The Birmingham age-herald. [volume], March 18, 1915, Page 3, Image 13

About The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950

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occurred, or to bo occurring, and arrest
all persons therein, and if such person ex
ecuting the warrant is refused admittance,
f he shall force an entrance into the house
I or other place and if necessary break in
the door or other part thereof and arrest
All persons found therein and carry them
Aefore the officer before whom the war
rant is returnable, and thereupon such
proceeding shall be had as if the warrant
j contained the name of each person so ar
rested, and a complaint may be framed
! and filed against the person so arrested,
| charging them all as principals with the
offense within the preceding section, and
all persons present at such house and
place loitering therein, or drinking there,
shall, with the keeper, be deemed guilty
of the misdemeanor declared in the pre
ceding section, and are punishable as
therein declared.
j Sec. 11. That any person who is sum
| moned as a witness before the grand
! Jury to answer as to any violation of law
for the suppression of intemperance, or
prohibiting the manufacture, sale or other
j disposition of prohibited liquors or bever
ages, or the keeping or maintaining any
unlawful drinking place, or liquor nui
sance and who fails or refuses to attend
and testify in obedience to such sum
mons, without good cause, to be deter
mined by the court, is guilty of contempt
and also of a misdemeanor and on con
viction of such a misdemeanor must be
; lined not less than $20 nor more than $3u0
1 and may also be imprisoned In the county
jail, or sentenced to hard labor for the
county for not more than three months,
at the discretion of the court or Judge try-1
ing the case.
I Sec. 12. The witnesses before the grand
jury to give evidence may be required to
enawer generally as to any offense against
the laws of Alabama for the promotion
of temperance and the suppression of in
temperance committed within their
knowledge during the 12 months next pre
ceding, or as to any violation within the
j| said time of any law of the state prohlb
j iting the manufacture, sale or other dispo
sition of any of said prohibited liquors or
i beverages, or the maintaining of any un
i lawful drinking place or liquor nuisance,
end It shall not be necessary to first spe
cially interrogate the witness as to any
particular offense, but a witness must not
be prosecuted for any offense as to which
he testifies before the grand jury; and
!j the solicitor or any member of the grand j
j jury may be a witness to prove that fact.,
Sec. 13. The judges of all courts impan
eling grand juries shall give in special
charge to said grand jury the liquor
laws of the state, and those enacted for
' the purpose of promoting temperance and
suppressing the evils cf intemperance,
and he shall instruct them to investigate;
and return indictments agaicst all persons
guilty of violating said laws or any pro- j
i vision of them.
sec. 34. me grand juries snail nave no
discretion as to the finding of indictments
for violations of the provisions of this
act, or for violations of the provisions of
| any law of the state for the promotion
of temperance and the suppression of in
temperance, and it shall be their duty, if j
the evidence justifies it, to find and pre-i
*sent indictments for every, such violation.
Sec. 1C. That no clerk, servant, agent
or employe of any person accused of a
violation of the laws to promote tem
j perance and to suppress Intemperance, or
prohibiting the sale, manufacture or
| other disposition of liquors, or bever
ages, shall be excused from testifying
j & gainst his principal for the reason that
lie may thereby incriminate himself, nor
\ shall any principal be excused for the
' same reason from testifying against any
j clerk, servant, agent or employe in such
! case; but no testimony so given by any
of said parties shall in any manner in
! tiny prosecution be used as evidence di
rectly or indirectly against nlm, nor shall
the party testifying be thereafter prose
cuted for any offense so disclosed by him.
Section 16. That it shall be unlawful for
any person, firm or corporation engaged
In the business of selling beverages to
keep or store on the premises Where said
beverage business Is conducted any pro
;• liibited liquors or beverages, the sale, of
• faring for sale, or other disposition of
which is prohibited by the law of Ala
bama, and any person so violating this
» section shall be guilty of a misdemeanor;
find this section is enacted to prevent
evasions of the law and to remove oppor
tunity of evading the law by selling pro- ;
J liibited beverages under cover of the legit- j
Imate beverage business.
Sec. 17. That any person who within
j the state solicits or receives any order
I for spirituous, vinous or malt liquors, or
i any other liquors or beverages prohibited
< by the law of the state to be sold, or of
j fered for sale, or otherwise disposed of
In this state, in any quantity to be shipped
Into the state, or to be shipped from one
point in this state to another point in
i this state, shall be guilty of* a misde-1
j mean or, and if such order be in writing
parol evidence thereof is admissible with
. out producing, or accounting for the ab
| sence of the original; and the taking or
I soliciting such orders is within the inhi
j. bttion of this section, although the or
j ders are subject to approval by some
other person and no part of the price is
1 paid, nor any part of the goods deliv
ered when tlie orders are taken.
Sec. IS. That the sheriffs of the various
! counties shall at least once every month,
between the first and tenth days of the
i month, procure from the office of the
I’nited Slates internal revenue collector
for the state the name of each person,
lirm or corporation to whom a I’nited
States internal revenue license, or tax
stamp, has been issued as a wholesale or
1 retail liquor dealer, or a wholesale dealer
or retail dealer In malt liquors, or a brew
er or rectifier cf spirits, and the name of
each person, firm or corporation that
has complied with the laws of the United
States to become or carry on the business
of a distiller in his county and such sheriff
shall Immediately thereafter cause to be
published for two successive weeks in
; some newspaper in his county in such
I black typ* as will call special attention
( thereto the names of said parties, to
gether with the location of their places
* of business, giving street number when
obtainable Foi such services the sheriffs
shall each receive the sum of $25 per an
I iium, and the expense and costs of pub
jji lisblng the same to be paid out of the
general funds of his county. Any sheriff
. who shall fail, neglect or refuse to comply
j with the provisions of this section shall
bo guilty of a misdemeanor and shall
be punished upon a conviction by a fine
of not less than $60 nor more than $500,
and may ir. the discretion of judge or
court trytng the case be sentenced to
bard labor for the county for not ex
ceeding six months.
