The Birmingham age-herald., 1919-02-22

estate and building at 2227 Second ave- nue where the 100-gallon distillery was discovered and seized by officers last Wednesday. The bill in equity was filed by Special Assistant Attorney General Horace c. Wilkinson, assigned by Attor- ney General J. Q. Smith to prosecute the case.
 The bill sets out that Penelope Jebeles, the Jebeles & Colias Confectionery com pany and the Colias Candy company, the latter two corporations under the laws
 Of Alabama, are each claiming some
 right, title or interest in and to the property described, that on February IS,
 1919, officers seized a distillery or plant
 used for the manufacture of prohibited liquors, and that under the act ap-
 proved by the governor on January g,
 1919, the use of real and personal prop erty for distilling liquors works a for
 feiture of the property.
 They state that Nicholas Colias, an
 officer and agent of the corporate de-
 fendants, is in the custody of officers
 charged with violating the prohibition
 laws, and that because of his restraint
 a custodian or trustee to take posses sion of and preserve the seized property
 is necessary and they ask the court to
 appoint such trustee or custodian, and
 they also pray for an order, judgment
 O. decree forfeiting the property, for its
 sale and the distribution of the proceeds
 thereof in accordance with the law.
 The text of the complaint follows:
 State of Alabama, complainant, vs.
 Penelope Jebeles, Jebeies & Colias Con-
 fectionary company, corporation, ana
 Colias Candy company. corporation, re-
 spondents.
 "To the honorable judges of the circuit court of Jefferson county. Ala, in equity
 sitting.
 "Comes the state of Alabama, by it's attorney general, Hon. J. o. Smith, and
 respectfully shows unto the court as fol
 lows, to-wit
 "1. That J. 0. Smith is the attorney
 general of the state of Alabama, and
 under and by virtue of the provisions or
 an act of the legislature of Alabama, approved January 25, 1919. entitled, An
 act to further suppress the evils or ln- temperance,' is authorized and entitled to file this bill for and on behalf of the state of Alabama. s.2 That Penelope Jebeles is resident of Jefferson county, Ala, and is over the age of 21 years; that Jebeles x Colias Confectionery company is a corporation doing business in Jefferson county, Ala that Colias Candy company IS corpo- ration doing business in Jefferson coun- ty. Ala; that each of said corporations were organized under the laws Of the state of Alabama.
 8. That the following described prop erty is situated in Jefferson county Alabama. to-wit: The east half of the west half of lot No. 1, and the east hall of lot No. 3, block No. 102. in the city of Birmingham, Ala, said property and tract of land approximately 25 feet by 140 feet, situated on the south side of Second avenue, between Twenty-sec- ond and Twenty-third streets, in the city of Birmingham, Ala.
 "4 That located on said property described in paragraph 3. supra, is three-story brick building, which said building covers practically the entire strip or parcel of real estate described above.
 "5. That on, to-wit, the 18th day oi February, 1919, and subsequent to the 18th day of January. 1919, distillery or plant for the making of prohibited liquors was located in, attached to ano operated in and on the building ane real estate described in paragraph above, and complainant ayers that saic building and real estate described IT paragraph 3, supra, constitutes the premises on which the unlawful act above set out was performed.
 "6. That the said Penelope Jebeles and Jebeles & Colias Confectionar, l company, corporation. and Colias ! Candy company, corporation, eacf claim to own some right, title or in l terest in or to the real estate and build 1 ing described in paragraph 5, supra and the complainant charges and ayers 1 that they and each of them permitted distillery or plant for the making of prohibited liquor to exist on the req estate and in the building described 1T paragraphs and 4, supra, which saie 1 building and real estate complainant 1 ayers constitutes the premises oi I which the unlawful act complained ol | was permitted to have been performed | "7. Complainant further shows unto your honors that the building descr1Dee
 in paragraph 4, supera, and the req estate described in paragraph 5, supra are situated in the business district O.
 the city of Birmingham, Ala. that sait | building contains gas, electrical ant ! water fixtures and connections. ant that the same is at this time wfthou
 a proper custodian because of the fac l that one Nicholas Colias, who is al officer and agent of the Colias Cana! 1 company, a corporation, and who is al agent of the Jebeles & Colias Con 1 fectionary company, corporation. ant who was permitted by said Penelop'
 Jebeles to operate distillery or plan
 for the making of prohibited liquors Il I the building and on the real estat I herein described and referred to. is nov | in the custody of officers of the law 1 charged, among other things, with vfo lating the prohibition laws of the stat of Alabama. and particularly charged with operating the still referred to ant complained of in this bill and com plainant further ayers that the dis tillery or plant, referred to in his tbill i together with a large quantity of mash l or fermented grain, or other substance used in the manufacture or distillatioI of prohibited beverages are now located
 in said building and that it is neces sary to prevent a depreciation in thu value of the property herein described
 or loss or damage thereto by ire o water that a proper custodian or trus | tee for the same be appointed by thi court, with power and authority t. take charge and possession of sait property and to preserve the same il | status quo pending the trial of the is | sue herein rendered; complainant fur
 ther shows that the building and prem 1 ises as they now stand will be valua | ble as evidence for the state of Ala bama on the trial of this issue ant l that an inspection of said premises wil tend to affirmatively prove the mate rial allegations of this bill
 Now. the premises considered, thu
 complainant prays that each of thu ] parties above named, Penelope Jebeles |