The Birmingham age-herald. [volume], March 18, 1915, Page 4, Image 14

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named hereinabove, ihc burden of proof
shall be upon him to establish to the
reasonable satisfaction of the judge,
court or Jury trying the case that the
beverage in question is not within ths
inhibition of the said statute, and that
• it is a beverage not prohibited b^ the
statute to be manufactured, sold, offered
for sale or otherwise disposed of. The
same rule of evidence shall be applicable
in all cases for the abatement of liquor
nuisance by bills in equity and in all
prosecutions for violations of statutes
of the state for the suppression of the
evils of intemperance when It becomes
necessary to determine whether the liquor
or beverage in question is a prohibited
liquor or beverage.
Section S3. That any person who shall
act as agent or assisting friend of the
seller or buyer in procuring an unlawful
sale of any prohibited liquors and bev
erages shall be punishable as if he h-d
sold said prohibited liquors and bev
erages, and conviction may be had of
such agent or assisting friend upon an
indictment, affidavit or complaint against
him for selling prohibited liquors and
l beverages contrary to law.
Section 33^. That no dealer in bever
ages shall post or place about the prem
ises any sign or signs containing the
name of any prohibited liquors or bev
erages or indicating that any prohibited
liquors or beverages are kept on or about
the premises for sale or other disposi
tion, nor shall any dealer In beverages
employ the word “saloon." ‘buffet’’ or
“bar’’ in designating the business or the
place where the beverage business is con
ducted, and in case of any charge or
prosecution against any dealer in bever
ages for violating the law* against selling,
offering for sale or keeping for sale or
otherwise disposing of prohibited liquors
and beverages, it shall be competent to
make proof in the cause that said party
had posted such signs on or about the*
premises or that the word saloon, buffet
s or bar was employed to designate the
business or the place where the business
was conducted. That any person violat
ing any provision of this section shall be
guilty of a misdemeanor.
Sec. 34. That if any prohibited liquors j
and beverages are delivered to a carrier
to be by the carrier transported and de
livered C. O. D. to any person at a point i
in this state, meaning thereby to collect
on delivery by the carrier for the con-1
signor the amount of the purchase money!
for such liquors, then ana in every case
the carrier shall be deemed and held the
agent of the consignor, and all such pro
hibited liquors and beverages shall re
main the property of the consignor until
actually delivered and the money paid
to the carrier therefor; and the servant
or agent of the carrier who knowingly i
delivers any such liquors or receives pay
therefor within the state shall be guilty
of a misdemeanor.
Sec. 35. That any violation of any pro
x’ision of this act where no other penalty
is provided for, shall be punishable by a
fine of not less than $50 nor more than $500,
to which may be added in the discretion
of the judge or court trying the case,
imprisonment in the county jail or at
hard labor for the county for not less
than six nor more than 12 months, this
being the general penal clause of the
act.
Sec. 36. That If any section or provision
of this act shall be declared to be void
or unconstitutional it shall not affect or
destioy the validity or constitutionality
of any other section or provision which
is not in and of itself void or unconstitu
tional, and it is not intended by this act
to interfere with the exclusive power of
the Congress of the United States to regu
rate commerce with foreign nations and
among the several states, and this act
shall be so construed as to avoid con
flict with that clause of the constitution
of the United States which confers upon
the Congress of the United States the
power to regulate commerce with foreign
nations and among the several states and
with Indian tribes.
Sec. 37. This act shall be liberally con
strued so as to accomplish the purpose
tl ereof. which is to further suppress the
evils of intemperance and secure obedi
ence to and the enforcement of the laws
of the state for the promotion of tem
perance and for the suppression of the
manufacture of and traffic in prohibited
liquors' and beverages and to prevent
evasions and subterfuges by which such
Ians may be violated.
Sec. 38. That all laws and parts of laws,
v' general, local and special. In conflict with
the provisions of this act be, and the same
✓ ' are, hereby repealed, but no such repeal
or any repeal provided for by this section
shall effect any existing right, remedy,
defense or liability incurred, nor any ac
tion or prosecution, civil or criminal, al
reedy commenced or which may be here
after commenced for any offense already
committed, or to enforce any right, pen
alty or punishment under any repealed
law. and as to all such cases the laws
in force at the time of the enactment
and taking effect of this statute shall
continue in force.
Sec. 39. That this act shall go into effect
at 11 o’clock p. m„ on the 30th day of
June, A. D. 1915.
Approved January 23, 1915.
Attest:
JOHN PURIFOY,
Secretary of State.
AN ACT (II. o
To promote temperance and suppress
the evils of intemperance; to dis
courage the use and consumption of
alcohol, alcoholic, spirituous, vinous,
malt, brewed and fermented liquors
and other liquors, liquids, bitters and
beverages defined and set forth in
the act, and substitutes or devices
therefor; and to prohibit the man
ufacture, sale, offering for sale,
keeping or having in possession for
sale, baiter, exchange, giving away,
furnishing or otherwise disposing of
the said liquors, liquids and bever
ages (except the sale of alcohol in
certain defined cases and upon cer
tain defined conditions, and except
the sale of wine for sacramental
purposes), the carrying on of the
business of a brewer, distiller, recti
fier of spirits, or retail or whulesalo
dealer in liquors or retail or whole
sale dealer in malt liquors, and the
keeping or maintaining of unlawful
drinking places, which are declared
to be common nuisances and are to
be abated as such.
Be it enacted by the legislature of
Alabama:
Section 1. That the term "prob.lbitc*
liquors and beverages" shall Include
and be deemed to embrace the fol
lowing: (.1), Alcohol, alcoholic liquors,
spirituous liquors, and all mixed liquors
any part of which is spirituous, for
eign or domestic spirits or rectified
or distilled spirits, absinthe, whisky,
brandy, rum and gin; (2), vinous
liquors and beverages; (3), malt, fer
mented or brewed liquors of any name
or description manufactured from malt
wholly or in part, or from any sub
stitute therofor; beer, lager beer; por
ter and ale; and other brewed or fer
mented liquors and beverages by
whatever name called; hop-jack, hop
ale, hop-welss, hop-tea, malt tonic or
any other beverage which is the pro
duction of maltose or glucose, or in
which maltose or glucose Is a substan
tial Ingredient; (4), any other drinks,
liquors or beverages containing one
half of one percent of alcohol or more
by volume at 60 degrees Fahrenheit; or
any other liquors or liquids, manufac
tured or sold, or otherwise disposed of
for beverage purposes containing said
amount of one-half of one per cent of
alcohol or more; (5), any Intoxicating
bitters or beverages by whatever name
called; but nothing in this act con
tained shall be construed to prohibit
the making of wine from grapes, or
cordials or other fruit, grown and
raised by the person making the same
• for his own domestic use.