Bee. 19. That the following are
hereby declared to be common nuis
ances and may be designated aa liquor
nuisailces: (1), any rooms or struc
tures used for the unlawful nianufac
ture, sale, furnishing, distilling, rec
tifying, brewing or keeping of liquors
cr beverages that aro prohibited by
the laws of Alabama to be manufac
tured, sold or otherwise disposed of
In this state; (2), all houses, shops
or places where such prohibited
liquors and beverages, or any of them,
are sold, bartered, exchanged or oth
erwise disposed of to be drunk on or
near the premises, or wltere such pro
hibited liquors, liquids or beverages
ere kept for the purpose of sale or oth
er disposition thereof In violation of
law; (3), all places of resort where
persons are permitted to resort for the
purpose of drinking such liquors or
beverages on or about the premises;
(4), any unlawful drinking place that
Is kept or maintained in violation of
the law of the state; (5), all restau
rants, hotels, and public eating places
Where the prohibited liquors and bev •
•rages, or any of them, are sold or
served for beverage purposes; (Cj, all
places where business Is carried on by
a wholesale or retail dealer In liquors,
or by a wholesale or retail dealer In
malt liquors or by a * brewer or dis
tiller or rectifier of spirits in viola
tion of the law of the state; <7j, all
warehouses or storage places where
the prohibited liquors and beverages,
or any of them, are kept or stored or
received on consignment, or for dis
tribution or delivery, contrary to the
laws of the state. The bill to be filed
to abate such nuisances may be filed
against such person, firm or corpora
tion who maintains or aids in main
taining such nuisances, including
agents, servants and employes, as well
as officers of corporations.
Bee. 20. That the nuisances named
tn Um proceeding section may be
abated bf a proceeding In equity In
a court of competent jurisdiction and
the state attorney general, or the cir
cuit or other solicitor, or deputy so
licitor, or any prosecution*? officer
within a county where his official du
ties require him to prosecute criminal
cases on behalf of the state, or any
citizen, or citizens, of the county
wherein such nuisance exists, or is
maintained, may upon their relation
file a bill in the name of the state
of Alabama in the chancery court, or
other court possessing equity jurisdic
tion, in the county where the nuisance
exists, to abate and perpetually enjoin
the same. The bill or petition shall
state the facts upon which the appli
cation is based and shall he vetitied
by the affidavit of the officer or cit
izen filing the suit either upon knowl
edge or information and belief, as the
circumstances may warrant, and in
case the bill is filed by any one of
the officers named and he be unwil
ling to make the affidavit, the verifi
cation may be made by any citizen or
citizens, in the same manner and terms
as if the bill* had been filed by him or
them. No bond shall be required as a
condition precedent to the issuance of
a preliminary injunction when the
suit is brought by the attorney gen
eral of the state or solicitor, deputy
solicitor or any other prosecution*; offi
cial.When a bill making a prima facie case
and properly verified is presented to the
chancellor or judge of the court wherein
the bill is filed, or is to be filed, or other
judge authorized by the law of the state
to grant a fiat for a preliminary Injunc
tion. such chancellor or judge may order
an appropriate preliminary injunction to
Issue in accordance with the prayer of
the bill, and the chancellor or judge may
direct the terms of the preliminary in
junction so as to carry out the purposes
of this section, which is to secure re
straint and abatement of such liquor
nuisances on the premises. The owner
of and all persons interested in the build
tog1 V premises where the nuisance ex
ists. or any agent renting the same, as
well as the keeper thereof, may be joined
w'lth the keeper as parties defendant
to the proceedings, and all such owners,
keepers, parties interested or agents who
may be found to have knowingly assented
to the keeping or maintaining of such
nuisance on the premises at any time
within six months prior to the commence
ment of the suit, and their servants,
lessees and tenants shall be perpetually
enjoined from maintaining and keeping,
or suffering to be kept and maintaining
such nuisance, or any liquor nuisance,
upon the said premises. The court shall
have full power and authority to main
tain its jurisdiction, and by all suitable
orders and writs to enforce Its decrees
in respect to the subject matter of the
suit, and to so shape and mold Its de
crees, as to accomplish the purpose of
the bill, and all the rules of evidence,
practice and procedure, except as other
wise herein provided, that pertain to
couits of equity generally, or that exist
by virtue of any law of this state may
be invoked and applied in any such in
junction proceeding instituted hereunder.
Upon the final hearing of the case
instituted to abate a liquor nuis
ance if it shall appear that the bill has
be.en sustained by the evidence, or lias
been taken or confessed, the court shall
order an abatement of the nuisance, which
order shall direct the destruction of all
such prohibited liquors and beverages,
as are found upon the premises, together
with all signs, screens, bars, bottles,
glasses, and other movable property use!
in keeping and maintaining said nuisance
and the destruction of all such liquors
and beverages, and such movable prop
erty as may have been seized under au
thority of the court pending the hearing
of the cause. If the bill shall pray for a
writ of seizure authorizing the sheriff to
seize all prohibited liquors and beverages
on the premises together with all signs,
screens, bars, bottles, glasses, and other
movable property used in keeping and
maintaining said nuisance, the officer, or
citizen, or citizens, filing the bill may at
the time they apply for a preliminary in
junction make application to the judge
who grants the fiat, or to the Judge or
chancellor of the court in which the bill
?s, or to be, filed, or they may at any
time pending the hearing make such ap
plication, to said ludge or chancellor, for
such writ of seizure, and said writ may
be ordered to issue when probable cause
is shown, supported by oath or affirma
tion, for the issuance of said writ, and
that the officer, or person making the
application or filing the bill has probable
cause to believe, and does believe, that
said prohibited liquors and beverages are
manufactured, sold, furnished, given
away, kept or offered for sale in violation
of law on or about said premises, and the
said officer or citizen, making the ap
plication may support the same by the
production of affidavits in writing sworn
to and subscribed by the persons mak
ing them, and the judge may order said
writ ol seizure when he is satisfied from
the affidavit of the officer or citizen, or
of others, one or both, that facts have
been produced affording probable cause
for believing the grounds of the applica
tion to exist. Such writ shall name or
describe the person or other party whose
premises are to be searched, and shall
describe as near ns may be the liquors or
beverages that are to be seized, and the
place where said liquors and beverages
are to be seized as hereinafter described
for other search warrants. Whenever it
shall be finally decided in the cause that
the liquors seized as aforesaid are for
feited, and that they were kept or stored
for an illegal purpose the decree shall
orrie- the officer having said liquors in
custody to forthwith destroy the same,
together with the vessels containing the
same, and other movable property used in
keeping and maintaining the nuis
ance, and immediately thereafter
to make return of said order
to the court whence it issued with his
doings indorsed thereon, but if It shall
be finally be decided that any liquors or
beverages* so seized are not liable to for
feiture the court shall order the officer
having the same in custody to restore
said liquors, with the vessels containing
the same, to the place where it w as seized
as near as may be and to the person
entitled to receive It. which order the
officer shall obey and mafle return to
the court of his acts thereunder.
