The Columbia herald. [volume] (Columbia, Tenn.) 18??-1935, 1901-08-30
DISSOLVED.
Chancellor Alternately Knocks Out the
SaIOOn-keepers' Injunction.
Supreme Court Has Decided That
Municipalities Can Pass ordi-
nances Closing Saloons
After Dark.

Following is the opinion rendered
by Chancellor Alternately in the In
junction case commonly known as the
= 80 law. On every point raised by the
saloon keepers the Chancellor decides
against them.
Bethel Hotel Co. ct al. VS. Mayor and
Aldermen Of Columbia, in Chancery
at Columbia, Tenn.
This cause was heard by the Chan
cellor at Chambers in the town CT
Pulaski on the 18th day of August
1901, upon the bill and exhibits thereto,
the answer of the defendants, and es-
pecially and particularly, upon the
motion Of defendants to dissolve the
! Injunction heretofore granted and
issued in this cause. and the argument
of counsel on both sides and the court,
not having sufficient time to dispose of
the motion on the day Of argument,
| the solicitors in the cause filed with
TIE court their briefs and citations of
authority in favor of and in opposition
TO said motion. And the Chancellor
having taken time to further consider
of his rulings and judgement in the
premises, is of opinion and declares,
| adiudges and DEGREES, as follows:
"First that the defendant, the
Mavor and Aldermen of Columbia had
under their Charter, the power to pass
the ordinance complained of in the
bill.
Secondly. that Ii was passed in
legal manner, after due deliberation
and in accordance with the require
ment of the Charter.
Third, that the said ordinance is
not unreasonable in its provisions re-
quiring all saloons and other places,
where intoxicating liquors are sold, to
be closed at 8 80 o'clock p. m. mas
much as it is dark, at that hour, at all
seasons of the year, and it is plainly
and directly adjudicated by the Su-
preme Court of this State that a munic-
ipality may pass ordinances fixing a
time for closing saloons AFTER DARK
and that such ordinances are not unrea-
sonable, oppressive or void, but that
the municipal authorities. under the
exercise of their police powers may
pass and enforce the same as a means
of regulating the business of saloon
keepers, in view of tine dangers threat
ening the peace. safety and good order of
towns from carrying on their business
after dark.
'Fourthly, the Court being of an
opinion, that the ordinance complained
Of, is a legal and valid ordinance
properly and legally passed by the law
making body OF the corporation, and
that our courts of Chancery have not
the power and should not exercise or
assume jurisdiction under their power
of injunction, to prevent the enforce
ment of such legal and valid ordinan-
ces and allow the same to be violated
at will by the citizens of the town, and
that the injunction in the case was
improvidently and improperly issued ;
1T is therefore ordered, adjudged
and decreed by the court, that the in
junction heretofore issued in this cause
be, and the same is hereby dissolved
and for nothing held, and that the de-
PENDANT the Mayor and Aldermen of
Columbia be left free and untram-
melled to enforce the said ordinance,
if they so desire, until otherwise order
ed on a final decree.
ANDREW J. ABERN ATHY,
Chancellor.
Pulaski, Tenn, Aug 81, 1901.