The Birmingham age-herald. [volume], March 18, 1915, Image 11

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i THE BIRMINGHAM AGE-HERALD
‘ VOLUME XXXXIV BIRMINGHAM, ALABAMA. THURSDAY, MARCH 18, 1913 NUMBER 316 I
Complete Official Copies of Laws and Resolutions ’
As Enacted By the Alabama Legislature of 1915
j .. .—-—-------- , ____
Exact Text of All Acts of Legislature Approved Up to Date and Attested By John Purifoy, Secretary of
State—These Laws in Their Complete Form Can Be Found Only in The Birmingham Age-Herald—Others
Will Be Published as They Are Supplied by the Authorities at the Capital.
^ No. 10) AN ACT (S. 65]
To further promote temperance and sup-!
press the evils of intemperance, and to
restrict the consumption of spirituous,
| vinous, malted^jfermented or other in
i' toxicating liqiJors in this state; to pre
l vent shipments into this state and de
livery herein for unlawful purposes of
•aid liquors from points or places with
out this state; also the delivery thereof
to fictitious consignees or the giving of
! orders fox such liquors to enable the
person other faun the consignee to ob
tain such liquors for himself or others;
to prevent the delivery of such liquors
to ethers than the consignees without
written erders or to minors; to require
| persons transporting and delivering
j •uch liquors to file certain statements
with the probate judge in regard there
j to, prescribing the duty of the pro
bate tjudge in reference thereto, requir
ing parties transporting and delivering
•uch liquors from without the state to
keep certain records in reference there
1 to, and prescribing the persons that
| may have access to them; prohibiting
| banks, bankers and others from han
I dling drafts, bills of exchange, or or
ders to pay money attached to which,
'•r accompanying which are bills of lad
ing erders or receipts for such liquors,
or other prohibited liquors and bever
ages, prescribing certain facts which
fhnjl constitute prinm facie evidence
that certain prohibited or defined liquors
arc received or kept or had in posses
sion for sale contrary to law or other
unlawful disposition thereof, restrict
| ing the quantity of liquors that may be
received or had or possessed at one
time or within the period of four con
j ■ecutlve weeks; prohibiting the division
or breaking upon tho premises of deliv
ering carriers or persons of packages
containing defined liquors and beverages;
making it unlawful to induce any
| transport1 ng agency, by concealment of
the nature of the shipment to carry
i prohibited liquors and beverages from
one x>oint in the state to another point
therein; regulating procedure and fixing
j punishment and penalties.
; Be It enacted by the legislature of Ala
fl bama:
H3VV.UUU J. I i lit L 1L Blia.ll UB 11111A n 111] 1UI
any railroad company, express company,
or othei common carrier, or any officer,
agent or employe of any of them, or any
other petsor. to ship or to transport into,
or to deliver In this state In any man
ner, tr by any means whatsoever, any
spirituous, vinous, malted, fermented or
other Intoxicating liquors of any kind from
any other state, territory or district of the
United States, or place non-contlgious to,
but subject to the Jurisdiction of the
United Btates, or from any foreign coun
try, to any person, firm or corporation
within the territory of this state, when
the said spirituous, vinous, malted, fer
mented or other intoxleifting liquors, or
any of them, are intended by any person
Interested therein to ho received, pos
sessed, sold or In any manner used, either
In the original package, Or otherwise, in
violation ot uny law of tills state now In
force, or in violation of any law that may
be hereafter enacted In this state, or
take effect therein.
Sec. 2. That it shall 156 unlawful for
any railroad company, express company
or any ether common carrier, or any of
ficer, agent or employe of any of them,
or any other person, to deliver any liquors
of the kind mentioned in section 1 of tills
act when brought Into the state from any
of the points or places mentioned In sec
tion 1 of this act. to any person whomso
ever, where said liquor has been consigned
to a fictitious person, firm or corporation,
or to a person, firm or corporation under
a fictitious name.
Sec. 3. That ft shall be unlawful for
any prison, firm or corporation to whom
any such liquor mentioned In section 1
of this act has been consigned from any
of the points or places mentioned in sec
tion 1 of this act, whether consigned
to the party by the right name,
or by a fictitious name, to give to
any other person an order for such liquor
to any rai road company, express com
pany. or othei common carrier, or any
officer, agent or employe of any of them,
or to any other person, where the pur
pose of such order is to enable such per
son to obtain or receive such liquors for
himself, or for any other person, firm or
corporation than the consignee.
Sec. 4. That It shall be unlawful for
any person, firm or corporation to ac
cept frdm any railroad company, express
company, or other common carrier, or
any officer, agent or employe of any of
1 hem, or from any other person any de
livery of the liquors mentioned in sec
tion 1 of this act, or any of them, when
transported Into this state, or delivered
in this state in any manner, or by any
means whatsoever from the points or
places mentioned In section 1 of this act,
where the said person, firm or corporation
so accepting such delivery Intends to re
ceive, possess or sell, or In any manner
use either In original package, or other
wise, the said liquors, or any of them. In
violation of any law of this state now in
force, or of this act or of any law that
may bo hereafter enacted in this state or
take effect therein.