Sec. 20%. There shall be allowed the
officer making the seizure under such
writ In an injunction case the sum of
$3 and the sum of 10 cents for every mile
traveled In making the seizure, together
with such reasonable sum as the court
may deem just for necessary expenses
Incurred in transporting and providing
storage for liquors and beverages and
other movable property seized; all which
costs shall be taxed in the bill of costs,
and if not collected from a defendant '
then shall be taxed and paid as in crim
inal prosecutions In which the state falls;
and the costs of such injunction case,
unless charged against some party, de
fendant by the court and collected from
him, shall be paid as in criminal cases
in which the state fails, upon the oourt
making an order to that effect.
Sec. 21. Prohibited liquors and bev
erages kept, stored or deposited In any
place in this state for the purpose of
sale or unlawful disposition or unlawful
furnishing or distribution and the vessels
and receptacles in which such liquors are
contained are hereby declared to be con
traband and are forfeited to the state
when seized and may be condemned for
destruction as hereinafter provided, and
prohibited liquors and beverages may be
searched for, seized and ordered to be
destroyed as hereinafter set forth.
Sec. 21%. That in all CiUninal prose
cutions against any person for violating
a provision of this act or any other for
the suppression of the evils of intemper- 1
ance, the court or judge upon a conviction
may order the destruction of such pro
hibited liquors or beverages as had been
sold, offered for sale, or had or kept in
possession for sale or otherwise disposed
of by the defendant, or had been em
ployed by him for use or disposition at
any unlawful drinking place, or had been
left or used In conducting the business
of a liquor dealer or malt liquor dealer,
when such liquors or beverages have been
seized for use as evidence in the case,
and such oourt or Judge snail have the
like power upon conviction In case of
the seizure for use as evidence of such
prohibited liquors and beverages, in pros
ecution, any person for unlawfully stor
ing, accepting on constgnihent or deliv
ering or transporting or shipping such
prohibited liquors and beverages.
Bee. 22. That a search warrant for the
selsure of liquors and beverages that are
!
.v;Z>J&iif ':$k;r£;X ■ .
prohibited to be sold or otherwise dis
posenl of in this state, together with the
vessels or other receptacles in which they
are contained, may be issued as herein
after prescribed, and the proceedings to
secure the destruction of such . liquors,
beverages, vessels and receptacles upon
the grounds herein defined shall be as
follows: (1) The warrant may be issued
by justices of the peace, judges of the
county court, or Rqy inferior court pos
sessing the civil cf criminal jurisdiction
of justices of the peace, ey recorders or
other municipal judges of towns or cities
by whatever named called; and the word
magistrate hereinafter employed shall in
clude each of the officers authorized to
issue warrants: also by the judges named
in subdivision 14; (2) Said warrants may
be issued only on probable causes sup
ported by affidavit naming or describing
the person or other party whose prem
ises are to be searched, !f known, and
describing as near as may be the liquors
and beverages to be searched for and
the place to be searched but the liquors
or beverages may be described as pro
hibited liquors and beverages or spirit
uous, vinous or malt liquors, if more spe
cific description be not obtainable, and
the affidavit may show- that more spe
cific description is not obtainable. Tt*»
warrant may be executed by any of the
officers to whom it is directed, but by
no other person except In aid of the offi
cer. he being present and acting in its ex
ecution, but the complainant may accom
pany the officer who executes the warrant
and give information, and assist him in
executing the writ. A writ addressed to
a sheriff may be executed by a deputy
sheriff. (S) The magistrate before issuing
a warrant must examine the complainant
on oath and any other witnesses he may
produce (if he produces any), and take
their deposition in writing, and cause the
same to be subscribed by the person or
persons making them; and the same must
be set forth facts and circumstances, «»r
both, tending to establish the ground or
grounds of the application or probable
cfcuse for believing that a ground exists
authorizing search warrant to issue. (4>
If the magistrate is satisfied of the ex
istence of ground or grounds for the ap
plication. or one of them, or that there
is probable cause to believe the existence
of them, or one of them, he must issue a
search warrant signed by him directed
to the sheriff or to any constable of the
county, commanding him to fortwith
search the place named for the prohibited
liquors and beverages, and to bring them
before the magistrate; if the warrant ts
sought to search a place whose keeper
or owner is unknown, the affidavit may
so state and the warrant may issue ac
coidingly. The magistrate may direct
the warrant to the chief of police or any
police officer of a city when the place
to be searched is within a city or within
the police jurisdiction thereof. (5) The
warrant may be in substantially the form
prescribed by the code of Alabama for
other search warrants, and must, except
as herein otherwise specified, be executed
in the manner and with the authority of
the officer as prescribed by said code
in respect to other search warrants. (6>
The warrant may be issued on any one
of the following grounds: (a) When any
person, firm, association of persons or
coiporation, or unknown person or other
party, keeps a place where prohibited
liquors and beverages, or any of them,
n^e manufactured, sold, kept for sale
or otherwise disposed of contrary to law,
or when such liquors and beverages, or
any of them, are stored for sale, delivery
or distribution contrary to law, or for
other illegal purposes in any warehouse
or other place, (b) When such prohibited
liquors or beverages, or any of them, are
in the possession of any person, firm,
association or persons or corporation con
ducting on tlie premises an unlawful
drinking place or maintaining a liquor
nuisance thereon by means thereof. (c)
When any person, firm, association or
corporation is carrying on at the place
the business of a retail or wholesale dealer
in liquors (except bona fide druggists,
who sell and keep for sale alcohol only
under the regulations prescribed by law)
or the business of a retail or wholesale
dealer in malt liquors, and said liquors
are kept for sale by such dealer. (7)
When an officer takes prohibited liquors
and beverages under the warrant he must,
if required, give a receipt to the per
son from whom they were taken or in
whose possession they w-ere found, and
also a receipt for such receptacles or
vessels as may be taken under the war
rant, and the warrant must be executed
and returned to the magistrate by whom
it was issued within 10 days from date,
and after that time if it is not executed
it is void. The officer in his return of
the warrant to the magistrate must speci
fy with particularity the liquors and
beverages and other articles taken; and
the applicant for the warrant and the
person from whose possession the liquors ,
and urticles w-ere taken are entitled to
a copy of the warrant, signed by the
magistrate, which he must furnish them i
on their application therefor. The war- |
rant may be executed at any time be
tween 8 o’clock in the morning and 0
o'clock in the afternoon, or at any other
time that the place or premises are open;
but section 22 is not Intended to secure
the search of the premises of bona fido
druggists who sell, or keep for sale al
cohol only for medical, scientific or me
chanical purposes, or wine for sacramen
tal purposes as authorized by law, or of
bona fide physicians who sell and keep
for sale pure alcohol only for medical
purposes at the places that may be al
lowed and subject to the restrictions and
regulations prescribed by law. (8) When
liquors and vessels are seized by the of
ficer they shall be held by him subject
to the order of the magistrate
ur the court to which the proceeding
may be . carried by appeal; and upon
Inal judgment in accordance with the
procedure herein defined must be re
turned to the law-ful owner, or owners
ir be otherwise disposed of according
to lawr. Liquors seized and vessels con
‘aining them shall not be taken from
the custody of the officer by w-rlt of
replevin of detinue or other process
while the proceedings a*e pending; a
final judgment of condemnation in all
such cases Is a bar to all suits for the
recovery of any liquors or vessels
seized for the value of the same and for
lamages alleged to arise by reason of
the seizure and detention thereof. The
word vessel when used herein shall
ilso include receptacles, and the word
liquors shall also include other bev
erages that are seized. (9) Upofi the
return of the warrant to the magistrate
showing a seizure thereunder, the mag
istrate shall Issue a notice directed gen
erally to all persons claiming any right,
title or interest in such liquors, to
tppear before the ipagistrate issuing the
warrant at a time and place therein
specified not less than five nor more
than 15 days after the issuance of said
notice, and show cause why such liquors
ind vessels shall not be forfeited to
the state and destroyed. A copy of suen
notice shall be delivered to the person
nr other party who kept the liquor, or
had possesion of the liquors at the time
>f the seizure, and a copy shall also
ne delivered to the party named in
the affidavit for the warrant, if a dif
ferent party from the one who kept or
lad possession of the liquors at the time
nf the seizure, and the officer shall
?Iace another copy of such notice in a
conspicuous place upon said premises.