Sec. 2. That the term "retail deal
er In liquors" shall mean a-id be
deemed to designate every person, firm,
association or corporation that sells,
or offers for sale, any foreign or do
mestic distilled spirits or wines iu less
quantities than five gallons at the
same time; and the term "wholesale
dealer In liquors" shall mean and be
deemed to designate every person,
firm, association or corporation that
- sells, or offers for sale, foreign or
domestic distilled spirits or wine in
a quantities of not less than five gal
It ions at the same time; and the term |
“retail dealer In malt liquors" uhali I
S' mean and bs deemed to designate ev- I
cry person, firm, association or cor
I poration that sells, or offers for safe,
malt liquors in less quantities than
five gallons at one time, and the term
"wholesale dealer in malt liquors"
^ hall mean and be deemed to designate
every person, firm, corporation or as
sociation who sells, or offers for sale,
inalt liquors in quantities of not less
than five gallons at the same time;
end the term “brewer” shall mean and
bo held to designate every person,
f'rm, association or corporation that
manufactures fermented liquors of any
name or description from malt wholly
cr In part, or from any substitute
therefor; and the term “distiller” shall
mean and he field to Include every
person, association or corporation that
Produces diHtilled spirits, or who brews
or makes mash, wort, or wash fit for
distillation, or for the production of
spirits or who by any process of evap
oration separates alcoholic spirits from
any fermented substance, or who, mak
ing or keeping mash, wort, or wash,
has also in possession or use a still.
Sec. 3. That it shall be unlawful for any
person, firm or corporation or associa
tion within this state to manufacture,
sell, offer for sale, keep or b&ve in posses
sion for sale, barter, exchange, give away,
furnish at a public place or elsewhere,
or otherwise dispose of the prohibited li
quors and beverages described In section
1 of this act, or any of them, in any quan
tity, except as hereinafter provided; but
this inhibition does not include, and noth
ing in this act shall affect the social
serving of such liquors or beverages in
private residences in ordinary social inter
course. Any violation of this section of
this act shall be a misdemeanor punish-;
able by a fine of not less than $60 nor
more than $600, to which, at the discre
tion of tho court or judge trying the case,
may be added imprisonment in the county
jail or confinement at hard labor for the
county for not more than six months for
the first conviction; and on the second
and every subsequent conviction of a vio
lation of this section the offense shall,
in addition to a fine within the limits
above named, be punishable by confine
ment at hard labor for the county for
rot less than three nor more than six
months, to be imposed by the court or
judge trying the case.
Sec. 4. That it shall be unlawful
within this state to carry on the
business of a brewer, distiller, recti
fier of spirits, or retail or whole
sale dealer in liquors, or retail or
wholesale dealer in malt liquors; and any
violation of this section, whether a first
or a subsequent offense, shall bo punish
able as prescribed In section 3 for vio
lations of that section. The carrying on
business as such brewer, distiller or recti
fier of spirits, or retail or wholesale
dealer in liquors, or retail or wholesale
dealer in malt liquors, shall for each
separate day that it Is carried on consti
tute a seperate offense, to be punished
as prescribed herein.
Sec. 5. That it shall be unlawful for any
person, firm, association or corporation,
directly or indirectly to keep or maintain,
or in any manner to aid or abet in keep
ing or maintaining, any of the following
places, which are hereby declared to be
unlawful drinking places: (1) Any place
or resort where the prohibited liquors or
beverages or any of them are kept to be
drunk upon or about the premises by
persons resorting there for that purpose;
(2) any clubroom or other place in which
are received or kept for the purpose of
barter or sale, or use, or gift as a bever
age. or for distribution or division among
or furnishing to or for use by members
of any club or association of persons by
any meaiiH whatever the prohibited
liquors and beverages, or any of them,
referred to in section 1 of this act; (3)
any clubroom or room of any association
of persons in which said prohibited liquors
or beverages, or any of them, are kept
or stored for the purposS of being drunk
or consumed by the members of such
club or other association of persons or
their guests or others on the premises,
or at or near the place where such liquors
or beverages, or any of them, are kept
or stored; (4) any place adjacent to or
near the premises of any club, corporation
or association, or other combination of
persons to -which members or their guests
or others, by the permission of memuers,
resort for the purpose of drinking the
prohibited liquors and beverages, or any
of them, that are kept at or near such
place. Any of the places herein designated
if kept or maintained shall be and con
stitute an unlawful drinking place, and
the act of keeping or maintaining any,
such room or place shall be deemed a
separate offense for each day that it
continues; and any violation of this sec
tion, whether a firRt or subsequent of
fense, shall be punishable as prescribed
by section 3 for violations of that sec
tion. Any place or room kept or main
tained in violation of the provisions of
this section shall be deemed to be a com
mon nuisance and may be abated by
writ of injunction issued out of a court
of equity upon a bill filed in the name
of the state by the state attorney gen
eral, or any solicitor or prosecuting at
torney whose duties require him to prose
cute criminal causes on behalf of the
state, in the county wherein the nuisance
Is maintained, or by any citizen or citi
zens of such county, such bill to be filed
in the county in which the nuisance exists.
And all rules of evidence and the practice
and proceedure that pertain to courts
of equity generally in this state may ©e
invoked and applied in any injunction
procedure hereunder. Any chartered club
or incorporated association or persons un
der the laws of Alabama that is guilty
of violating any of the provisions of
this section of this act, or maintains or J
keeps any such place as is hereinabove |
described, shall forfeit its charter, and I
such forfeiture may be declared by a
proceeding in quo warranto against the
club or incorporated association in a court
of competent Jurisdiction in the county
where the unlawful act is committed.