See. 6. That It shall be unlawful for
any railroad company, express company,
or other common carrier, or any officer,
agent or employe, of any of them, or any
other person, to deliver any of the
liquors mentioned In section 1 of this act.
when brought Into the itate from any of
the points or places mentioned in section
1 of this act, to any person other than
the person to whom such liquors are con
signed, without a written order In each
Instance by said consignee therefor; or to
make such delivery of said liquors as
nroresald when consigned to a firm or
corporation, except to a member of said
firm, or an officer or agent of such cor
poration, or upon a written order In each
instance by the consignee therefor.
Sec. 6. That It shall be the duty of
every railroad company, express oom
pany, or other common carrier, and of
•very person, firm or corporation that
shall carry or transport any of the
liquors mentioned In section 1 of this act
Into this state from any of the points
or places mentioned In section 1 of this
act, and who shall deliver such liquors
or any of them to any person, firm or cor
poration In this state, to file with the pro
late judge of the county in which said
liquor Is delivered, a statement either
printed or plainly written, or typewritten
on stout paper, correctly stating the date
en which the liquor was delivered, the
name and postoffice address of the con
signee and consignor, the place of deliv
ery, and to whom delivered, and the kind
and amount of such liquor delivered, such
statement to be filed within three days
after the date of delivery of such liquor.
If said statement le In writing. It ahall
be In a fair and legible hand, and the
names of the consignee and consignor
and of the party obtaining delivery shall
be truly ascertained and furnished in
such way as to avoid mistakes In names;
but this section shall apply upon Its en
actment into law to all deliveries of li
quors mentioned in section 1 at plaeea
and localities and within any territory In
this state, where and within which It
shall than be unlawful to sell, aeep for
tala er otherwise dispose of said liquors,
' ' . ' . ; i: K.,.. 1
and it shall become applicable to all de- |
liveries of such liquors at other places
and localities and within other territory
when and as soon as it becomes unlaw
ful to sell, keep for sale, or otherwise
dispose of such liquors at such places or
localities or within such territory, it any
person, firm or corporation within the
terms of this section shall neglect or re
fuse to file with the probate Judge of the
county as herein required, such state
ment or statements, then it shall be the
duty of the probate judge to make writ- j
ten demand upon such person, firm or cor
poration to comply with the requirements
of this section, such demand to be served
by the sheriff and return made by him
to the probate judge upon a copy of t*ie
original demand; and upon further re
fusal or non-compliance. It shall be the
duty of the probate judge to promptly
inform the attorney general of the state
of such failure or refusal, and it shall
then be the duty of the attorney general,
either himself to file, or to direct and se
cure some solicitor or prosecuting attor
ney, whose duty it is to prosecute crime
in the county, to file a suit in the name
of the state on the relation of the oftlcer
filing same, in an appropriate court to
secure a mandamus to compel the com
pliance 'with this section, or file a bill in
equity for a mandatory injunction re
straining the further non-compliance with
this section on the part of the delinquent
person, firm or corporation. Provided that
the provisions of this section shall not re
quire the filing of statements mentioned.
In the probate judge’s office, as to deliv
eries of liquors mentioned in section 1 of
this act. in quantitites not exceeding
those mentioned respectively in sections
[ 12 and 13 of tills act, respectively.
Sec. 7. It shall be the duty of the pro
bale judge to immediately file the state
ment required by the preceding section as
a part of the files of liIs office, and (1)
to permit any sheriff, deputy sheriff, con
stable, chief of police or other police of
ficer of a town or city, prosecuting at
torney, or solicitor whose duty it is to
piesecute crime in the county in which
delivery is made, and any other peace
officer of the county or officer charged
with the duty of prosecuting violations of
as they may desire at any time the office
of the said probate Judge may be open,
and espee'ally to permit inspection there
of by any officer, or other duly author
ized person seeking information for tlie
prosecution of persons charged with or
suspected of crime, and especially of the
crime of selling, giving away, bartering,
keeping for sale or otherwise disposing
of liquors or any of them mentioned in
section 1 of this act, or other liquors and
beverages prohibited by tile laws of the
state to he sold, given away, kept for
spe or otherwise disposed of in such
county, or in the state; and (2) to permit
any and all other persons so desiring
to inspect the said statements, to do so
at any time the office of the probate
judge may be open. It shall bo the fur
ther duty of the probate judge to give a
certified copy of such statements to any
of said officers without charge or to
other persons requesting or demanding
the same upon the payment of lawful
fees therefor, and the safd original state
ments or certified copies thereof, shall
be competent evidence upon the trial of
any cause whatever in any of the courts
of this state in which same may be rele
vant or material to the issue or issues in
volved.
See. s. it shall be the duty of every rail
road company, express company or other
common carrier, and of every person, firm
or corporation that shall carry or trans
port any of the liquors mentioned in sec
tion 1 of this act into the state from any
of the points or places mentioned in sec
tion 1 of this act, for the purpose of de
livery, and who shall deliver such liquors,
or any of them, to any person, firm or
corporation m this state, to currently
keep in a fait and legible hand, or type
written or otherwise, so that same may
be easily read, a record of such liquors,
and of the delivery thereof, which shall
set forth the date on which such liquors
were received and delivered, the name and
the postoffice address of the consignor
and consignee, the place of delivery, and
the person to wm.t.i deTvered, and the
kind and amount of such liquor delivered.