\t the time and place specified in the
notice any person claiming any right,
:itle or interest in the liquors and ves
sels seized under such wafTarfl may
nterpose a verified answer controvert
ng the allegations of the complaint
ipon which said warrant was issued
ind controverting the ground or
(rounds upon which the warrant was
ssued, and shall propound in such an
swer what right, title or interest he
claims in the liquors or vessels seized,
rhe issue thus framed shall be deemed
in action pending in the court of the
judge or justice who issued the war
rant between the state of Alabama
m the relation of the complain
int and the liquor and vessels
so seized and against the party
in possession ol the llqitor or against
the party who Interposes the claim and
nay be entitled in the name of the
state of Alabama against the said party
so appearing, if any, and if no one ap
pears, may be entitled as against said
liquors, adding for Identification the
name of the person or persons men
tioned in the affidavit for warrant. T.he
laid case shall be tried In court as other
If no party ap
poar to make a claim at the time
specified In the notice, or If no veri
fied answer controverting the allega
tions of the complaint ami tlie grounds
nl complaint is interposed, the judge or
justice shall proceed to hear the testi
mony in support thereof. If it be estab
lished upon the hearing before said
Judge or justice or upon the trial of
the action, if issue lie joined, that the
liquors so seized were kept, stored or
deposited for the purpose of unlawful
sale or other disposition or fumahing
or distribution within tills state, or
if it appears that the complainant has
established a ground for tlie issuance
of such search warrant, judgment of
forfeiture and destruction of said
liquors and vessels, shall be entered,
which judgment shall provide for the
public destruction of such liquors ami
vessels in which the same were con
tained by and under direction of the
dffieer who seized the same, or somo
other officer to be named by the court
or judge. If the testimony prodv% ed on
the hearing before the Judge or justice
or upon such trial before the judge or
court, shall fail to establish the com
plaint, or that a ground existed for th-'
Issue of tlie warrant, or that the liquors
and vessels were kept, stored or de
posited for the purpose of unlawful sale
or ojher disposition, or furnishing, dls
'trlbution or delivery within tills
state, judgment shall he entered
dismissing such complaint and pro
viding tliHt such liquors and tlie vessels
containing the same lie returned to the
place from which or to the person trom
whom they were taken. If different
parties appear and claim separate por
tions of tile liquor seized, separate an
swers may be filed and separate is
sues may be framed and the trial had
accordingly either before the magis
trate or in the higher court to which
the same may bo carried by appeal. If
judgment shall be against only one
party defendant appearing lie shall be
charged to pay all the costs of the
proceeding in the seizure and deten
tion of the liquors claimed by him and
the costs of the trial. But if judg
ment shall he rendered against more
than one party claiming distinct parts
of or the interest in said liquors and
vessels, then the cost of the proceed
ings and trial may be equitably appor
tioned among the defendants for the
amount of cost to bo adjudged against
them according to the discretion of
tlie magistrate or court. In the event
no one appears to contest the order or
forfeiture and condemnation, or if the
complaint is not sustained and no
judgment of forfeiture is obtained,
the coBts shall be taxed and paid as
costs are taxed and paid in criminal
prosecutions wherein tlie state fails,
end this rule shall apply as to any
aeparate claim when several parties
appear, claim and contest, and such
separate claim is sustained and there Is
failure to obtain judgment as to tl.c
part of the liquor so claimed. Ill the
event no one appears to contest the
order of forfeiture and condemnation
or if the complaint is not sustained and
no Judgment of forfeiture Is obtained,
the costs shall be taxed* and [laid as
eosls are taxed and paid In criminal
prosecutions wherein tlie state fafls
and tills rule shall apply as to any
separate claims when several parties
appear, claim and contest amt such
sepnrate claim is sustained and tnere
is failure to obtain judgment as to the
Part of the liquor so claimed. Any ap
peal from such magistrate must be
taken within five days from the date
of Judgment, and an appeal may bo
taken In behalf of the state to the
circuit or other court of like jurisdic
tion by tlie solicitor or other prose
cuting attorney by filing a prayei for
lin nnnaal with thn no~
(10.) Any person appearing ana
becoming party defendant as afore
said may appeal from the judgment of.
forfeiture and condemnation as to the
whole or any part of the liquors and
vessels claimed by him and adjudged
forfeited, to tho circuit court or city
court or other like court of civil or
criminal jurisdiction as in cases ap
pealed from a justice of the peace or
county court to such higher court, the
appeal to he granted upon parties giv
ing bond for the cost of appeal, and
that will be Incurred in such higher
court, and upon written demand being
made therefor Indorsed on the appeal
bond at the time said appeal Is taken,
the appellants may he entitled to a
jury for the trial of the cause in said
circuit or other like court. Ann said
trial court shall proceed with the casu
de novo and may cause suitable issues
to be framed for the determination of
the cause.
