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

named hereinabove, the burden of proof shall be upon him to establish to the reasonable satisfaction of the judge. court or jury trying the case that the beverage in question is not within the inhibition of the said statute. and that II Is a beverage not prohibited bt the statute to be manufactured. sold, offered for sale or otherwise disposed of. The same rule of evidence shall be applicable in all cases for the abatement of liquor nuisance by bills in equity and in all prosecutions for violations of statutes of the state for the suppression of the evils of intemperance when 1t becomes necessary to determine whether the liquor or beverage in question is a prohibited liquor or beverage.
 Section 8. That any person who shall act as agent or assisting friend of the seller or buyer in procuring an unlawful sale of any prohibited liquors and bev erages shall be punishable as if he h--d sold said prohibited liquors and bev- erages, and conviction may be had of such agent or assisting friend upon an indictment, affidavit or complaint against him for selling prohibited liquors and beverages contrary to law.
 Section 331a. That no dealer in bever- ages shall post or place about the prem ises any sign or signs containing the name of any prohibited liquors or bev-
 
 liquors or beverages are kept on or about the premises for sale or other disposi- tiol, nor shall any dealer in beverages employ the word saloon buffet or bar in designating the business or the place where the beverage business is con- ducted, and in case of any charge or prosecution against any dealer in bever- ages for violating the law against selling, offering for sale or keeping for sale or otherwise disposing of prohibited liquors and beverages, 1t shall be competent to make proof in the cause that said party had posted such signs on or about the premises or that the word saloon, buffet or bar was employed to designate the business or the place where the business was conducted. That any person violat- ing any provision of this section shall be guilty of a misdemeanor.
 Sec 34. That if any prohibited liquors and beverages are delivered to a carrier to be by the carrier transported and de- livered C. O. D. to any person at a point in this state, meaning thereby to collect on delivery by the carrier for the con- signor the amount of the purchase money for such liquors, then ana in every case the carrier shall be deemed and held the agent of the consignor, and all such pro hibited liquors and beverages shall re- main the property of the consignor until actually delivered and the money paid 10 the CdrT1eT lnerelOT, dHu IHe stINdiL or agent of the carrier who knowingly delivers any such liquors or receives pay therefor within the state shall be guilty of a misdemeanor.
 Sec. 30. That any violation of any pro- vision of this act where no other penalty is provided for shall be punishable by fine of not less than $50 nor more than $500, to which may be added in the discretion of the judge or court trying the case, Imprisonment in the county jail or at hard labor for the county for not less than six nor more than 12 months, this being the general penal clause of the act.
 Sec 36. That if any section or provision of this act shall be declared to be void or unconstitutional it shall not affect or destroy the validity or constitutionality l of any other section or provision which | is not in and of itself void or unconstitu- | tional and it is not intended by this act to interfere with the exclusive power of tine Congress of the United States to regu- rate commerce with foreign nations and among the several states, and this act shall be so construed as to avoid con- flict with that clause of the constitution of the United States which confers upon the Congress of the United States the power to regulate commerce with foreign nations and among the several states and with Indian tribes.
 
 strued so as to accomplish the purpose thereof, which is to further suppress the evils of intemperance and secure obedi- ence to and the enforcement of the laws of the state for the promotion Of tenn perance and for the suppression of the uanufacture of and traffic in prohibited liquors{ and beverages and to prevent evasions and subterfuges by which such laws may be violated.
 Sec 3S. That all laws and parts of laws, general, local and special. in conflict with the provisions of this act be, and the same are, hereby repealed, but no such repeal or any repeal provided for by this section shai effect any existing right remedy, defense or liability incurred, nor any &C., tion or prosecution, civil or criminal, al- ready commenced or which may be here after commenced for any offense already committed, or to enforce any right, pen alty or punishment under any repealed law, and as to all such cases the laws in force at the time of the enactment and taking effect of this statute shall continue in force.
 Sec. 39. That this act shall go into effect at il o'clock p. m., on the 30th day of June, A. D. 1915.
 Approved January 23 1915.