Sec. 6. That wholesale druggists may
sell In wholesale quantities to retail drug
gists and to public or charitable hospitals
or to medical or pharmaceutical colleges,
pure alcohol for medicinal purposes only,
or grain alcohol to be used by chemist*
or bacteriologists actually engaged in
scientific work, and for such purposes
only, and such wholesale druggists shall
at the end of each month in which any
such sales have been made, file with the
probate Judge of the county in which they
do business, a statement in writing giv
ing the name of the purchaser, the price
paid, the date of sale and the quantity
and character of the alcohol sold.
Sec. 7. That any retail druggist in this
state who is himself a registered or li
censed pharmacist, or who regularly em
ploys a registered or licensed pharmacist,
may sell In the manner herein set out,
pure alcohol for medicinal purposes only; |
grain alcohol to chemists and bacterlolo-•
gists actually engaged in scientific work,
and for such purposes only, provided that!
nothing herein contained shall prevent;
such druggist from using alcohol in the
compounding of prescriptions or other!
medicines, the sale of which would not ]
subject him to the payment of the spe
cial tax required of liquor dealers by
the United States. Provided, that regu
larly licensed and practicing physicians
may purchase grain alcohol or pure al
cohol In quantities of not more than one i
gallon at one time, from wholesale or I
recall druggists, and inay use the same !
in compounding and dispensing remedies I
in the practice of their profession only.
Sec. 8. That no sale of pure alcohol for
medicinal purposes shall be made ex
cept upon the prescription of a regular
practicing physician of this state, who
before writing such prescription shalli
make an actual examination of tho person '
for whom the prescription is issued, and
said prescription shall be in substantially
the following form: State of Ala
bama, (- county). I —-, a
regularly licensed and practicing phy
Biclan, under the laws of said state, do
hereby certify that I have examined
-, a patient in my charge, and 1
do hereby prescribe for the use of said
patient -of alcohol, and I further
certify that the use of such alcohol la
necessary to alleviate or cure the illness
or disease from whlon such patient is
suffering. Dated-M. D.
Sec. 9. No prescription shall be filled
hereunder except upon the day upon
which it is issued or the following day,
and no more than one-half pint of alcohol
shall be sold and delivered on any one
prescription, and when suen prescription
is filled it shall not be refilled, but shall
be delivered to the druggist filling the
same, and at the end of the month in
■ ‘t~. ' . • d
which the same Is filled, shall be filed by
Fuch druggist In the office of the probate
Judge of the county. In towns having
a population of 3000 or more, no phy
sician's prescription shall be filled at any
ding store of which he Is the proprietor,
or in which said physician has a financial
inte: est, either as partner, stockholder or
otherwise.
Sec. 10. The retail druggist may sell in
qiantities not greater than five gallons,
alcohol to be used In the arts or for scien
tific or mechanical purposes, and sucn
druggist may sell in like quantities grain
aicohol to chemists and becteriologlsts
engaged Jn scientific work, and for such
purj oses only, and such druggists may
sell In quantities not greater than one
I half gallon, wine to be used for sacra
: menial or religious purposes only. Any
I person desiring to purchase alcohol for
the purposes set out in this section
shall sign a written or printed
statement giving his name, residence and
occupation, and the purpose for which he
intends to use said alcohol, and he shall
certify that said alcohol iB purchased in
good faith for such purpose and no other.
Sec. 11. That it shall be unlawful to
sell wine for sacramental purposes, ex
cept to a minister, pastor, priest or offi
cer of a regularly organized religious
congregation or church, and any person
desiring to make such purchase shall sign
a written statement giving his name and
residence and the name and location of
the church for which such wine is pur
chased, and he shall certify that said
wine is purchased in good faith to,be
used for sacramental or religious pur
poses and no other. The statements pro
vided for in this and the next preceding
section shall be filed at the end of each
month by the druggist making the sale,
in the office of the probate judge of the
county.
Sec. 12. All statements or prescriptions
required by this act to be filed in the
office of the probate Judge shall be re
corded and properly indexed by him in a
book kept for that purpose, which shall
at all times be open for public inspec
tion, and a certified copy of such record,
or the original statement or prescription
with the certificate of the probate judge
Indorsed thereon? showing that it has
been recorded shall be prlma facie evi
dence of the facts recited therein. For
making such record the probate judge
shall be entitled to charge and collect for
each prescription a fee of 10 cents, and
for all statements other tnan prescrip
tions a fee of 26 cents, which shall be
paid by the party filing the same.
Sec. 13. That nothing in this act shall
prevent the sale of wood or denatured
alcohol.
Sec. 14. That any person who violates
any' provision of this act shall be guilty'
of a misdemeanor. Any physician who
issues any prescription hereunder con
taining any' false statement, or who sells,
barters, exchanges or gives away any
alcohol or uses the same, except in com
pounding and dispensing remedies in the
practice of his profession, shall be guilty
of a misdemeanor, and shall be debarred
from the practice of his profession for
one year; any person who shall sell any
alcohol or wine in this #rtate for any
purpose other than herein allowed, or
who shall fail to file In the office of the
probate Judge prescriptions and state
ments herein, shall be guilty of a mis
demeanor, and any person who shall ob
tain any alcohol or wine in accordance
with this act and convert the same to
his use, shall be guilty of a misdemeanor,
and any' person, so offending under any
clause of this section, shall, on convic
tion, be punished by fine of not less than
$50 nor more than $600; and may also be
Imprisoned in the county jail or sen
tenced to hard! labor for the county for
not more than six months for the first
conviction, at the discretion of the court
or judge trying the case, and on the
second and every subsequent conviction,
in addition to the fine whten may be im
posed, shall be confined at hard labor for
the county for not less than three nor
more than six months, to be imposed by
the court or judge, trying the case.