(11.) W henever it shall bn final
ly decided that the liquors and ves
sels setzed as aforesaid are forfeited
and ordered condemned, the magis
trate or court rendering final Judg
ment of forfeiture shall issue to the
officer having said liquors In custody,
a written order directing him forth
with to destroy said liquors and ves
sels, and immediately thereafter to
make return of said order to the court
whence issued with his doings indorsed
thereon. When it is finally decided
that the liquors so seized are not liable
‘o forfeiture, the magistrate or the
court rendering the decision shall is
sue a written order to the officer hav -
ing the same in custody to restore
the same with vessels to tho place
where seized as nearly as may Le or
to the persons who are entitled to re
ceive them.
(12) . The payment of a retail liquor
dealer's or retail malt liquor dealer's
special United States Internal revenue
tax for the place and covering the period
In which such liquors are seized, or the
maintenance or posting In any place
where such liquors are seized of a retail
liquor dealer's nr retail malt liquor deal
er's special United States Internal revenue
tax stamps, or a wholesale malt or liquor
dealer's tax stamps In force and etTect at
the time of such seizure, or the posting,
keeping or maintaining of a notice or sign
of any kind on or about the premises
where such liquors are seized Indicating
that prohibited liquors are there sold,
kept or given away, shall be prlma facie
evidence that the liquors so seized are
kept, stored and deposited for unlawful
sale or unlawful furnishing, disposition or
delivery and shall constitute probable
cause justifying the issuance of a search
warrant to search the premises for pro
hibited liquors or beverages, and shall
justify an Injunction upon u bill flleu In
equity to abate a liquor nuisance at the
place where the same is posted. The
keeping of prohibited liquors In any build
ing not used exclusively fur a dwelling
shall be prlma facie evidence that the
same are kept to be sold or otherwise
disposed of or delivered or furnished
contrary to law. except ns to bona fide
wholesale and retail druggists selling alco
hol as specified In section 22 of this act
and who shall have filed with the probate
judge of the county a declaration In ac
cordance with said section. No search
warrant shall be taken out or bill of In
junction filed against any wholesale or
retail druggist paying such tax as a re
tail or wholesale liquor dealer until after
the expiration of 30 days from the taking
effect of this act unless other evidence
be obtained showing probable cause other
than the payment of such special taf, or
the posting of such special stamps. But
nothing herein is Intended to prevent Rny
action to be taken against any druggist
at any time when there is evidence of a
violation by him of any law for the sup
pression of Intemperance or the promo
tion of temperance, or against the sale or
other disposition of prohibited liquors and
beverages.
(13) . No person excepting one who an
swers claiming some right, title or inter
est In the liquors so seized shall be ex
cused from attending and testifying or
producing any books, papers or other
documents before any court or judge or
justice upon any such hearing or trial
upon the ground or for the reason that
the test'mony or evidence, documentary
or otherwise required of him may tend
tq convict him of a crime or to subject
him to a penalty or forfeiture; but no per
son shall be prosecuted or subjected to
any penalty or forfeiture for or on ac
count of any tranaactlon, matter or thing
concerning which he may so testify or
produce evidence, documentary or other
wise, and no testimony so given or pro
duced shall be received against him upon
any criminal investigation, trial or pro
ceeding.
(14) . A search Warrant subject to the
■
... ' -- _ . -..: . .. . ;.i. . . i.
rules and restrictions hereinabove de- i
dated may be likewise issued by any |
judge of n city, circuit, criminal or other
like court of record possessing criminal
jurisdiction, returnable before the court In
term time, and on the return of the war
rant the same proceedings may be had
before the judge sitting as a court as are
prescribed hereinabove for the trial be
fore magistrates issuing said warrants.
Any defendant to the warrant in such
court of record may have a Jury trial
upon demanding the same at the time he
flies his verified answer and claim.
(15) . Where an officer seizes liquors and
vessels tinder a search warrant he shall
appear on the day fixed for W»e heating
and prosecute the case on behalf of the
state, and if there be In the county at
that time a solicitor or bis deputy, ov
other prosecuting attorney, he may noti
fy such officer of the hearing and such
officer shall appear and prosecute said
case on behalf of the state in connection
with the officer making the seizure and
in connection with the complainant sueing
out the search warrant, if the latter
wishes to appear therein.
(16) . There shall be allowed the offi
cer making the seizure under a search
warrant the sum of $3 and also the sum
of $2 additional for e^ery day that such
officer shall necessarily be employed in
attending court for the purpose of caus
ing liquors seized to b* condemned, and
the sum of--10 cents per mile for each
mile he shall travel in executing the writ,
together with such reasonable sum as the
court may deem just, ten necessary ex
penses incurred in transporting and pro
viding storage for liquors and vessels
seized: all such costs shall be taxed in
the bill of costs, and if not collected from
the defendant or defendants, shall be
taxed and paid as in criminal prosecu
tions in which the state fails, upon the
court or Judge or justice making an order
to that effect.
(17) . That whenever In any search war
rant proceeding for forfeiture, aiul de
struction of liquors and vessels, it shall |
appear to the Judge or court that there
has been any Irregularity in the service'
of any process or notice, or any omission j
to post or serve notices required or any,
defect in the affidavit or notice or in the
service or return of either, the judge or
court may permit the same to he amend
ed, and may direct such further service
or process or of notice as will in the'
judgment of the judge or court be most!
effectual in securing notice of the pro
ceeding to those who may be entitled
thereto, ami so that the proceeding may
not fall for any Irregularity or techni
cality. %
(18) . A search warrant may be sued
out and prosecuted in accordance with
the rules and regulations hereinbefore
prescribed in case there is probable cause
to believe and it is made to appear to the
magistrate or judge issuing the warrant
that there is probable cause to believe
that, prohibited liquors and beverages, or
some of them, are kept, or deposited in
or on a steamboat or water craft, of any
kind, or In a depot, railway, car or land
carriage or vehicle of any kind, for un
lawful sale, furnishing, distributing or
other unlawful disposition. The place
where such search Is to be made should
be described ns near as may be in the
affidavit and warrant for purpose of iden-'
tlfleation.
