advertisement shall sell the right of all interested persons in and to said conveyances, vehicles and other property who aided or assisted in the illegal transportation or who had knowledge or notice thereof, or could by reasonable diligence have obtained knowledge or notice thereof. The proceeds of the sale of any such property forfeited to the State, whether sold by court decree of by an officer under advertisement, shall after paying all expenses in the cause, and of advertisement, as the case may be, including the costs of seizure and of keeping the property pending the proceedings, shall be applied as follows: One-fourth to the officer making the seizure and furnishing the proof, but if proff be furnished by another person than the officer making the seizure, one-eighth of the proceeds shall go to the furnisher of the proof and one-eighth to the officer making the seizure, and assisting in the condemnation case, or who makes the sale under advertisement. (2) The remainder of the proceeds shall be paid into the treasury of the State as a law enforcement fund to be used and applied for the enforcement of State laws under the supervision and control of the governor, same to be paid out on warrant of the auditor on a bill against the State approved by the attorney general and the governor. That any contraband vehicles, including automobiles, heretofore seized under existing laws, as having been used in the unlawful transportation of any prohibitive liquor, may be condemned and sold, or may be otherwise disposed of under the procedure prescribed by this act as the case may require, and the proceeds of sale be distributed and applied to and for the purpose herein prescribed; all receptacles of prohibitive liquor such as hand bags, suit cases, or trunks, which have been seized in law enforcement, and which are in the custody of any person or officer, after conviction of parties from whom seized of the violation of the law in respect thereto, shall be sold, after notice of sale by advertisement in a newspaper published in the county for ten days in a daily paper, or for two issues in a weekly paper, and the proceeds of the sale be paid into the city treasury, if sale is made by a city officer or custodian of such contraband seized by city officers, or to the law enforcement fund in the State treasury created by this act, if made by any other officer or custodian. In cases of all contraband property, under the laws of Alabama, growing out of prohibitory laws or their enforcement, there shall be a remedy by bill filed in the name of the State by the officer or other person in accordance with any provisions of this or other prohibitory acts in the name of the State, to secure a decree, sale and distribution of the proceeds in accordance with the provisions of this act. This clause being adopted to provide a remedy in all cases, to secure the disposition, sale or destruction of contraband property, because of a violation of any prohibitory laws. Provided, however, if the arrest and seizure of such property is made by an officer or

employee of any municipality of this State, that such municipality shall receive one-half of the remainder of the proceeds derived from the sale of such property, after the cost and expenses (including payment to officers and informers hereinabove provided for) are paid. The said portion of the monies derived from such proceeds shall be paid into the treasury of such municipality, and used and applied as a law enforcement fund, under the supervision and control of the governing body of such municipality, and the remaining half shall be paid to the law enforcement fund in the State treasury.

Sec. 132. It shall be unlawful for any person to give away the essence, extract or tincture of Jamaica ginger for beverage purposes, or for any person, except a druggist or proprietor of a drug store, who is entitled under existing laws to sell alcohol for medicinal purposes upon prescription of a physician, to sell or dispense the essence, extract or tincture of Jamaica ginger, and the said druggist or proprietor of a drug store shall act only upon the prescription of a regular authorized practicing physician, all in accordance with the rules and regulations prescribed by law for the furnishing of prescriptions of alcohol for medicinal purposes, with the same limitations and restrictions in all details and particulars.

Sec. 14. That in order for the governor to perform the duties imposed upon him by the Constitution, that he shall take care that the laws be faithfully executed, he is hereby made the executive head of the law enforcement machinery of the State and is charged with supervising and directing the enforcement of the laws of the State for the promotion of temperance and the suppression of the evils of intemperance, and he is authorized to supervise, direct and give orders to any and all officers of the State or of any county in the State, in regard to the exercise of their powers in the performance of their duties in respect to the enforcement of said laws. And the governor may, as he deems desirable, call upon said officers for reports to be made directly to him, concerning any action they may have or may not have taken in enforcing said laws, and for reports concerning conditions that may exist, calling for increased diligence in reference to said law enforcement, and all such officers shall strictly obey his orders and directions and make any reports called for, and in the event of a failure to do so, or to carry out any instructions of the governor in respect to the enforcement of said laws, shall be guilty of a misdemeanor in office and may be punished, on conviction, by a fine of not exceeding $50.00 and by imprisonment not exceeding twelve months at hard labor for the county, to be fixed in the discretion of the court or judge trying the case. The governor is also authorized to appoint and employ inspectors or secret service men, or such other persons as he may deem necessary for the purpose of detecting and reporting upon viola

tions of said laws, or any of them, and to contract with them for reasonable compensation to be paid by the State for their services. He is also authorized to offer a reward to all sheriffs, constables or other persons in his discretion, who will bring about the conviction of any person for the violation of said laws and particularly for the violation of the laws against the manufacture of prohibited liquors, and may state the amount that will be paid out of the State treasury to any officer or person who may secure the conviction of any one guilty of the offense of illicit distilling or other violation of said laws to be made by the governor, and in the event such reward or rewards are earned, the same shall be paid by the warrant, drawn by the auditor upon the State treasury or the law enforcement fund therein, provided by this act as the governor decides upon a bill presented against the State for the reward, stating the facts and circumstances which the claimant puts forward as entitling him to the reward, when the said bill is certified and approved as being correct by the attorney general of the State and is also approved by the governor. The governor may require the attorney general in his discretion to prepare instructions to the officers of the State, counties, or municipalities to aid them in enforcing this and other prohibitory acts to be published and distributed at the expense of the state, as directed by the governor.

