The Birmingham age-herald., 1905-12-12
ANOTHER BARROOM
 CLOSED BY MAYOR Chief Executive Believes I. F. McNeill Has Violated the Law THE TOM SMITH CASE City Attorney Smith Holds That Those Who Gave Whisky to the Negro
 Are Guilty of Manslaughter.
 The Mayors Policy.

Mayor Ward believes that saloon men should use discretion as to whom nauor is dispensed, especially so far as eiVins away or selling intoxicants IS conceriieo' Saturday Tom Smith, negro, died from the effects of taking an excessive nuii'Def of drinks of whisky in saloon on the corner of Third avenue and Fourteentn street. This saloon has been closed by orders of the Mayor, pending an lnvesu- gation by Chief Wier.
 Yesterday afternoon the Mayor learned that A saloon on Fourth avenue had vlo- lated the law, and was in the habit of giving to negroes and other persons drinks on certain night, free of charge. Believ- ing this to be violation of the law Mayor Ward issued the following instructions to Chief Wier:
 .December Il, 1905. ..W. E. Wier. Chief City.
 Dear Sir-You are herewith instructed to close immediately the saloon at Mo- 1926 Fourth avenue.
 investigation developes the Tact that free drinking contests are held there every Friday night; also that it is run by the same men in charge of the saloon at Third avenue and Fourteenth street, which has just been closed.
 Saloon keepers of Birmingham must understand that license to sell liquors is not a permit to debauch or demoralize droves of ignorant and irresponsible ner groes Respectfully,
 .- "GEORGE B. WARD, Mayor. Immediately upon the receipt of the in structions Chief Wier. in company with Detective Murphy, visited the saloon specified and notified the proprietor, T. F. McNeill, of the orders issued by the May or. and further notified MT. McNeill that the saloon operated by him must cease business at once This the proprietor agreed to- As result the saloon was closed last night.
 Rigid Policy.
 Mayor Ward when seen yesterday after noon gave out the following statement in his own hand writing:
 "It is evident that the city will take rigid and prompt action with saloons which get up special features and enter tainments to draw crowds"
 The Mayors letters to Chief Wier in the McNeill saloon and the Griffith saloon
  and the friends of the chief executive state that his policy has been clearly marked out.
 The saloon of Red Griffith on Four teenth street and Third avenue still has dark doors in accordance with the in- structions issued by the Mayor to Chief wier MT. Griffith claims that he has ob- served all laws of the city since being in the saloon business and will be given chance to explain to the Board of Alder men at its next meeting.
 MT. McNeill had little to say other than that he acquesced in all orders issued by the Mayor. He denies that he was guilty of intentional wrong doing
 The Death of Smith.
 City Attorney E. D. Smith yesterday rendered his opinion as to the responsi- bility of persons who gave or allowed Tom Smith to drink forty-eight drinks of corn whisky. The opinion of the city attorney Is as folloys:
 Hon. George B. Ward, Mayor. Blrming- ham, Ala.
 Dear Sir-Replying to your letter in re- gard to death of a negro, Tom smith, which is herewith attached, I beg to ad- wise you that III ny JuuSiHeut tho pSiSo'i responsible for giving this negro the enormous quantity of whisky which he drank at the bar would probably be held guilty on a prosecution for manslaughter in the second degree, as the same is de- fined in section 4S60 of the Code of Ala bama and set out In form 61 of section 1923 of said code. Yours truly,
 ED SMITH, City Attorney. Shortly after the opinion of City At torney Smith was placed in the hands of Mayor Ward, Chief Wer issued instruc- lions to his men to arrest the parties whom it is charged gave the whisky to the negro. Whit Sparpe and Ben Cleve- land, both negroes, were arrested on charges of manslaughter in connection with the death of Smith, These men, 1t Is charged, gave or sold the whisky to Smith which caused his death. Cleveland was released on bond.