The age-herald., 1899-03-26
DECISION IN
 THE ENSLEY CASE Judge Coleman Denied the
 Mandanus IN LIQUOR PROCEEDINGS
Refuses to Compel the Probate Judge to Issue License-The Case Will Now Be Taken to the
 Supreme Court.

Judge Coleman yesterday rendered his de- cison in the case of the state of Alabama, ex-rel., Cummings, vs. J. P. Stiles, probate judge of Jefferson county, denying the man damus and dismissing the petition. The petitioner applied for license to sell liquor at Ensley City, which was recently incorporated under the general laws, but was refused on the ground that Ensley City was in prohibitory limits prescribed in an act of 1881 prohibiting the sale of liquors within three miles of Pratt Mines school house.
 An appeal by petition for a writ of man. damus to compel the probate judge to issue the license was made in the circuit court, with the result that the mandamus was de- nied.
 The petitioners will carry the case to the supreme court, having already filed notice of appeal.
 Full Text of Decision
 Judge Coleman has had the case under consideration for several days, and deliv- cred the follow. opinion:
 'The able and exhaustive arguments of the learned counsel in behalf of the petition for mandumus in this case have challenged most serious consideration
  aimed the authorities sumitted with due care, and especially considered the con tentfon in reference to the construc- tive repeal or suspension of the act pro- hibiting the safe of vinous, spirituous or malt liquors within three. miles of Pratt Mines school house, found in ses- sions acts of 1dJ0-Sl, page S97, also the force and effect of the statute approved 16th day of February, le99., entitled an act to prohibit the sale of vinous, spirit ous or malt liquors, intoxicating bitters or cordials, etc., in all places in Jeffer- son and other counties except in in- corporated town and cities having police regulations, and the amendment thereto, The arguments in favor of the petition are forceful, but after due eXamina- ton l am satisfied that every point of the contention has been passed on by our supreme court, and is no longer an open question.
 Tn the case of Love vs. Porter nine third Alabama, report 3S4, Justice Me- Clellan, in an able an exhaustive opin- ion passed on every point involved in this case, sustaining the validity of ev- cry act cited herein, and allowing all to stand in harmony, without violating the sound principles of construction. That case and the one under considera- t:oE cover identieally the same specified territory, and the construction of the identical statutes involved in this con- tention, assigning to each its proper scope. The decision therein must be decisive of the issue in this case, and necessarily controls my action. The writ of mandamus is denied and the petition dismissed"
 Bessemer Division
 Judge Coleman, Solicitor Charles Fergu- son and Walter K. McAdory, clerk of the circuit court, will go to Bessemer tomorrow morning to organize the spring term of the Bessemer division of the court, which con- venes at 12 o'clock.
 grand jury will be organized in charge of Solicitor Ferguson, but the civil docket will be taken up during the first week. Deputy Clerk E. A. Dudley has every thing in readiness for the term.
 Deputies Hillhouse and Hickman of Sher- if O'Brien's office will act as bailiffs.