Sec. 9. That the record hereinabove re
quired fb be kept by common carriers or
persons, firms or corporations making de
livery of said liquors, or any of them,
In this state from any point or place men
tioned in section 1 of this act, shall also
be open to the Inspection (1) of the of
ficers mentioned In section 7, and (2) of
tlie duly authorized person seeking In
formation for the prosecution of persons
charged with or suspected of crime, and
when application is made by any of the
said officers or persons for permission to
examine and take copies of such record,
they shall be allowed to do so during the
office or business hours of the persons
or corporations keeping said record, and
in such i r a son able manner as not to in
terfere witli the business of the corpora
tion, or person keeping said i :cord. The
sa'd record may be secured to be pro
duced in court by any lawful process is
sued by any court of the state, or exist
ing under the authority of the state, to
be used as evidence, and said record shall
be competent evidence, upon the trial of
any causes whatsoever in any of the
said courts, in which tlie record 'may be
material or lelevant to the issues in
volved
Sec. 10. That It shall be unlawful for
any railroad company, express company,
or other common carrier, or any person,
agent, employe thereof, ok any other per
son to deliver to any minor in this state
any of the liquors mentioned In section 1
of this act, that may be brought into this
state from any point or places mentioned
in section 1 of this act.
Sec. 11. That, it shall be unlawful for
any bank incorporated under the laws of
this state, or national bank or private
banker, or any individual, firm or asso
ciation, to present, collect or in any way
handle any draft, bill of exchange or or
der to pay money, to which draft, bill of
exchange, order to pay money is attached
a bill of lading, or order, or receipt for
any spirituous, vinous, malted, fermented
or other intoxicating liquors of any kind,
or any liquor, liquids, or beverages pro
hibited by the laws of this state to be
manufactured or sold, or otherwise dis
posed of in this state, or which draft Is
enclosed with, connected with, or in any
related to, directly or Indirectly, any bill
of lading, or receipt for the said liquors In
this section above mentioned, or any of
them, any person, firm, corporation,
or bank or banker violating the provi
sions of this act shall be guilty of a mis
demeanor; but thla section shall apply
upon its enactment into law to all acts of
the kind prohibited by this section oc
curring at any place or localities and
within any territory of this state where
and within which it shall then be un
lawful to sell, keep for Sale, or other
wise dispose at said Uquor, and it shall
become applicable to all such prohibited
acts at other places and localities and
within other territory in this state, when
and as soon as it shall become unlawful to
sell, keep for sals, or otherwise dispose
of such liquors at sueh places or locali
ties or within sock territory.
Sec. 12. That it shall be unlawful for <
any person, firm or corporation (1) to re
ceive or accept for delivery of, or to pos
sess or to have in possession at any one
time whether in one or more places, and
whether in original packages or other
wise, more than one-half gallon of spir
ituous liquors, or more than two gallons
of vinous liquors, or more than five gal
lons of malted liquors, when in kegs, or
more than 60 pints when In bottles, or
more than one gallon of any other Intoxi
cating or fermented liquors beyond those
thus enumerated; or (2) to receive, accept
delivery of, possess, or have in possession
more than one gallon of spirituous liquors,
or four gallons of vinous liquors, or more
than ten gallons of malted liquors, in
cluding beer and ale, when in kegs, or
120 pints in bottles, or more than
two gallons of any other fermented
or intoxicating liquors beyond those
thus enumerated, within any four con
secutive weeks whether In one or more
places, but this section shall not apply
to the possession of wine or cordial made
from grapes or other fruit grown and
raised by the person making the same for
his own domestic use, when such person
keeps such wine or cordial for his own
domestic use on his owrt premises; out
this section shall apply upon Its enact
ment into law to such receipt, or accep
tance of deliveries, or possession of such
liquors respectively, occurring at any
place or locality or within any territory
in this state, where and within which it
shall then be unlawful to sell, keep for
sale, or otherwise dispose of said liquors,
and it shall become applicable in respect
to such receipt or acceptance of deliveries
or possession of such liquors occurring at
other places or localities and within otuer
territory in this state when and as soon
as It shall become unlawful to sell, «.eep
for sale or otherwise dispose of such
liquors at such places or localities or
within such territory; this section shall
not affect or modify any existing law or
any law enacted at this session of th**
legislature in so far as it regulates the
sale or keeping for sale of alcohol or
wine for a defined purpose, by wholesale
| or retail druggists.
