The Birmingham age-herald., 1907-08-18
JUDGE DECIDES
 KN0TTY QUESTION
Prohibition Gets a Jolt in State
 in Oklahoma
NEW DRINK JIS POPULAR
Hawatha Is the Popular Beverage In the New State and Is Much Like Beer-State Campaign
 Opens In Earnest.

Guthrie Ok, August 17.-(Specal)-
 Judge Gillette's action in deciding that
 a newspaper publisher can be compelled
 to publish notices of application for liquor
 licenses means that there will be q sharp division on that question when 1t comes before the Oklahoma supreme court, as Is probably will at the next term. Jus tice Irwin and Chief Justice Burford
 have both held that a writ of mandamus could not be granted in such cases and Gillette is the first one to take the op-
 posite view.
 His decision was rendered in the ease of J. G. Groomer vs. the Anadorka Trib-
 une He held that because of It's public
 nature and that it was operating under
 charter granted by the territory of
 Oklahoma, the paper was compelled to
 accept the business offered, especially un-
 der the requirements of the statute gov
 erning the securing of saloon licenses. Jolt to Prohibition. As the law requires the notice to be published in tho two papers or largest
 circulation in the countj. Ii one of those papers refused to publish the notice and
 could maintain its position 1t could put
 all of the saloons in the county out of f business. The Gillette dicson Is q hard
 blow 10 the anti-saloon forces, who had made Payne county entirely dry" by this means and hoped to follow the same plan in other counties.
 Another jolt to the prohibition ele- ment and especially to "Pussyfoot" Johnson the governments official booze
 exterminator in Indian Territory, was
 the decision that "Hiawatha," the latest
 of the near-beer products 10 be placed on sale in the Indian Territory is not
 intoxicating. and that its sale Is no. d
 violation of the law. "Uno,'' ''Tintop,'
 "Mistletoe," "Longhorn," and others of
 the same family have all been put oiit
 of business by MT. Johnsons efforts. but "Hiawatha" s apparently there to
 stay
 New Drink Invented. It enjoyed an especial boon oar!ng tbs recent republican state convention when
 1t was the only thing that the tblrsty souls who constituted the convention were
 able 10 obtain. With practically the same taste beer. it is said 10 produce only the headache without the exhiiaration. which would ordinarily preeede it. The 5lhlus or the new uflnk Was OiHfldily tS- tablshed in the case brought by the gov ernment against \. 0. Jones of Tulsa. 1ne government attempted 10 prove that Hiawatha contained more than 2 per cent l of alcohol. but the two chemists intro | dueed as expert witnesses varied so great | ly in their anaylses that the point could | not be considered proven. The fact re- 1 mains that it Is filling the long felt want, | and the bootleggers who have been oper- | ating from Keystone. Cleveland. Stroud 1 and other Oklahoma towns, who have l been enjoying lucrative, though some , what hazardous beer trade In Tulsa and l other towns of that section now com
 plain tnat their business has fallen almost | to nothing.
 How Shipment Is Made. While the railroads have all agreed not | to accept shipments of alcoholic liquors, whether above tho ? per cent standard or l not into the Indian Territory, they will accept these contraband articles for ship | ment through the Territory. Accordingly l the men who are handling the thirst | auenchers have 1t billed to joints just | tho Oklahoma line that if will