Sec. 15. that if any section or pro
vision of this act shall be held to
be void or unconstitutional it shall not
affect or destroy the validity or con
stitutionality of any other section or
provision which is not in and of it
self void and unconstitutional; and it
is not intended by this act to inter
fere with the power of Congress of the
United States to regulate commerce
with foreign nations and among the
several states, and this act shall be
so construed as to avoid conflict with
that clause of the constitution of the
United States which confers upon the
Congress the power to regulate com
merce with foreign nations and among
the several states and with Indian
tribes.
Sec. 16. That this act shall be lib
erally construed bo as to accomplish
the purpose thereof, which is to pro
mote temperance and reduce and dis
courage the use and consumption of
the said prohibited liquors and bev
erages* described in section 1 of this
act, and any' device or substitute for
any of the prohibited liquors and bev
erages, Including those beverages that
are commonly known and called “near
beer," such as White Top, Pabst Mead
and other similar drinks and bever
ages, shall be held and deemed to be
within the inhibition of this statute.
Sec. 17. That all laws and parts of
laws, general, local and special in con
flict with the provisions of this act
be and they are hereby repealed, and
the following two acts are expressly
repealed, to-wit: (1), The act ap
proved February 21, 1911 (known as
the Parks bill), providing for elections
to determine whether or not the man
ufacture and sale of spirituous, vinous
or malt liquors should be legalized in
counties voting thereon and whether
such liquors should be sold by dispen
saries or by private dealers, under
license; and (2), the act approved April
6, 1911 (known as the Smitn bill),
regulating the manufacture, sale and
other disposition of spirituous, vinous
and malt liquors, where authorized,
regulating dispensaries, providing for
excise commissioners and the disposi
tion of license taxes, and for other pur
poses as therein stated: Provided, how
ever, that the repeals herin provided
for shall not affect any existing right
remedy, defense, or liability incurred,
nor shall it affect any action or prose
cution, civil or criminal, already com
menced, or which may hereafter bo
commenced for any offense already
committed, or which may be committed
prior to the taking effect of this act.
nor any action or prosecution to en
force any right or penalty or punish
ment under any such repealed law; and
as to all such cases the laws in force
at the time of the enactment and tak
ing effect of this statute shall con
tinue in force.
Sec. IS. That this act shall go into
effect at 11 o’clock p. m., on the 30th
day of June, A. D., 1916.
Attest:
JOHN PURIFOY,
Secretary of State.
No. 36) AN ACT (H. 144
To authorize the governor to negotiate
temporary loans to supply any deficiency
that may occur In the state treasury.
Section 1. Be It enacted by the legisla
ture of Alabama, That in order
to supply any deficiency which
may occur In the state treas
ury at any time, the governor Is author
ized from time to time to negotiate a
temporary loan or loans for, and In the
name of the state for an amount not to
exceed $300,000, or such less amount as may
be necessary in his judgment to supply
such deficiency.
Approved February 8, 1911.
Official:
JOHN PURIFOY,
Secretary of State.
No. 11) (S. J. R. 47
Whereat!, the Congress of the United
States has passed an act approved by
the President, May 8,1914, entitled, "An act
to provide for co-operative agricultural
extension work between the agricultural
colleges In the several states receiving
the benefits of the act of Congress, ap
proved July 2, 1862, and acts supplemen
tary thereto, and the United States de
partment of agriculture," and
Whereas, It Is provided In section 3 of
tho act aforesaid, that the grants of
mu: ey authorized by this act shall be
paid annually “to each state which shall,
by action of its legislature, assent to the
provisions of this act,” therefore
Be it resolved by the senate, the house
concurring, That the assent of the legis
lature of the state of Alabama be, and
Is hereby given, to the provisions and re
quirements of said act, and that the trus
tets of the Alabama Polytechnic institute
be, and they are hereby authorized and
empowered, to receive the grants of money
appropriated under said act, and to or
ganize and conduct agricultural extension
work which shall be carried on in con
nection with said Alabama Polytechnic
institute in accordance with the terms and
conditions expressed in the act of Con
gress aforesaid.
Adopted by the senate and concurred in
! y the house January 29, 1915.
Official:
JOHN PURIFOY,
Secretary of State.
No. 17) (S. J. R. 67
Be it resolved by the senate, the house
of representatives concurring:
That the senators and representatives
of Alabama, in the Congress of the Uni
ted States, are hereby memorialized and
requested to do all within their power
to secure the immediate passage or the
administration bill to secure ships for
transportation of American products to
the markets of the world. Our cotton is
the greatest sufferer from want of trans
ports tion. We urge prompt action by
our senators and representatives.
Passed by the senate and concurred in
by the house February 3, 1915.
Official:
JOHN PURIFOY,
Secretary of State.
No. 14) AN ACT (H. 63
To authorize women to serve on boards
of education of counties, and cities and
towns.
Be It enacted by the legislature of Ala
bama: (1) That on and after the passage
of this bill women shall be eligible to
serve on the boards of education of in
corporated cities and towns and on coun
ty boards of education. (2) All laws and
parts of laws, local, general or special,
i'l conflict with the provisions of this act
be and the same are hereby repealed.
Approved February 1, 1915.
Official:
JOHN PURIFOY,
Secretary of State.
No. 4) (S. J. R. 11
Requesting the active efforts of senators
and representatives of Alabama In the
Congress of the United States to secure
the passage of laws excluding from the
United States mail all advertisements or
solicitations, orders and literature con
cerning intoxicating liquors and bev
erages, as well as such beverages them
selves.
Be it resolved by the senate, the house
of representatives concurring, That the
aerators and representatives in the Con
gress of the United States are hereby
urgently requested to use their endeavor
to secure the passage of a law or laws
excluding from the United States mail
all advertisements or solicitations, orders
and literature concerning intoxicating
liquors and beverages, as well as such
beverages themselves.
Passed by the senate and house Jan
uary 26, 1915.
Official:
JOHN PURIFOY,
Secretary of State.