plaint, warrant or Indictment, or in any |
other judicial proceeding in which any
person, Arm or association or corpora
tion Is charged with having sold, or of
fered for sale, spirituous or malt liquors,
or prohibited liquors and beverages,
whether the sole charge or not, or with
becoming a wholesale or retail dealer in
liquors, or with being a wholesale or re
tail dealer In malt liquors, or with car
rying on the business of such wholesale
or retail dealers In liquors or ma«t liquors,
or with maintaining a liquor nuisance,
it shull be competent to prove that the
party charged lias for the place and
period of time Involved paid a wholesale
or retail dealer’s, or wholesale or retail
malt liquors dealer’s special United States
internal revenue tax, according as tho
charge may be; and it shall also be com
petent to prove that the party charged
had posted at the place aial time Involved
a liquors dealer’s, or a malt liquor deal
er’s special United States internal revenue
tax stamp on or about the premises, and
parol testimony may be received of the
payment of any such special United
Slates Internal revenue tax and of the
existence of the special United States
internal revenue tax stamp-posted or
kept on or near the premises, at the
place, or on or about the premises in
volved, and of the existence of any othc
fact made evidence by this section, and
the fact of the payment of such whole
sale or retail dealer’s or wholesale or
retail malt liquor dealer’s special United
Stales internal revenue tax for the place
and covering the period involved shall
be deemed to be and constitute prima
facie evidence that the party paying the
same, or to whom it was issued, had sold,
or offered for sale, the liquors for which,
or for the privilege of selling which, said
special tax had been paid, and said spe
cial tax stamp obtained, and that at the
placr and during the time for which said
tax was paid, and at,-the place at which
said stamp tax was potsed said party
had carried on the business of a whole
sale or retail liquor dealer or of a whole
sale or retail malt liquor dealer, accord
ing to the terms of the special tax stamp;
and the possession of said special tax
stamp on or about the premises shall be
prima facie evidence to the same ef
fect. In any prosecution of any person,
firm or corporation, or In any judicial
proceeding against such person, firm or
corporation for carrying on the business
>f a brewer or distiller or rectifier of
spirits, the fact may be shown In evidence
t>y parol or other competent manner that
the party charged has taken out a license
rrom the United States ns a brewer or
[listSlier or rectifier of spirits, or has paid
a. special internal revenue tax as such
brewer, distiller or rectifier of spirits, or
lias complied with the laws of the United
States entitling such party, so far as
concerns said laws, to be a brewer or
rectifier or distiller of spirits for tho
place or the period involved in the charge
nr in the case and shall be deemed prima
facie evidence of the guilt of such party,
!icc< rding as the charge may be; and
when the payment of such tax, or the
posting of such stamp tax is made to ap
pear to the satisfaction of the judge or
chancellor In any proceeding to enjoin
:>r abate a liquor nuisance, the same shall
be sufficient to justify the chancellor or
lodge In awarding a preliminary injunc
tion restraining the maintenance of such
liquor nuisance. The same evidenco with
like effect as that hereinabove referred to
s admissible against any servant, agent,
clerk, or employe of any principal who
has paid the tax or posted the tax stamp,
>r qualified to do business as a distiller,
jrewer or rectifier under the laws of the
United States when such servant, agent,
clerk or employe was Engaged in con
tacting, or in aiding In the conduct of
die business of the principal at the time
ind place Involved and for which tho
tax was paid, or for which the principal
jualified to do business as such distil
ler, brewer or rectifier. But the rule of
evidence herein declared by which the
payment of the special tax or the posting
>?. a tax stamp is made prima facie evi
dence shall not apply to bona fine whole
sale druggists selling alcohol only un
Ier the regulations of the law of the state
ind who have paid u special tax or taken
iut a special tax stamp from some In
tel nai revenue collector as a wholesale
dealer in liquors, nor shall It apply ’ to
iny retail druggist who is himself a reg
stered or licensed pharmacist, or who
regularly employs a registered or licensed
pharmacist, or to a bona fide
physician who sells and keeps
tor sale alcohol for medicinal purposes
inly, as authorized by law, and who sella
ilcohol only under the regulation pre
scribed by the law of the state and who
has paid a special tax or haa taken
>ut a special tax stamp as a retail
liquor dealer under the laws from
such Internal revenue collector Pro
vided, however, that the said druggist
within 30 days after the passage of
this act, or within 15 days after pay
ing such tax or taking such tax stamp,
shall file a declaration under oath
with the probate judge of the county
In whleh their business Is located and
tiave same recorded to the effect that
they paid said tax and obtained said
ilamp as such liquor dealer for the
sole purpose of selling alcohol as au
thorised under the law of the state,
ind that they will not under said tax
itamp or otherwise sell* offer for sale
or keep for sale upon the premises
where their business is conducted, any
prohibited liquors or beverages except
such alcohol as they are permitted h>
the laws of Alabama to sell; and pro
vided further that bona fide physi
cians vfho may pay such tax in order
to obtain the right to sell alcohcl as
authorized by the law* of Alabama,
shall within 13 days after paying such
tax and obtaining a tax stamp, file
with the probate judge of the county
a declaration in the terms hereinabove
provided for use by druggists.
Sec. 23. It shall be unlawful for any
person, firm, association or corpora
tion to receive for storage, distribu
tion or on consignment for another
prohibited liquors anti beverages
any of them, or to have or maintain
any warehouse or other place for the
receiving, storing or distribution of
liquors for another, and any person
violating this section shall be guilty
of a misdemeanor.
Sec. 21. It shall he unlawful for
any person, firm, corporation or as
sociation, whether a common carrier
or not, to accept from another for
shipment, transportation or dell’-erv,
or to ship, transport or deliver for
another said prohibited liquors or hex -
erages or any of them, when received
at one point, place or locality in this
state, to be shipped or transported to
or delivered to another person, firm
or corporation al another point, plac
er locality in this state, or to con
vey or transport over or along any
public street or highway any of such
prohibited liquors for another, nn-1 any
person violating any provision of this
section shall bo guilty of a misde
meanor, but the provisions of this
section shall not apply to those trans
potting and delivering to drug cists
and physicians such alcohol as they
are permitted by tiie laws of the state
to sell or dispose of In accordance with
the statutory regulations upon that
subject.
Sec. 25. No transfer company, traf
fic company, transportation company,
warehouse company or other like cor
poration chartered under or by the
laws of Alabama shall have any right
or power to engage in or carry on tin
business of delivering. transporting,
storing or warehousing any prohibited
liquors and beverages, and any corpor
ation of (his state offending against
tills provision or engaging In such
business shall forfeit its charter, which,
however, may lie declared upon a suit
in quo warranto before a court of
competent jurisdiction if any person or
officer wishes to institute the suit.