net;. to. jmu ..I
tacts shall constitute prima fade evi
donee that the liquors mentioned In tho
subdivisions of this section, respective
ly, are kept or had In possession for
sale, contrary to law, or for other un
lawful disposition thereof, to-wlt: (1)
The possession of more than one-half
gallon of spirltuoiiB liquors at any one
time, whether In one or more places, or
(2) the possesion of more than two gal
lons of vinous liquors at any one time,
whether in one of ntoro places; (3) tho
possession of more than five gallons of
malted liquors, when in kegs, or more
than 60 pints In bottles, at any otic
time, whether in one or more places;
(4) the delivery to a person, firm or
corporation, or any officer, agent or
servant or any of them, of more than
one gallon of spirituous liquors, or more
than four gallons of vinous liquors, or
of more than 10 gallons of malted or
fermented liquors, Including beer anil
ale, when In kegs, or more than
120 points in bottles, within
any four consecutive weeks, wheth
er In one or more places; (5) the
possession of more than two gallons of
any Intoxicating liquors other than
those enumerated In the preceding sub
divisions of this section, whether In one
or more places; but this section shall
not apply to the possession of wine or
cordials made from grapes or other
fruit grown and raised by the person
making the same for his own domestic
use, when such person keeps said wino
or cordial for his own domestic use on
Ills own premises, nor to alcohol or
wine authorized by law to be sold by
druggists for defined purposes. This
section shall not repeal or modify any
other statute of the state declaring what
shall constitute the presumption of or
prima facie evidence of guilt, of the
violation of any law of the state for
the promotion of temperance or for the
suppression of the evils of Intemper
ance, and this section is In addition to
and supplemental to other statutes de
claring such presumption or declaring
such prima facie evidence of guilt. Hut
thiB section shall apply upon its en
actment Into law to all possessions and
deliveries of liquors as herein above
stated w-hen occurring at any place or
localities and within any territory of
this state, where and within which it
shall then be unlawful to sell, keep for
sale, or otherwise dispose of said
liquors, and it shall become applicable
to such possessions and deliveries at
other placos and localities, and within
other territory in this state, when and
as soon as It shall become unlawful to
sell, keep for sale, or otherwise dispose
of such liquors at such place, or local
ities or within such territory.
Sec. 14. That It shall be unlawful for
any person to break open or divide upon
the premises of the delivering carrier or
person, any original package or pack
ages in which liquors mentioned in sec
tion 1 of this act are shipped from any of
the points or places mentioned in sec
tion 1 of this act Into this state, or for
ahy express agent, freight agent, or
other employe of any express company,
radroad company or any other transpor
tation company, or for any person or cor
poration engaged in the business of trans
portal.on or transporting any of said
liquors as aforesaid Into this state, to al
low any original package or packages
in which such liquors are shipped to be
broken open or divided in any manner
upon the premises of such company or
carrier, or person making the delivery,
under the supervision of such agent, ser
vant or employe or otherwise.
Sec. 15. That It shall be unlawful for
any person, firm or corporation to cause
or Induce any railroad company, express
company cr other carrier, or any ser
vant, agent or employe thereof, or any
other rerson to carry, transport or ship
fiom any ene point or place in this state
to another point or place in this state for
delivery to himself or any Other person
In this state, any package, trunk or va
lise containing any liquors mentioned In
section 1 of thle act, or any other liquors,
liquids or leverages prohibited by the
laws of this state to be sold, or otherwise
iisposed of In this state, by tailing to
notify the carrier. Its servant or agent, or
by failing to notify any other person who
carries the same of the true nature and
character of the shipment; and this sec
tion applies to a shipment made from a
point in r. state to another joint in the
state to which it Is unlawful to trans
port such liquors or to which It may
h" oaf lor become unlawful to transport
Slum liquors
Soe. If. That this act shall not repeal
any law of the state directed against
Intrastate shipments of the liquors men
tioned in section 1 of Xhls act. or of other
prohibited liquors and beverages, but tble
a"t Is supplemental to the laws -of the
state In reference Ur Intrastate ship
ments.
Sec. 17. That when a greater quantity
than ore quart of the liquors mentioned
Ip section 1 of Oils act or of other pro
hibited liquors and beverages is received
cr bad in possiarioa ja this state, la plat
..Af.?ibq:1 ,^Al% ■ . '/qii
ir half* pint buttles. or receptacles,
v hot tier from within or without the state,
his snail constitute prima facie evidence
hat such liquors are received for an un
awful purpose and that they are had
u possession for sale, or for ether im
awful cHsposh'on; and it is further en
acted that a greater quant*, y than one
luart of such liquors shall not bo received,.
y possessed ai one time in p'ut or half
aint bottles or receptacles and a viola
tion or this section shall he a misde
meanor. but tills section shall not apply
;o bcei or ale. But this section shall ap
ply upon its enactment into law to all
receipts or possessions of said liquors
pccurring at any place or localities or
within any territory of this state where
snd within which it shall then be unlaw
ful to soil, keep for sale or otherwise dis
pose of such liquors, and it shall be
i’ome applicable to such possessions and
deliveries at other places and localities,
u» I within other territory in this state
when and as soon as it shall become un
la wfr.I to sell, keep for sale, or other
wise dispose of such liquors at such place
pr localities, or within such territory.
Se18. That if for any reason any sec
tion. provision, clause or any part of th?s
id .‘hall bo held to bo unconstitutional
3r invalid, then that fact shall not af
[dot 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, ami the remaining portion of the
act shall bo enforced without regard to
the section, provision, clause or part so
held to be invalid. This act shall he 11b
prallv construed so Tfs to accomplish the
purpose thereof, which fs to further sup
press the evils of intemperance, and to
restrict the consumption of intoxicating
liquors in this state, and to ftecuer obedi
ence to and enforcement of the laws of
this state for promotion of temperance
and suppiess all traffic in fntoxicating
liquors and beverages and other prohib
it *d liquors and beverages.
