, distiller or recti-
 fer of spirits, or retail or wholesale
 dealer in liquors, or retail or wholesale
 dealer in malt liquors, shall for each
 separate day that 1t is carried on consti-
 ute seperate offense, to be punished
 as prescribed herein.
 Sec. 5. That 1t shall be unlawful for any
 person, firm, association or corporation,
 directly or indirectly to keep or maintain,
 or in any manner to aid or abet in keep
 ing or maintaining, any of the following
 places, which are hereby declared to be
 unlawful drinking places: Q) Any place or resort where the prohibited liquors or
 beverages or any of them are kept to be
 drunk upon or about the premises by persons resorting there for that purpose;
 @ any clubroom or other place in which
 are received or kept for the purpose of
 barter or sale, or use, or gift as a bever-
 age, or for distribution or division among
 or furnishing to or for use by members
 of any club or association of persons by
 any means whatever the prohibited
 liquors and beverages, or any of them,
 referred to in section l of this act; (0
 any clubroom or room of any association
 of persons in which said prohibited liquors
 or beverages, or any of them, are kept
 or stored for the purpose of being drunk
 or consumed 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 persons to which members or their guests | or others. by the permission of memuers, | resort for the purpose of drinking the prohibited 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 con- | stitute an unlawful drinking place, and the act of keeping or maintaining any | such room or place shall be deemed a | separate offense for each day that it | continues; and any violation of this sec- | tion, whether a first or subsequent of- fense, shall be punishable as prescribed l by section 8 for violations of that sec | ton. Any place or room kept or main tained in violation of the provisions of | this section shall be deemed to be com- | mon nuisance and may be abated by writ of injunction issued out of court | of equity upon a bill filed in the name | of the state by the state attorney gen. eral, or any solicitor or prosecuting at- torney whose duties require him to prose- l cute criminal causes on behalf of the state. in the county wherein the nuisance
 Is maintained, or by any citizen or citi- zens of such county, such bill to be filed I in the county in which the nuisance exists. | And all rules of evidence and the practice
 and procedure that pertain to courts
 of equity generally in this state may De
 invoked and applied in any injunction
 procedure hereunder. Any chartered club
 or incorporated association or persons un-
 der the laws of Alabama that is guilty l or Violating any of the provisions of this section of this act, or maintains or | keeps any such place as is hereinabove
 described, shall forfeit it's charter, and such forfeiture may be declared by a | proceeding in quo warranto against the | clnh inrOrnnra tod a in, n | of competent Jurisdiction in the county where the unlawful act is committed
 l Sec. G. That wholesale druggists may l sell in wholesale quantities to retail drug | g1sts and to public or charitable hospitals
 or to medical or pharmaceutical colleges, pure alcohol for medicinal purposes only, or grain alcohol to be used by chemists | or bacteriologists actually engaged in scientific work, and for such purposes only. and such wholesale druggists shall at the end of each month in which any | such sales have been made, file with the probate judge of the county in which they do business, statement in writing giv- ing the name of the purchaser. the price paid, the date of sale and the quantity
 and character of the alcohol sold.
 Sec. '. That any retail druggist in this state who is himself a registered or li- ccnsed pharmacist, or who regularly em- pltys registered or licensed pharmacist may sell in the manner herein set out pure alcohol for medicinal purposes only; grain alcohol to chemists and bacteriolo- gists actually engaged in scientific work, and for such purposes only, provided that nothing herein contained shall prevent such druggist from using alcohol in the compromising of prescriptions or other medicines. the sale of which would not
 subject him to the payment of the spe- cial tax required of liquor dealers by | I1nifa6 fofa dad hat