Sec. 26. That when any certificate
of incorporation or declaration or oth
er like instrument Is filed with any
probate judge in this state prelimin
ary to the organization of or forma
tion of any business corporation un
der the lawb of the stale of Alabama
of the kind named In the preceding
section or of any mercantile or bev
erage company, the said Instrument
shall contain a paragraph to the effect
that the corporation to be organised
shall have no right, power or author
ity to manufacture, sell, keep for sale
or otherwise dispose of or store, ware
house, deliver, or transport any prohib
ited liquors or beverages, or to be ill
any wise concerned in the traffic
therein, unless it be a declaration to
organize a bona fide drug company
which must state that it has no right,
power or authority to sell or keep for
sale or offer for sale any prohibited
liquor or beverage except alcohol Id
the quantity and subject to the restric
tions prescribed by the state law. and
the said declaration shall also contain
a statement to the effect that if such
corporation shall do or perform any
act which it has specified above It
cannot do or engage In. it will for
feit Its charter which may tie declared
in a suit brought against tin' cor
ation in a court of competent jurisdic
tion in quo warranto If any person
or officer wishes to bring such suit;
It being tlic intent and purpose of this
statute by tills section to provide
against creating corporations undui
the law's of tlio state of Alabama that
may intend to violate her laws for
the suppression ef intemperance or
that will engage In or be concerned
In any way whatever in the traffic
in prohibited liquors and beverages,
or in transporting, deliverieng or stor
ing the same. No probate judge : hall
receive any declaration, certificate of
Incorporation or other like Instrument
for the organization of any such cor
poration which does not contain the
declaration hereinabove described.
Sec. 27. Any person who shall publicly
drink spirituous, vinous or mult liquors
or other prohibited liquors and beverages
In the presence of passengers on a railway
passenger car, or street car, or at any
passenger waiting room or waiting place
ot any ■ carrier of passengers, shall lie
guilty of a misdemeanor; but tills shall
not apply to any closet or smoking com
partment and conductors and superin
t'uidents of waiting rooms ami waiting
places must exercise the powers of a po
lice otficer for the enforcement of this
section.
Sec. 28. When a sheriff obtains from the
internal revenue collector a list of per
sons who have paid United States special
tax as a wholesale or retail liquor dealer
or malt liquor dealer or as a brewer, or
have qualified under the laws of the
United States to be a rectifier or distiller
of spirits In Ills county, lie shall promptly
furnish the solicitor, his deputy or other
prosecuting officer or attorney 'who pros
ecutes criminal cases in the county on be
half of the state, with said list or a copy,
and it shall thereupon be the duty of such
solicitor or other prosecuting attorney
so notified to take active steps to secure
the conviction ot such persons ’and the
prevention of a continued violation of the
law of the state by such jierson or party,
and he shall proceed by injunction, search
warrant or criminal prosecution, one or
ail. according as his Judgment dictates
shnll bo most effective In securing the
enforcement of the law against such
party or parties, if lie is willing and ublc
to make the affidavit required by law. and
if lie Is not he shall proceed 7>y such in
Junction or search warrant ami criminal
prosecution, if any reputable citizen of
fers to make or will make the affidavit
necessary to secure the warrant, Heareh
warrant or preliminary injunction, in
which cases he sTiall superintend the prep
aration of the papers and the prosecution
of the cause; and any solicitor or other
prosecuting attorney or sheriff who falls
to comply with the requirements of tills
section shall forfeit the Sum of |3c0 to
the state for eucTi dereliction; but the said
officers need not unless they have other
evidence to justify it proceed against
any bena tide druggist or any regular
practicing physician or practicing pliysl
c.Bii who pays such special tax for the
purpose of selling aledhol according to
the statutory icitfilatlons upon that sub
ject mu] who lias complied with the pro
visions of this act in respect to filing a
declaration in the office of the probate
Judge of the county as to the purpose
for which said tax was paid.
Sec. 29. That any solicitor or other pros
ecuting attorney In the county whose
duty it is to prosecute criminal cases on
behalf cf the state shall not be prohib
ited from commencing prosecution on Ills
own affidavit against any party violat
ing any provision of fills statute or any
other law of the state of Alabama for
the suppression of evils of intemperance,
and it shall be the duty of every such
solicitor upon receiving Information giv
ing him probable cause to believe that
there has been a viola Ron of any statute
upon the subject named, to proceed to lay
th.; matter before the grand Jury or to In
stitute a criminal prosecution against Bald
party by affidavit before a court or Judge
of competent Jurisdiction if he Is will
ing aad able to muke such affidavit for
the Institution of a criminal prosecution,
or If he is not he must superintend the
preparation of the papers and the insti
tution of the prosecution if any citizen is
willing to make an affidavit for the Insti
tution of a criminal broeecution against
ary party for such violation, provided the
solicitor is of opinion upon the facts at
hand that there is reasonable ground to
believe that the offense has been com
mitted. And sheriffs are charged with the
duty of being on the alert for violations
of any said statutes and of co-operating
with the eoUctor and prosecuting attor
neys In bringing violators to Justice.
Sec. 29V4. That In an Indictment, com
plaint or affidavit for sailing, offering
for sale, keeping for eale or otherwise
disposing of spirituous, vinous or nlalt
liquors. It Is sufficient to charge that
....
the defendant sold, offered for sale,
kept for sale or otherwise disposed of
spirituous, vinous or malt liquors con
trary to law: and In an Indictment, com
plaint or affidavit for selling, offering
for sale, keeping for sale or otherwise
disposing of prohibited liquors and bev
erages. it is sufficient to charge that’
the defendant sold, offered for sale,
kept for sale, or otherwise disposed of
prohibited liquors and beverages, and
on the trial under a charge in either
form any act of selling in violation of
law embraced in the charge may h i
proved, and the charge in each of said
forms shall be held to include any
device or substitute for any of sail
liquors. If any indictment, complaint,
information, or affidavit, charging that
prohibited liquors and beverages have
been manufactured, sold, offered for
sale, kept for sale or otherwise dis
posed of. It shall not be necessary to
set out the kind or quantity of the
prohibited liquors and beverages, nor
the person to whom such sale or offer
to sell or other disposition was road',
and in any prosecution for a second or
subsequent offense it shall not be re
quisite to set forth in the Indictment,
information, complaint or affidavit, tho
record of a former conviction, but it
shall be sufficient briefly to allege such
conviction, and the person purchasing
or to whom prohibited liquors and bev
erages or any of them have been sold
or otherwise disposed of shall in all
case* be a competent witness to prove
the unlawful act, and no parson who
testifies with respect to any unlawful
act under this statute or oilier statute
lor the suppression of the evils of in
temperance shall be prosecuted in re
spect to any act to which he testifies,
nor shall his evidence so given be used
against him in any criminal proceeding.