Sec. IS. That this act shall be con
ctrued in harmony with all statutes of
the United States relating to the trans
portation of the liquors mentioned in sec
tion 1 of this act into this state from
points or places outside of the state men
tioned 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 tlie Btate of
Alabama, or any person engaged in trans
portation in the state, or making deliv
eries in this state of the liquors men
tioned in section 1 of tilts act or of other
prohibited liquors and beverages, is re
quired to permit an examination of all
Ids books, records, papers, bills of lad
ing, and accounts pertaining to the ship
ment of such liquors, by any officer in
this state whose duty it is to prosecute
crime, or ferret out criminals, when such
information is sought for the prosecu
tion of persons charged with or suspected
of crime.
Sec. 21. That no person shall be ex
cused from testifying beforo the grand
Jury, or on the trial in any prosecution
for any violation of this act, but no dis
closure or discovery made by such per
son is to be used against aim in any
penal or criminal prosecution for and on
account of the matters disclosed.
Sec. 22. That, in all prosecutions under
this act for unlawful shipments of the
liquors mentioned in section 1 of this uct
into this state, the offense shall be hold
to have been committed In any county of
the state through which or into which
said liquors have been carried or trans
ported, or In which they have been un
loaded, or to which they have been con
veyed for delivery.
Sec. 23. That any railroad company,
express company, or other carrier, or any
person or corporation violating any of
the provisions of tills act, or failing to
comply with any requirements thereof,
shall be guilty of u misdemeanor, pun
ishable by a 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 udded im
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 a violation of any
provision of this act, the offense shall in
addition to a fine within the limitations
ibove named, be punishable by imprison
ment in the county Jail, or at hard labor
for the county for not lesB than three nor
more than six months, to be Imposed by
the court or judge trying the case; and
It shall bo the duty of the solicitor or
prosecuting attorney in all eases of In
llctment 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, it shall ne so,
itated in the indictment and returned and
t shall introduce proper evidence before
the trial court showing that it is a sub
sequent offense and shall not be permit
ted to use his discretion in charging said
second offense or in Introducing evidence
ind proving the same on the trial.
Sec. 24. That this act shall take effect
from and after Its final passage and en
ictment into law, the public welfare re
tiring it.
Passed by the house and senate Jan
uary 27, 1915.
Sfficlal:
JOHN PURIFOY, '
Secretary of State.
No. 35) AN ACT (H. 103
ro appropriate the sum of $50,000, or
ao much thereof as may be necessary
for the purpose of paying certifi
cates of Indebtedness Issued by
the governor of Alabama to certain
banks and Individuals for purchasing
and holding state warrants during four
years, to-wlt: 1911, 1912, 191$ and 1914,
and for the payment of Interest on tem
porary loan of $100,000 heretofore nego
tiated by the governor of Afkbama.
Whereas, during the past four years,
to-wlt: 1911, 1912, 1913 and 1914, It became
necessary In order to meet the ordinary
gxpenscs of government for the governor
it Alabama to make arrangements with
ndlvlduara and bonks whereby such ln
llvlduals and banks agreed when there
was not sufficient money In the treasury
it the scute of Alabama to meet all out
itandlng warrants of the state to pur
chase at par such warrants and hold the
lame unili there should be sufficient funds
n the state treasury to pay such war
rants.
And whereas. In order to make such ar
rangement It was necessary for the gov
jrnor Of Alabama to agree to pay such
udlvidualu or bunks a reasonable com
pensation or Interest on the money used
lor the purchase of these warrants.
And whereas, in a negotiation of such
transactions the governor Issued to In
llviduals and banks certificates of In
tel) tadness for such Interest or compensa
tion
And whereas, the faith and credit of the
itate of Alabama la pledged by such cer
tlhcates of Indebtedness; therefore.
Be it enacted by the legislature of Ala
bama.
■action 1. That the sum of $50,000 or ao
'v .. f -
much thereof as may be necessary Is
hereby appropriated out of any fund in
the slate treasury not otherwise appro
priated, for the purpose of paying certi
ficates of indebtedness heretofore Issued
by tna governor of Alabama within the
past four years, which certificates were
given by the governor of Alabama for
the purpose of arranging for the purchase
anil holding of state warrants by Indi
viduals and banks when there was not
sufficient money in the treasury of the
s'.ate of Alabama to pay such warrants
on presentation.
Sec. 2. That out of the $50,000 herein ap
propriated, the governor is hereby author
ized to pay interest on temporary loans
not to exceed $100,000 heretofore made
by him under the provisions of section
j 534 of the code of Alabama.
[ Sec. 3. That the state auditor is directed
and authorized to draw *his warrant on
| tho treasurer of the stale of Alabama
for au amount up to and including $50,000,
on the order of the governor of Alabama,
for tho purpose of paying the cortiticates
of indebtedness heretofore Issued by the
governor of Alabama in making arrange
ments lor the purchasing and holding of
warrants of the state of Vlabama, and
for the payment of interest on temporary
loans not in excels Of $100,000 heretofore
negotiated by (Tie goveindl* CT Alabama.
Approved February 9, 1915.
Official:
JOHN PURIFOY,
Secretary of State.
No. 42) AN ACT ill. 143
To authorize the court of couniy commis
sioners, board of revenue, or other gov
erning body of any county in this stato
which has outstanding a bonded inilebt
ness of any kind to settle, adjust and
refund the same, and for that purpose
to iBSue tho bonds of said county.