No. 6) A RESOLUTION (H. J. R. 19
Resolved by the legislature of Alabama:
That the auditor and the. treasurer are
hereby requested to furnish to the senate
and house, as quickly as the data can be
collected and tabulated, in parallel
columns, in triplicate for each house, the
following information:
In the first column, opposite appropriate
side titles, every item of money actually
paid out of the treasury in the fiscal year
ending of September 30, 1910, and then in
four parallel columns the amount paid
out for every item in the years 1911, 1912,
1913 and 1914. They shall also report the
full sum of money in the treasury or
In any depositary, subject to the check
of the treasurer, and the amount of all
outstanding warrants on the treasury at
the date, January 17, 1911, together with
the amount of any temporary loan. Also
the total amount of receipts for every
year, from 1906 to and Including 1914. and
the total sum in the treasury on January
IS, 1915, with the total amount of outstand
ing and unpaid warrants and temporary
loans, and they shall add every other
Item of Information necessary for a clear
understanding of the financial operations
of the treasury for the past eight years,
so as to enable any one to see how much
the expenses of the government have
been, and when and for what the in
creases, if any, occurred.
Passed by house January 21, 1915, by
the senate January 26, 1913.
Official:
I JOHN PURIFOY,
Secretary of State.
i>0. ,) -A. KHJ8ULUT1UN (H. J. R. 34
Resolved by the house, the senate con
curring, That a committee of three, two
from the house and one from the senate,
be raised for the purpose of ascertaining
whether or not all state officials required
to furnish bond, have complied with law
governing said bonds.
Resolved further, That this committee
shall ascertain whether bonds are prop
erly made and filed.
Passed by the house January 22, 1915,
the senate concurring January 2(1, 1915.
Official:
JOHN FURIFOY,
Secretary of State.
No. 12)
Report of the joint committee on rules.
Resolved by the legislature of Alabama:
1. That the legislature remain in ses
sion until the end of the 20th legislative
day, and that the two houses, on that
day, take a recess, and reconvene July 13,
1915, at 12 o’clock, m.
2. That a special committee on ju
diciary. consisting of five members from
the house, appointed by the speaker, and
three from the senate, appointed by the
president of the senate, be appointed with
instructions and directions to consider all
questions concerning the judicial system
of the state, organizataons of the courts,
circuits, districts, reorganization, con
solidation of courts, jurisdiction, proced
ure, officers, terms, juries and jury com
missioners, times of meeting, and such
ether matters as affect the administra
tion of the laws. That this special com
mittee also consider the question con
cerning workman’s compensation acts,
and all questions concerning constitu
tional amendments pending at time of
roceseing, and shall report by bill or bills,
or otherwise, as to them shall appear besr.
Thai this committee Is authorized to em
ploy one clerk, who shall be an expert
stenographer and typewriter.
3. That there be raised a special com
mittee on finance and taxation, to bs
competed of eight members, five from
the house of representatives, to be ap
pointed by the speaker of the house, and
three from the senate, to be appointed by
the lieutenant-governor, which committee
shall sit during the recess, for the con
sideration of all questions of finance and
taxation, and the raising of revenue for
the state. The committee shall ascer
tain and report the cost of operating
the several departments in the state
government, and shall also report upon
the present efficiency of the various de
partments, and their employes, and shall
recommend such economies as, in the
Judgment of the committee, can be put
Into effect without detriment to the pub
lic service. The said commit
tee shall , also prepare and re
port to the legislature upon the recon
vening of same, a complete revision of
the system of or raising revenue of the
state by taxation, or otherwise, and the
findings of the committee shall be em
bedied in a bill to be submitted to the
legislature, which bill shall supplant and
repeal all existing laws in regard to the
raising of the revenues for the state
The said committee shall also Investigate
the cost of the operation of the convict
department, and Its management, and re
port thereon to the legislature by bill
or otherwise. The said committee Bhall
have authority to call to its assistance
the heads of the various departments of
the state government, and Including the
examiners of public accounts, who are
directed to render to such committee all
aid in their power when not conflicting |
with the performance of their public
duties. The committee shall have au
thority to employ a clerk, who shall be
a stenographer, and such expert and I
clerical assistance In addition to that
•herein provided for, as may be neces-1
■ary to accomplish the purpose of this
resolution, and pay the’necessary travel
ing expenses of the members and clerks
of the committee.
4. That each of committees shall be
authorized to administer oaths, and send
for persons and papers.
5. That the members of the commit
tees and all clerks whom the committees
are authorized to employ, shall receive
$4 per day while engaged on the work
assigned such committee, and also re
ceive the same mileage they receive for
attending the legislature, and also neces
sary traveling expenses. The chairman
of each of said committees shall certify
to the auditor that amount Is due each
men ber, or clerk, who must draw his
warrant therefor on the state treasurer.
Passed by tlip senate February 1, 1915.
Official:
JOHN purifot;
Secretary of State.
No. 33) AN ACT (No. 9
Authorizing the conversion of banks
organized under the laws of Ala
bama into national banks.
He it enacted bv the legislature of
Alabama:
Section 1. That any banking cor
poration organized under the general
or special law' of the state of Ala
bama may, with the consent of the
holders of a majority in amount of the
stock, obtained at a meeting of the
stockholders called therefor, be con
verted into a national bank in such
manner as may, at the time of such
conversion, be prescribed by the laws
of Congress, and the stock of said
bank may be exchanged for stock in
said national bank upon such terms as
the consenting stockholders may, at
the meeting at which the conversion is
authorized, determine, or upon such
terms as the holders of a majority of
the stock of said state bank may, at
any other meeting called for such pur
pose, determine.
Sec. 2. That all meetings of stock
holders called for any of the purposes
provided for in the first section here
of shall be called by resolutions of the
board of directors, and notice of such
meeting and of the purpose thereof
?hall be published once a week for
SO days prior to the date of such meet
ing in some newspaper published In
the city, towrn or village in which the
principal place of business of said bang
is located, but, if no daily or w'eekly
newspaper is published at said placdi
then the publication shall be made in
a newspaper published nearest thereto.
Sec. 3. That this law shall go into
effect immediately upon its passage
and approval.
Approved February 8, 1915.
Official:
JOHN PURIFOY,
Secretary of State.
No. 92) AN ACT (S. 228
To amend section 3236 of the code of
Alabama, of 1907.