Sec. 30. Indictments, informations, Igi]
complaints or affidavits for any viola
tion of this statute, or any provision
thereof, or of any other statute of tbe
state for the suppression of the evil* , *
of intemperance, may set out several
charges in separate counts, and the ac
cused many be convicted and punished <
upon each one as upon separate Infor
mations. indictments, complaints or af- !
fldavits and Judgment shall be rendered I
on each count under which there is a
finding of guilty.
Sec. 31. Tho term prohibited liquors I
nnd beverages, employed in this act, !
shall include all liquors, liquids, ami
beverages now or hereafter prohibited
by the law of the state to be manufac
tured, sold or otherwise disposed of.
or any device or substitute for any of
them, and shall also be so understood
in any warrant, process, affidavit, com
plaint, Indictment, judgment, decree or
pleading In any judicial proceeding; and
the term "otherwise disposed of" fol
lowing the words, sell, offer for sale o*'
keep for sale, and the term "otherwise
disposed of" following the words sold,
offered for sale, kept for sale, when em
ployed in any warrant, process, affi
davit, Indictment, information or com
plaint. or in any bill in equity or other
Pleading in any Judicial proceeding or
in any judgment or decree shall in
clude and be deemed to include barter,
exchange, giving away, fur fishing c*
any manner of disposition by which
said liquors and beverages may pass
unlawfully from one person to another:
umi the term person or the term party
when employed alone in this act shall
include a firm, corporation or associa
tion of persons.
”«c- .11 ■». mat tn all affidavit*. In
formations, complaints or Indictment*
against any party or parties for main
taining an unlawful drinking place as
defined by the law of this state, It shall
he sufficient to charge that the defend
ant maintained an unlawful drinking
place contrary to law or to the statutes
In such cases made and provided, and
under such Indictment II shall he com
petent to prove any act of the defend
ant which under the law of the state
constitutes the keeping of an unlaw
ful drinking place.
Sec. 3i. That all prosecutions for a vio
lation of any provision of this act, or of
any other act, now or hereafter enacted,
for the suppression of the evils of intem
perance, or of an act to promote temper
ance and to suppress the evils of Ititetn
1 nance, and to prohibit the manufac
ture, sale, offering for sale, keeping or
1 avlng for sale, or otherw ise disposing - -fa
of prohibited liquors and beverages anu- *
keeping unlawful drinking places may be
begun by affidavit hh well as by Indict
ment and that when begun by affluavlt '(9
the person charged shall not have the
right to demand that a grand Jury shall jJ
prefer Indictment for the alleged o(Tctlse,
but the prosecution may continue no mat
ter In what court or before what Judge
the trial shall be had upon the affidavit
upon which It was originally begun, and
the said affidavit or any complaint that
may be Hied In such prosecution may be
amended to meet the end of Justice and
to prevent a dismissal of the case tipot,
any Informality, Irregularity or techni
cality. If the prosecution Is begun hi a *
court in which jury trials are provided
for, the defendant may at the time he
gives bond nr within five days thereafter
lllo In the cause a demand for trial by
Jury, or ir he does not give bond he may
within live days after his arrest Hie lit
the court a demand for a jury trial, In
which event such jury trial shall be al
lowed. If the prosecution Is begun before
a court or Judge us to which or whom no
I provision Is made for a Jury trial, lllo
court or Judge of It or lip has Jurisdic
tion to try the case anti to itnd a party
charged guilty or not guilty, shall pro
ceed with the trial, end If the party
charged Is convicted, lie may appeal to
the circuit court or other court of rec
ord of like Jurisdiction In the county, nav
Ing Jurisdiction In cases of appeal from
the county court or front a Judgment of
a justice of the peace, In such form and
In such manner and subject to such re
strictions as govern appeals under i .
code of Alabama from such justices of the
peace or county court, and the party may
demand and he entitled to a jurv trial In
sir It higher court under the same terms
and conditions that Jury trials arc ob
tainable In cases of appeals from such
justices of the peace or county court to
said circuit court or other court of like
Jurisdiction; hut this section shall not
alter the practice In respect to any pre
liminary proceeding, authorized by Ihw
before a justice of the peace. Nor Ib it
Intended hereby to take away from the
g'rcult court of any county any exclusive J
jurisdiction it may have to try cases J
against and to punish violators of prohlb
ttory liquor laws, and any circuit court
that may have exclusive Jurisdiction by ,
any law applicable to the county to trv
cases against ami to punish vfolators of ’ .■
prohibitory or other antl-llquor laws shall $
continue to have Its present jurisdiction si
and shall have such exclusive Jurisdic
tion of violations of this act or of acts i|'|
hereinabove referred to and all other laws
of this state for the suppression of Intem
perance and the promotion of temper
ance.
Sec. C-ifc. That In all prosecu. .ns
against any persons for manufacturing,
selling, offering for sale, keeping or hav
ing In possession for sale, -.altering, ex
changing, furnishing, giving away, or
otherwise disposing of prohibited liquors
and beverages, and for any one of tbo
said acts, it shall be competent for the
state to give In evidence the fact that the
beverage which tile evidence may tend
to show the defendant had manufactured,
sold, bartered, exchanged, furnished,
riven away, or otherwise disposed of.
possessed or possesses the same color,
odor and general appearance, or the same
taste, color mid general appearance of a
prohibited liquor or beverage such as
whisky, rum, glu, ale. porter, beer and
any other prohibited liquor or beverage,
and the fact that the beverage In ques- ;i
tlon as above stated, Is of the same color
odor and general appearance or same -
taste, color and general appearance •
as beer. shall constitute pr<ma
facie evidence that the beverage
Is a beer or a malt liquor or a subeti- ‘
tute or device therefor, and within the
Inhibition of the statute for the suppres- i
slon of intemperance; and the like rul*
of evidence shall apply In respect to |
whisky and the other beverages named,
and In the event the defendant claims that
the beverage In question as above re- P
ferred to Is not within the Inhibition of
the statute when it poaeesses the seme
color, odor and general appearance or the
same taste, color and general appearance
as a prohibited liquor or beverage such
a* whisky, beer or the other beverage*