Section 1. Bo it enacted by the legisla
ture of Alabama: That the court of
county commissioners, board of revenue
or other governing body, of any county in
this state, which may haYc outstanding a
bonded Indebtedness of any kind, may
settle, adjust and refund the same upon
the best terms obtainable, and in order to
carry Into effect the settlement, adjust
ment and refunding of such bonded in
debtedness, the said court of county com
missioners, board of revenue or other
governing body, of any county in this
state may issue the bonds of such county
for such amount as may be necessary to
settle, adjust and refgud said outstand
ing bonded Indebtedness.
Sec. 2. All bonds issued under tho au
thority of this act may run for such
length of time not exceeding 30 years and
may bear such rate of interest not exceed
ing 5 per cent per annum payable semi
annually, and may be payable at such
places as the commissioners’ court, board
of revenue, or other governing body of
such county may designate; provided,
however, that said bonds shall not be is
sued for an amount exceeding the debt
which it Ib proposed to settle, adjust and
refund, and provided, further, that said
bonds shall not be sold at less than par.
Sec. 3. All bonds issued under the au
thority of this act shall have all the se
curity and protection to which the origi
nal bonds were entitled, and where the
levy of a special tax was or Is author
ized to be made to provide for the pay
ment of the principal and Interest of such
outstanding bonded Indeotedness, the said
compiissioners’ court, board of revenue or
other governing body is authorized to levy
a like tax, for the payment of the prin
cipal and interest of bonds Wi.ich may be
issued under the authority of this act,
for the purpose of refunding the said out
standing bonds.
Sec. 4. All bonds issued under the au
thority of this act shall bo signed by the
president or chairman of the board of
revenue, commissioners' court or other
governing body, and shall be counter
signed by the treasurer of said county,
and shall have Impressed tnoreon the seal
of said county; and where no special seal
has been provided by the county, the seal
of the probate court of said county may
be adopted and used as the county seal.
Approved February 11, 1915.
Attest:
JOHN PURIFOY,
Secretary of State.
No. 40) AN ACT <H. 14
To repeal chapter 25 of the code of Ala
bama. sections 827 to 837, inclusive.
Section 1. Be it enacted by the legisla
ture of Alabama, that chapter 25 of the
code of Alabama, sections 827 to 837, in
clusive, be, and it is hereby repealed.
Sec. 2. That all the records and papers
now pertaining and belonging to the of
fice of the immigration comrgjssioner
shall be deposited with the commissioner
oi! agriculture and Industries, who may
certify to copies thereof upon payment
of proper fees therefor.
Sec. 3. The commissioner of agriculture
and industries shall from time to time
cause the publication of circulars of In
formation and handbooks on the re
sources of the state, and shall have
charge of all work looking to the promo-'
tion of immigration in English and such
foreign languages as the state board of
horticulture may designate, in regard to
localities, climate, resources and advan
tages which the state of Alabama has
to offer to every good class of immigra
tion, and more specifically to the induce
ment of capital and desirable immigra
tion by the dissemination of information,
relative to the advantages of soli and
xiimate and to the natural resources and
Industrial opportunities offered in this
state.
Hec. 4. The commissioner of agriculture
and Industries shall also collect from the
farmers and land., owners of the state
and list the information as to the land,
stating number of acres, location, the
terms upon which they may be bougnt, 1
leaded or shared to desirable settlers. ,
Sec. 5. The commissioner of agriculture j
and industries shall keep a land registry,
and in connection therewith, from time
to time, publication shall be made de
scriptive of such listed agricultural, min
eral, forest and trucking lands and fac
tory sites as may be offered to the do- i
partment for sale or share, which publi
cation shall be in attractive form, setting
fc*th the county, township, number of
acres and the names and addresses of
owners and such other information as
may be helpful in placing homeseekers
in communication wi|h land owners. All
expenses Incurred in this paragraph and
the preceding paragraph shall be paid
by the persons whose land or property
is so advertised. The commissioner of
agriculture and industries shall collect
in the form of a handbook of the state
to be Issued when 'practicable, informa
tion showing the natural and industrial
resources and advantages of the state
of Alabama, dealing with soil, climate
and raw and manufactured products,
agricultural and horticultural products,
textile fabrics, manufacturing Industries, j
mines and mining, 'native woods and i
means of transportation, cost of living,
the market, and all the material and so
cial advantages for those seeking homes
and Investments In agricultural or manu
facturing Industries.
Sec. 6. In order to facilitate the collec
tion and collation exact information about |
the resources of the et*te of Alabama, on
! all lines, the heads of the several de
partments of the state and county gov
ernments and of the state institutions,
I shall furnish as fur as practicable such
information as may ho at their command
I to the commissioner of agriculture and
industries, when vailed upon for the
same.
Sec. 7. The commissioner of agriculture
and industries may make such arrange
ments with any corporation, association
or individual, as may desire to co-operata
in any way with the hoard, as may best
serve the interest, of successful immi
gration into the state of Alabama, and
may send an agent to any part of the
United States or foreign countries for the
purpose of inducing immigration to Ala
bama. and make such arrangements with
railroads and oceanic steamers as may
be necessary to carry out the provisions
of this chapter, provided such corpora
tions, firms, associations or individuals
so co-operating with the board shall pay
the expenses in carrying out the provi
sions as herein set forth in this section.