Be it enacted by the legislature of
Alabama: That section 3236 of the
code of Alabama, of 1907, be and the
same is hereby amended so as to read
as follows: Section 3236. The circuit
courts in the Sixth judicial circuit
shall be held in each year as follows:
1. In the county of Lamar, on the third
Monday in February and August, and
may continue three weeks. 2. In the
county of Fayette, on the third Mon
day after the third Monday in Febru
ary and August, and may continue two
.weeks. 3. In the county of Greene on
the fifth Monday after the third Mon
Aionday in February and August, and
may continue three weeks. 4. In the
county of Sumter, on the eighth Mon
day after the third Monday in Febru
ary and August, and may continue
three weeks. 5. In the county of Pick
ens, on the eleventh Monday after
the third Monday in February and Au
gust, and may continue two weeks. 6.
In the county of Tuscaloosa, on the
thirteenth Monday after the third Mon
day in February and August, and may
continue six weeks.
Approved February 23. 1915.
Official:
JOHN PURIFOY.
Secretary of State.
No. 61) AN ACT <S. 23S
To amend section 2 of an act entitled
"An act to authorize the holding of elec
tions by municipal corporations in the
state of Alabama, for the purpose of ob
taining authority to issue bonds, for
public purposes herein defined, and to
provide for holding such elections, and
declaring the result thereof, and to au
thorize the issue of such bonds when a
majority of the voters participating in
such election vote in favor of the issue
of such bonds, and regulate the issue,
execution, sale and security of such
bonds," approved August 26, 1909.
Be it enacted by the legislature of Ala
bama:
Section 1. That section 2, of an act en
titled an act to authorize the holding of
elections by municipal corporations in
the state of Alabama, for the purpose of
obtaining authority to issue bonds for
public purposes herein defined, and to
provide for holding such elections, and de
claring the result thereof, and to author
ize the issue of such bond3 when a ma
jority of the voters participating in such
election vote in favor of the I sue of such
bonds, and to regulate the issue, execu
tion, sale and security of such bonds, ap
proved August 26, 1909. be and the same is
hereby amended so as to read as fol
lows:
Sec. 2. That all municipal corpora
tions shall have full and continuing
power and authority to issue and sell
bonds when such issue is authorized by
the election herein provided for, for the
following named purposes, to-wit: (1)
For the purchase of real estate necessary
for any improvement authorized by law,
or for the site for any building or im
provement to be used for public purposes.
(2) For extending, enlarging, improving,
repairing or securing the more complete
ubc of any enjoyment of any „ullding or
Improvement owned, purchased or con
structed by the municipality, for equipping
and furnishing the same. (3) For the
erection of crematories or garbage dis
posal plants or for the purpose of provid
ing other means for the disposal of
garbage and refuse matter. (4) For the
construction of streets and sidewalks,
and for the repairing or Improving of any
street, or sidewalk or other public high
way; for opening, widening and extend
ing any street or public highway. (6)
For purchasing or condemning any land
necessary for street or highway pur
poses, and for improving the same or pay
ing any portion of the cost of such im
proving. (6) For the erecting of in
firmaries, hospitals, pesthouses, or for re
building, extending, emarging or repair
ing the same. (7) For erecting prisons,
workhouses, police stations, houses of
refuge and correction. (8) j or erecting
market houses and providing market
places. (9) For erecting city or town
halls and public offices; public school
houses and buildings to be used in con
nection with the same; for the erection
and establishment of public auditoriums
and other buildings for public meetings
'and for the purpose of rebuilding, ex
tending, enlarging, repairing and equip
ping and furnishing the same. (10) For
erecting or purchasing waterworks to
supply water to the municipal corpora
tion, or to the inhabitants thereof, and
for the purpose of repairing, extending
and enlarging juch waterworks system.
(11) For erecting or purchasing lighting
plants for supplying light to the munici
pality or to the inhabitants thereof and
for the purpose of repairing, extending
and enlarging the same. (12) For the
purchasing or providing grounds for ceme
teries or for enclosing, improving and
embellishing the same; for building
crematories and public burial vaults (13)
For the construction of sanitary and
storm water sewers or drains, sewerage
disposal plants, filtration beds, and for
the purpose of acquiring land or rights
of way for such purposes. (14) For estab
lishing free public libraries and reading
rooms. (15) For the establishment of
public baths. (16) For improving any
water course or water front; for con
structing docks, wharves, landings, levees
and embankments within the limits of the
municipality or for the purpose of pro
tecting a city from the encroachments
of streams and rivers. (17) For the pay
ment of obligations arising from emer
gencies resulting from epidemics or floods
or other forces of nuture. (18) For pur
chasing or condemning the necessary
land for parks, boulevards and public
places; for improving or completing the
*
I same, or for acquiring additional land
for parks, boulevards or public places.
(19) For constructing or repairing via
ducts, bridges and culverts, and for pur
chasing or condemning land necessary
therefor; for the purpose of constructing
bridges or tunnels over or under any
railroad track, or for the abolition of
grade crossings, and for the purpose of
paying for damage caused to abutting
property owners by the construction of
any one of the improvements named in
this subdivision. (20) For erecting any
building necessary for a fire department,
for the purpose of fire engines, fire boats,
or fire equipment; for constructing water
towers, reservoirs and cisterns, or for
paying the cost of placing under ground
the wires of other signal apparatus of
any fire department. (20%) For the pur- j
pose of providing for the payment of any i
obligations of any municipal corporation,!
whether arising from administration or I
from the acquisition of any property for 1
public use or the construction of any i
improvement, or otherwise or whether!
said obligations shall have matured or not j
at the time of said issue. (21) For the pay- j
ment of any deficiencies in the revenues j
of any municipal \orporation: for the |
funding of floating debts, and for such
other purposes as may be authorized by
law or by the charter of any municipal;
corporation. (22) For tho purpose of pro- I
viding any money or moneys deemed;
necessary by the. governing body to pro
vide for the administration of the city i
to the expiration of the fiscal year. Pro
vided that paragraphs 20% and 22 of this j
section of this act shall apply only to j
cities which now have or may hereafter |
have a population of as much as 100,000
people according to the last federal i
census or any such census which may,
hereafter be taken.
