Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1885-12-02
ATLANTA PROHIBITION.
An injupctisn Restraining che Announcement
OF the Veto.
Especial telegram TO the Dispstch.l

Especial telegram TO the Dispatch.l
ATLANTA, GA, December L.
Judge McCay, Of the United States
Court, last night granted an injunction
restraining Ordinary Calhoun from
counting, consolidating, and declaring
the vote on the recent prohibition cleo
ton. The bill filed by the attorney
praying for the injunction covers thirty
pages Of closely-written legal cap, and
contains a complete history Of the pro-
hibition legislation Of Georgia from CO.
lonial days up to and including the
local-option bill Of September ls, 1883.
The bill was filed by Simon We'll,
trustee for Percy l.. Nusbaum, Samuel
Nusbaum, and Berthold Nusbaum. un-
der the last will and testament Of Simon
We'll, late Of Laport, Ind, as trustee ;
Paul Jones, and Cox. Hill 4 Thomp-
son. and is against Ordinary Calhoun
and the Atlanta City Brewing Company.
1t prays that the Ordinary may be per-
petually restrained from announcing
the result of the vote, and that he be
temporarily enjoined from so doing un-
til the bill can be argued.
The bill takes the grounds that the
local-option law is unconstitutional, and
that everything touching that law since
its adoption is unconstitutional. Ii re-
cites the fact that when the local-option
bill was passed by the Legislature it
was provided that it should be publish
ed on certain days, but that it was
printed on dates subsequent TO those
ordered that it is unconstitutional be-
cause it interferes with the interstate
commerce laws in this, that it will pre-
vent the sales within the State Of wines
made outside the State that it dis
eliminates in favor of homemade wines
as against foreign wines. because it
prohibits the sale Of the imported goods.
while it allows the sale of Georgia-made
wines. Referring to the recent election.
it declares that it was wholly illegal
illegal because it was not advertised, as
provided by law, forty days before being
held; illegal on several other grounds
stated. The bill declares that the
election within itself was illegal,
because those precincts voted which
had no right so TO do. 1t also says
that the law distinctly asserts that
there shall be only one polling-place in
each precinct, and that each polling
place shall have three managers; that
the county commissioners alone have
the authority to govern and direct cleo
tiOns ; that Ordinary Calhoun, in cham
bers, without the concurrence Of the
commissioners, gave authority for three
ballot-boxes at each precinct.
The bill then declares that these
boxes were so remote from each other
that each one had but one manager,
and that a man could vote but in one
box no more than if they had been
separate polls; that these three boxes
virtually made three pOlling-places in
each precinct. which is wholly illegal.
and that the election consequently is
null and void.
The bill recites the fact that section
45G5 Of the Code says " 1t shall not
be unlawful to make or sell wine in the
State" and that this had never been
repealed even by the pretended local
option bill.
The bill was presented to Judge Nc
Cay by Hon. Willis A. Hawkins, Judge
Tompkins, Mr. Julius l.. Brown, Mr..
Albert Cox, Mr.. Tom Glenn, aud Mr..
Alex. King. and temporary injunction
was granted restraining Ordinary Cal
hOun from consolidating and announcing
the vote until Tuesday the Sth instant,
when the final argument will be heard.
Colonel W. l.. Calhoun, ordinary of
Fulton county, was asked: Have YOU
heard that Judge McCay has granted a
temporary injunction against the decla-
ration Of the vote on prohibition?"
YES" replied Colonel Calhoun.
What are you going to do about
it,"
Officially, cannot say. The paper
has not been served on me yet. shall
postpone any action on my part for one
week. The injunction will be heard on
its merits OH Tuesday, December Sth,
and ! will delay a declaration Of the
yoto until oftar that Jata