The commissioner of agriculture and in
dustries shall use lawful means to pre
vent. the induction into this state of im
migrants of an undesirable class, and to
this end shall investigate the conditions
of the applicants for admission through
the department, so as to discourage the
coining in of an anarchistic tendency and
paupers, persons suffering from conta
gious or communicative diseases, crip
ples without, means and unable to perform
mental or physical service, and idiots,
lunatics, persons of bad character, or any
persons who are likely to become a charge
upon the charity of the state and all such
that will not make good and law abiding
citizens.
.Sec. 8. Immigrants shall he sought from
desirable white citizens of the United
States first, and then citizens of Eng
lish speaking and Germanic countries
and France, and the Scandinavian coun
tries and Belgium, as prospective citizens
of this state and conformable with the
laws of the United States. The com
missioner of agriculture and Industries
shall make and submit to the governor
on or before the 10th day of January of
each year a report covering the depart
ment's work of the preceding year, and
such report shall be printed and treated
In the same manner as other public doc
uments. or an shall otherwise be ordered.
Approved February It, 1015.
Attest:
JOHN PURIFOY,
Secretary of State.
N. 43 > AN ACT (II. 4UJ
Providing for th© establishment of
election districts, for dividing or sub
dividing election precincts into *ueh
districts, for designating how many
voters shall bo contained In such
election districts, providing where
voters shall vote and making It un
lawful for them to voto elsewhere
providing for the numbers and boun
daries of such election districts and
the designating of places therein for
voting, and the giving of notice as to
the establishment of such districts
and such voting places.
Be it enacted by the logliilature of
Alabama:
Section 1. The counties in this state
as now divided into th«' election pre
cincts, and the boundaries of such pre
| cincts as now defined, shall so re
main until changed by order of the
court of county commlsslon< rM or
board of revenue, or other governing
body of the county, provided that
whenever such election precincts as
now existing contain more than 500
legal voters, said election precincts
shall, as hereinafter provided, be di
vided or subdivided into election dis
tricts.
Sec. 2. No election district within this
state shall contain more than 300 legal
voters.
Sec. 3. The court of county com
missioners or board of revenue, or oth
er governing board of the county, at
the first regular meeting of said court
or board held after the passage of this
act, shall In their respective counties
examine the registration and official
list of voters as the sstne is on file
In the office of the Judge of probate
of said county, ami If it shall appear
from such examination and from oth
er available sources of information that
there is in any election precinct us
bow constituted more than 300 legal
voters, they shall immediately divide
said precinct into election districts so
that no one district therein shall con
tain over 300 legal voters. Whenever
thereafter at any general or primary
election in any election precinct or
districts over 300 votes shall have been
cast, the court of county commission
ers, or board of revenue, or other gov
erning board of said county. shall
again readjust the boundary lines of
said election precincts or election dis
tricts and shall have the power to di
vide or consolidate any number of pre
cincts or districts and resubdivlde the
same In order that not more than 300
voters shall be contained in any on©
election district!
Sec. 4. Whenever any election pre
cinct has been, as herein provided for,
divided or subdivided into election dis
tricts, the court of county commission
ers, or board of revenue, or other gov
erning board of said county, making
such division or subdivision shall im
mediately cause a description of the
boundaries of said election districts to
be filed in th© office of the judge of
probate and shall post a copy thereof
at the courthouse door of such county.
Sec. 5. He it further enacted that
nuch election districts shall be named
and designated by said courts of coun
ty commissioners, or bourds of revenue,
or other governing boards, by numbers,
for example, as election district No. 1
of precinct No. 2.
Sec. 6. Be it further enacted that
the courts of county commissior.Hrs, or
boards of rev«’liue, or other governing
boards of said counties, shall designate
the places of holding elections in the
election districts established hereun
der, provided there shall be in no elec
tion district more than one voting
place, and said court of county com
missioners, or board of revenue, or
ether governing body of said county,
shall file with the judge of probate
of said county, along with th© boun
daries of said districts, the names of
places designated for voting, and shall
also post such names at the court
house door of such county.
Sec. 7. Be It further enacted that it
shall be the duty of the Judge oX pro
bate within five days after the courts
of county commissioners, or boards of
revenue, or other governing boards of
said county^ file with him the? boun
daries of such election districts and
the names of the voting places there
in, to give notice of the same by pub
lishing the same in some newspaper
of general circulation published In said
county and having the same posted by
the sheriff at the courthouse door and
at two public places in said election
district of such precinot. Suoh notice
must describe such election distrit
by its number and must sped
iit-vf S&* ■ .. .
fy the place therein where elections
are to be held.
Sec. S. Bt it further enacted that
where election precincts have been dt
vided or subdivided into districts nere
tuuier it shall bo unlawful for any
voter in any elections held hercuftcr to
Note nt any place other than the elec
tion district in which said voter is,
such time, registered as a qualified
elector.
Sec. 9. Be it further enacted, that
nothing herein contained shall bo con
struod un calling or providing for the
election of Justices of the peace or con
stables in said election districts, or
the appointment of notaries public
ex officio Justices of the peace but said
Justices of the peace and constables
shall only bo elected or appointed am
uonv provided for election precincts ay
they are now or may hereafter be es
tablished.
