The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1907-01-19
NEGROES WIN FIRST
BLOOD IN CONTEST
Judge Rules That Bessemer
Must Issue License
CASE WILL BE APPEALED
Thirsty Negroes Crowd the Court
Room-Dr. Grove Purchases Col
linsvile Mine-Mrs. S. E.
Judd Passes Away.

Bessemer, January 1S.-(Special 1.-The
negro saloonkeepers won first blood in
the litigation against the city of Bes-
semer this afternoon when Judge William
Jackson granted their petition for man
damus proceedings and issued a peremp-
tory writ to c. T. Cooke, city clerk, that
he issue license to the prosecutors in the
case.
The saloons of O. c. Clayborne. George
Mack and Mack King, j. c. Murphy and
J. b. Lopez will open their doors to-
morrow for the first time this week.
There will be an eager set around the
city clerks office when it is opened to Sc
cure the necessary license for the sale
of liquors.
The case was perhaps one of the most
interesting in many day and was square,
ly contested at every step. Attorneys
Scott and 7. T. Huey represented the
negroes. and City Attorney Ben G. Perry
and w. S. Welsh were on the defense for
the city. 1t took up the whole of the
day.
Never has the court room been so
crowded with such intense listeners
GNtly IHdll anu an SloiiuihS oPehSS 49,
taken up by negroes, most of them, men
who have been without a lounging and a
drinking place longer than they are usu-
ally accustomed. When the decision was
rendered they all glgled gave a sigh of
relief and smacked their lips.
The defense first made a motion to
quash, on the grounds that the rule nisi
did not designate T. c. Cooke as city
clerk, acting for the city, and ON other
technicalltles regarding the right and duty
of the petitioner under the license ordi-
nance. After a long argument and a
carefully prepared brief the motion was
overruled This was followed by de-
murrer Instituted by the defense without
avail.
The court then took up the hearing of
the case on its merits, and {. I. Cooke
WAS called upon to give reason for ms
failure to issue license to the negroes in
question. He stated that he was acting
under the instructions of the City Coun-
ell. Questioning brought out the fact
that he had not issued any license to a
negro this year,
burning the afternoon Aldermen Edge
and O'Garra, as well as Mayor Sullivan,
were put on the witness stand. The de-
Tense tried to prove that the cause for
which the licenses were denied was based
on the fact that the petitioners were In
capable and incompetent to run saloon
and not because they were negroes. The
witnesses stated that license had also
been denied to five white men on the same
grounds. The prosecution proved to the
satisfaction of the judge that thees reas-
ons were not sufficient and at o'clock he
granted the petition.
After consultation the city attorneys
decided to instruct Mr.. Cooke to issue
the licenses and to give security for cost
in case of j. B. Looper, which Will be
Immediately carried to the supreme court
as test.
In the meanwhile the Board of Alder
men will pass an ordinance at the next
meeting giving the Mayor authority to
close, by proclamation, all saloons which
are run in a disorderly manner and this
will practically answer for the same
thing, in case the negroes are not careful
in the future.