Sec. 15. That any person, firm or corporation who shall within this State distill, make or manufacture any alcoholic, spirituous, malted or mixed liquors or beverages, any part of which is alcohol, shall be guilty of a felony and upon conviction thereof, be punished by confinement at hard labor in the penitentiary for not less than one year or longer than five years, to be fixed within these limits by the court or judge trying the case.

Sec. 16. The provisions of this act in respect to the transportation of said liquors into the State, shall not apply to shipments transported by any railroad company as a common carrier of unbroken packages in sealed cars in continuous transit through the State from one point outside of the State to another point outside of the State, but this act shall be construed to prohibit any person operating an automobile or other vehicle of transportation or any other agency from bringing into or transporting through this State any prohibited liquors or beverages except by a railroad company under conditions above stated.

Sec. 17. If, for any reason any section, paragraph, provision, clause or part of this act shall be held unconstitutional or invalid, that fact shall not affect or destroy any other section, paragraph, provision, clause or part of the act not in and of itself invalid, but the remaining provisions shall be enforced without regard to that so invalidated.

Sec. 18. That no repeal or superseding or modification of any existing law or provision thereof resulting from this act shall effect any existing right, remedy, defense or liability incurred or

any action or prosecution, civil or criminal already commenced. or which may hereafter be commenced for any offense already committed, or any action or prosecution enforcing a right, penalty or punishment under such repealed modified or superseded law, and as to all such cases the law in force at the time of the taking effect of this act shall continue in force.

Sec. 19. That this is a supplemental act and does not constitute a complete revision of the laws upon the subject matter involved, and that all acts or parts of acts for the promotion of temperance and the suppression of the evils of intemperance in conflict with this act are repealed and, modified only to the extent of such conflict; and all the provisions of this act are by the Legislature deemed necessary to prevent evasions of the law against manufacture and sale of prohibited liquors and beverages.

Sec. 20. That any person who violates any provision of this act shall be guilty of a misdemeanor when not otherwise expressed, and shall be punished as prescribed in this section, if not otherwise expressed herein. Any physician who issues any prescription containing any false statement, or who fails to comply with any requirement of the law in regard to the giving of prescription for alcohol to patients, or who uses alcohol except for authorized purposes, shall be guilty of a misdemeanor and shall be by the judgment of the court disbarred from the practice of his profession for one year in this State upon conviction, in addition to the other penalties prescribed. Any person who shall sell any wine or alcohol in this State for any purpose other than allowed by law, or who shall fail to comply with any regulation respecting the sale, delivery or use of alcohol or wine, or who shall receive, have in possession or possess, any alcohol or wine, except as authorized by the law of the State of Alabama, and for the purposes as prescribed by law, shall be guilty of a misdemeanor and any other person who offends under any section of this act, except in cases where other punishment is prescribed shall on conviction be punished by a fine of not less than $50.00 or more than $500.00 and they may also be imprisoned in the county jail or sentenced 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 which may be imposed, the convicted party shall be confined to hard labor for not less than three, nor more than six months, to be fixed by the judge or court trying the case.

Sec. 21. That all the existing remedies for enforcement of existing laws for the promotion of temperance shall apply to enforcement of this act and that this act shall take effect from and after its passage and final enactment into law, the public welfare requiring it.

Approved January 25, 1919.

No. 8.)

(H. J. R. 22-Waddell.

HOUSE JOINT RESOLUTION

Memorializing Congress to retain the School of Training in the use of small arms and tanks at Fort Benning in the State of Georgia.

Resolved by the House of Representatives of the Legislature of Alabama, the Senate concurring:

That the Congress of the United States of America is hereby respectfully petitioned and memoralized to retain the established school of training in the use of small arms and tanks at Fort Benning in the State of Georgia; and that a copy of this joint resolution be forwarded to each, the vice-president of the United States, the president of the Senate, the speaker of the House of Representatives, to each senator from the State of Alabama; to each senator from the State of Georgia, and to each representative in the Congress from the State of Alabama and from the State of Georgia.

Adopted by the House and Senate January 28, 1919.

No. 9.)

AN ACT

(H. 5-Merritt.

To create the Alabama Memorial Commission, to prescribe its powers and duties, and to make an appropriation in aid thereof.

Section 1. Be it enacted by the Legislature of Alabama that there is hereby created a commission, to be known as the "Alabama Memorial Commission," to consist of the governor, the attorney general, the director of the Department of archives and history, president pro tem of the Senate and the speaker of the House of Representatives, all ex-officio, and twelve other persons to be appointed by the governor.

Sec. 2. The governor shall be president, and the director of the department of archives and history shall be secretary and historian of the commission; a careful record of its proceedings shall be kept, an annual report to the governor to be made, to be printed as other official reports, and it is empowered to adopt rules for its guidance and for the execution of its powers herein proposed, and eight members shall constitute a quorum; and the members shall serve without compensation, other than reimbursement for traveling and living expenses while in attendance upon the meetings of the business of the commission.

Sec. 3. The commission shall have full authority and power, and it shall be its duty, as early as practicable after the approval