Approved February 20, 1915.
Official:
JOHN PURIFOY,
Secretary of State.
No. 102) AN ACT (S. 106
To make an appropriation for the pay
ment of expenses Incurred in the
publication of proclamations of tho
governor on constitutional amend •
ment voted on at the election held
In the state on the First Tuesday
after the first Monday in Nevember,
1912.
Section 1. Be it enacted by the leg
islature of Alabama:
That the sum of $6000 or so much
thereof as may be necessary, is here
by appropriated out of any money in
the state treasury not otherwiso ap
propriated, for the purpose of paying
for the publication of the proclama
tions of the governor on the proposed
amendment to the constitution voted
on at the regular general election in
this state on the first Tuesday after
the first Monday in November, 1912:
as authorized by act approved Febru
ary 28, 1911. Ala. acts, 1911, p. 47.
Sec. 2. That the auditor shall draw*
his warrant on the state treasurer for
the payment of the accounts duo the
proprietors of the newspapers that
published the said proclamations upon
the verification of said account by the
secretary of state and approval of the
same by the governor.
Sec. 3. That all laws and parts of
laws in conflict with the provisions
of this act be and the same are here
by repealed.
Approved February 24, 1916.
Attest:
JOHN PURIFOY,
Secretary of State.
No. 104) AN ACT tS. 221
To confer upon justices of the peace
and Judges of the inferior courts
concurrent jurisdictions witli circuit
courts, and courts of like Jurisdic
tion of all offenses arising under
the game and fish laws of Alabama.
Section 1. Be it enacted by tho leg
islature of Alabama, that concurrent
jurisdictions with circuit courts and
courts of like Jurisdiction be and the
same is hereby conferred upon all Jus
tices of the peace and judges of in
ferior courts of this state in all cases
arising under the laws for the pro
tection and preservation of the birds,
game and fish.
Sec. 2. That all courts trying such
cases shall make a report to the state
game and fish commissioner and shall
remit fines to the state treasurer, as
now provided by law in the case of
clerks of other court*.
Sec. 3. Persons convicted in such
courts may appeal to the circuit or
city courts of the county as in other
cases of conviction.
Approved February 22, 1915.
Attest:
JOHN PURIFOY,
Secretary of State.
No. 58) AN ACT <B 241
To exempt from taxation in this state
money lent, solvent credits and cred
its of value, other than such as are
secured by mortgage, deed of trust
or a contract of conditional sale,
upon which a privilege tax . is re
quired to be paid.
Section 1. Be it enacted by the leg
islature of Alabama that money lent,
solvent credits, and credits of value,
other than such as are secured by
mortgage, deed of trust, or a contract
of conditional sale, upon which a priv
ilege tax is required to be paid, shall
be exempt from taxation.
Sec. 2. Be it further enacted that all
laws and parts of laws in conflict with
the provisions of section 1 of this act,
te and the same are hereby repealed.
Approved February 16, 1915.
Official:
JOHN PURIFOY,
Secretary of State.
No. 122) AN ACT <H. 301.
To amend section 6934 of the code of
Alabama, and to prescribe a rule of evi
dence in prosecutions thereunder, snd to
require the posting of a copy of this
act as a condition precedent to con
viction, and to prescribe the time when
this act shall go into effect.
Section 1. Be it enacted by the legis
lature of Alabama: That Section 0934 of
the code of Alabama be amended so as
to read as follows: Any person who, by
fraud or misrepresentation, or with in
tent to deceive or defraud, obtains food
or lodging, or other accommodation from
the landlord, owner, proprietor or keeper
of any hotel, inn, boarding house or eat
ing bouse, and fails or refuses to' pay
for the same, must, on conviction, be
fined not more than $560, and may also
be sentenced to hard labor ror the coun
ty for not longer than six months.
Sec. 2. Proof that food, lodging or other
accommodation was obtained by false
pretense, or by false or fictitious show or
pretense of any baggage or other prop
erty, by such person obtaining such food,
lodging or other accommodation: or, that
such person absconded or left the state
without paying, or offering to pay for
such food, lodging or other accommo
dation; or, that such person gave in pay
ment, or In part payment for such food,
lodging or other accommodation, any
check or draft, on which check or draft,
payment was refused on due pifssentatlon;
or, that such person surreptitiously re
moved, or attempted to remove from such
hotel, inn, boarding house, or eating
house, the* baggage or other property
brought with him thereto, without having
paid or offered to pay for such food, lodg
ing or other accommodation so furnished
him, shall be prima facie evidence of
the fraud or misrepresentation, or in
tent to deceive or defraud mentioned in
the llrst section of this act; provided,
that no person shall be convicted under
the provision of this act where there has
been an express agreement to delay pay
ment for such food, lodging or other ac
commodation until a date after such per
son terminates his relation as a guest at
such hotel, inn or boarding house or eat
ing house.
Sec. 3. That it shall be the duty of
every hotel keeper, innkeeper, boarding
house keeper and eating house keeper in
this state to keep a copy of this act, print
ed in distinct type, posted m the lobby,
public waiting room, or in that portion
of his hotel, inn, boarding house or eat
ing house most frequented by the guests
thereof, and no conviction shall be had ,
under the provisions of this act until it
shall have been made to appear that a .
copy of this act was posted as above
provided in the hotel, inn. boarding house i
or eating house, the owner or keeper of
which claims to have been defrauded, at :
the time such food, lodging or other ac
commodation was obtained. I
1 - /
Sec. 4. That this act shall take effect
30 days after its approval.
Approved February 18, 1915.
Official:
JOHN PURIFOr.
Secretary of State.
No. 107) \ AN ACT <H. 709
To provide for the reinstatement cf
Confederate pensioners whose names
have been stricken from the pen
sion rolls of this state.
Be it enacted by the legislature of
Alabama:
Section- 1. When the county board
of pensions shall meet at the court
house of their respective counties July*
next, they shall give 10 days’ notice
by advertising in a newspaper pub- ■*j
lished in the counties of said meet
ing. Said notice shall inform all pen
sioners who have been stricken from
the pension roll of the state that they
or their witnesses may appear before
said pension board and show causo
why they should be reinstated on said
pension roll and placed In the class
trom which they were stricken.