Sec. 10. Be it further enacted that
all lawN and parts of laws In conflict
herewith be and the same are hereby
i repealed.
Approved February 11. 1915.
Attest;
JOHN PURIFOY,
Secretary of State.
No. 31) \N ACT <8. loti
I To provide for the creation of a commis
sion for the removal of adult illiteracy
in Alabama, to be known as "The Ala
bama Illiteracy Commission,” und to
provide for the duties and powers
thereof.
lie it enacted by the legislature, of Ala
bama :
! Section 1. That there is hereby created
a commission to be known as "The Ala
bama Illiteracy Commission,” which shall
be composed of live persons, both men and
women, including the state superintendent
of education, who shu'l be ex-officio a
member thereof. The commissioners
shall bo appointed by the governor and
shall be selected for their tltneas, ability
and experience In matters of education,
and their acquaintance with the condi
tions of illiteracy In the state of Alabama
and its various communities.
Sec. That the members of the com
mission shall be and are hereby consti
tuted a body corporate Nvith all the pow
ers necessary to carry Into effect all the
purposes of this act. The commissioners
after their appointment and qualification M
shall organise by electing from their
I membership a president and a secretary
treasurer. The secretary-treasurer shall
execute a bond to the state of Alnbaina &
in a reputable bonding company and In
such an amount as the commission may
approve, for t lie* faithful performance of
the duties of his office, fqj* the proper
handling and accounting of all properties
and moneys which may come into Ills
bands by virtue of his office; provided,
that the secretary-treasurer may be re- ,|
moved by the commission and a succes
sor appointed by the commission in its
discretion. v
Sec. 8. That it shall be the duty of Vto
commission and It shall have the pow&r
to make research, collect data, and pro
cure the services of any and all com
munities of the state looking to the ob
taining of a more detailed and definite
knowledge as to the true conditions of
the state In regard to Its adult illiteracy,
and report regularly the results of its la
bors to the governor, and to perform any
other act which in Its discretion will con
j tribute to the elimination of the state's
'adult Illiteracy by means of tlio education
and enlightenment of illiterate persons In
the state of Alabama; and the commis
sion shull expend any funds or use any
thing of Value which it may receive in ac
cordance with such l.gulations as it may
from time to time adopt; provided, how
ever, that any or all funds which may
come into the hands of the commission
shall be expended in keeping with the
general purposes of this act.
8ee. 4. That the commission shall
adopt such rules and regulations as may
seem expedient for carrying on Its cosi
ness in a manner which shall ueem to it
most satisfactory.
See. 5. That the members of this com
mission shull receive no compensation for
their services nor expenses of any kind
out of the state treasury, out they shull
i be reimbursed out of any funds which
may come into the hands of the comniia
I slon from other sources for the use of
'the commission for thole actual traveling
and other necessary expenses incurred in
the performance of their duties. .
Approved February 9, 1915.
Attest:
JOHN PURIFOY,
Secretary of State.
No. 9.) AN ACT. <S. *B.
To further promote temperance and sup
press the evils of intemperance; to
prevent the advertisement of or solici
tation of orders for alcoholic, spiritu
ous. vinous or malt liquors, such as
brandy, whisky, wine, run. gin. beer
and other intoxicating liquors and
beverages, and other liquids, liquors
and beverages prohibited by the laws
of Alabama to be manufactured, sold
or otherwise disposed of in this state;
to provide for the removal of such ad
vertisements In defined rases, and to
provide for the prevention of the con
tinuation and repetition of the arts
hereby made unlawful; and to pre
scribe remedies, procedure, penalties ;
and punishment. $
He it enacted by tlio legislature of Ala
bama:
Section 1. Whereas, It Is the public
policy of this state to discourage the
use and consumption of prohibited
liquors and beverages, and to seuure
the strict enforcement of the law
against the manufacture, sale, keeping
for sale, or other disposition thereof
within this state; that is to say, alco
holic, spirituous, vinous or malt liquors,
such as brandy, whisky, wine, rum, gin
and beer, and other intoxicating liquors
and beverages, and all the other liquors,
liquids and beverages prohibited by the
laws of Alabama to be manufactured,
sold or otherwise disposed of In the
state. Therefore It Is hereby made un
lawful. (1) to advertise upon any street
car, railroad car or other vehicle of
transportation, or ut any ifubllo place
or resort, or upon any sign or bill
board, or by any circulars, posters, price
lists, newspapers, periodicals or other
wise within this state, suld liquors and
beverages, or any of them, or to adver
tise the manufacture, sale, keeping for
sale or furnishing of any of them, or
the person from whom or the firm or
corporation from which, or the place
where, or the price at which, or the
method by which the same or any of
them may be obtained; (2) to circulate
or publish any newspaper, periodical or
other written or printed matter In
which any advertisement In this section ''
specified shall appear, or to permit any
sign, or billboard ooatalnlng such ad
vertisement to remain upon ob*>
premises; or to circulate any prioO 1
lists, order blanks or other matter for
tbs purpose of Inducing or securing or
ders for such liquors, liquids and bev
erages. or any of them, no matter wbees
located. Aay sheriff, constable or poUoa
.3
V, ■ nJ&L. . 4 .. y Ni\