Sec. li. If after hearing the proof
cf said pensioner and his witnesses jm
they are convinced that any person so
applying for reinstatement on the pen
sion roll has been unjustly stricken
from the pension roll, they shall re
duce said hearing to writing, to b#
submitted to the state board of ex
aminers at their next meeting. H
Sec. 3. The state board of exam- ^
iners shall receive such application |
from the auditor and examine carefully
and separately each application for re
instatement on the pension roil from
which they have been stricken, and ^
the evidence of one witness who was
a Confederate soldier and who makes
affidavit to the fact that said appli- ?
cant for reinstatement did serve in ths
Confederate army or the state troops
of Alabama in accordance with ths
requirements of section 2007 of the
code of 1907, together with the evi
dence of two reliable citizens of the
precinct in which said pensioner re
sides, who must state under oatli that
said applicant is a reliable and truth
ful person, and who from their knowl
edge of such person would not make
a false statement for the purpose of
securing >a pension. Then it becomes
the duty of the state board of pen- {.
felons to have placed on the pension
roll the name of said pensioner and
in the class from which said pensioner
was stricken. Provided, that when an
applicant heretofore on the Confcder- ■
ate pension rolls makes affidavit that
he enlisted in the service of and did
not desert the Confederacy, and that
he knows of no available witness or
witnesses to such fact, such affidavit M
shall be presumptive evidence of ths iH
applicant’s right to the pension pro
\ided for by the laws of Alabama un
less disproved; and an affidavit by the
widow of a deceased soldier or sailor
who has ever drawn a Confederate
pension and who is over 45 years old
that she is informed and believes that fj
her husband t enlisted in and did not
desert the Confederacy, shall have the
same effect as the affidavit herein H
provided to be made by soldiers and
sailors of the Confederacy. And all
persons reinstated as pensioners shall L
also be paid such sum or sums as they
would have received if they had not
been dropped from the pension rolls
of Alabama.
Sec. 4. All soldiers or widows of
soldiers who make application for 1
Confederate pension after the enact- 1
ment of this bill the same shall ba
entitled to the measures provided by
this bill.
Approved February 19, 1915.
Official:
JOHN PURIFOY,
Secretary of State.
No. SS) AN ACT <H. 502
To repeal section 170 of the code of Ala- i
bama, of 1907, and to repeal an act to ■
amend section 770 of the code of Ala
buma, of 1907, approved August 20, 1909. 1
Be it enacted by the legislature of Ala
bama, That section 770 of the code of
Alabama, of 1907, and an act to amend . j
section 770 of the code of Alabama, of 1907,
approved August 20, 1909, be and the same
are hereby repealed.
Approved February 19, 1915.
Official;
JOHN PURIFOY, i
Secretary of State. S
No. 89) AN ACT (H. 308
To amend section 1889 of the code of Ala- j
bama. \|
Be it enacted by the legislature of Ala- j
bama:
Section 1. That section 1889 of the code
be amended so as to read as follows: Sec
tion 1889. Medical department of the Uni
versity of Alabama. The corporation
styled the Medical College of Alabama, is
dissolved, and the institution heretofore
known as the Medical College of Ala
bama. is constituted the medical depart
ment of the University of Alabama', ana
shall hereafter be under the sole man- - f
agement, ownership and control of the
board of trustees of the University of
Alabama, provided that the said medical j
department shall remain at Mobile, so
long as it can be maintained in that city
as a class A school of medicine as defined
by the Council on Medical Education of
the American Medical association. "When
ever the Council on Medical Education of
the American Medical association informs
the trustees of the university that it pro
poses to lower the classification of said
medical department, said trustees shall
order the removal of the said medical
department to Tuscaloosa or elsewhere,
that may offer the best advantages and
Inducements to be conducted in such man
ner as the trustees of the University of
Alabama may elect, provided that the
courses offered shall conform to recog
nized standards." All appropriations of
moneys which have heretofore been made
to said medical college (or department)
[>r which may hereafter be made in aid
ef said medical department of the Uni- *
verslty of Alabama shall be paid to the I
trustees of the University of Alabama to
be used in such manner as they may
from time to time direct.
S-ec. 2. That all laws and parts of laws
In conflict with the provisions of this
let be afld the same hereby are repealed.
Approved February 18, 1915.
Official:
JOHN PURIFOY, :
Secretary of State.
No. 64) AN ACT (H. 341 X
To authorize the state board of exam- ?
iners to issue first grade certificates £
to graduates of certain institutions
of higher learning of this and other
states; to provide for the isauaaw*
of teachers' certificates to persons
holding certificates granted in oth
er states; to authorize the extension j
of the terms of first grade certifi- 1
cates, of second grade certificates,
and third grade certificates; and to
repeal section 1723 of the code of i
Alabama us amended by section 4
of an act approved August 21, 1909.
Be it enacted by the legislature of i,
Alabama:
Section 1. That the state board of
examiners is hereby authorized to
grant a first grade teachers’ certifi- I
cate without further examination to ?
graduates of the "Class A" normal fl
schools of Alabama and to the grad
uates of such other institutions of
higher learning in this and other
states as may maintain departments
tor teacher training meeting such re- vt
quirements as may be designated by
the state board of examiners; provided
hat certificates shall be issued only
to such graduates of the different in
stitutions as have successfully passed
i minimum number of bourses in edu
ation designated and approved by the
itate board of examiners.
Sec. 2. That the state board of ex
iminers is hereby authorized to grant
i certificate of qualification to teach
n the public schools of the state to
my person holding a certificate,
license, or diploma authorizing earn
>erson to teach in the public schools
>f any other state; provided, that the
;ertiflcate, license or diploma shall
»ave been originally Issued for and in
onsideration of qualifications at least
rqual to those required for e, certlfi
ate of the same grade in this state;
o-ovlded further, that the certificate,
iccnse or diploma shall be valid la
his state for the period for wh'ch
t shall have been lsaued in the state
where it was originally granted and
nay. In the discretion of the board of