The Montgomery advertiser., 1907-07-13
HOURS CHANGED 10
 VARY WITH CITIES
uobDe, Msntgsmery and Birming.
 ham to Close at 3,
0heFroA Anti-sAippiAe Dill Q Takeu tsOn tho Adverss Calenaar ana Made Special Order fer Tues.
 Gay Neon by UDDer
 House Solons.


 marching on in the Senate yesterday and there was naught to stop 1t. The anti-jug bill was taken from the ad- verse calendar with every prospect of its passage and the Six O'Clock Clos ing Bilr' was passed in an amended form.
 It was in short . field day for the temperance people. The Senate Is more for prohibition than it was in the winter session, if that were possible The 6 o'clock closing bill. of which Senator Lusk is the author. passed in Q form which provides that the cities of Birmingham. Montgomery and Mo bile must close all saloons at g o'clock at night. Cities of the second class. those having a population of less than 15,000 and more than 5000, must close at o'clock. Towns having a popula- tion of less than 2.500 must have their saloons closed at 6 o'clock, while towns having a population of between 2.500 and 5000 will fix the closing hour at 2 o'clock.
 The sherrod anti-jug bill. after it had been called from the adverse cal endar. was made a special order for Tuesday at 12:30 o'clock. The anti shipping bill had been passed by the House at the winter session. but the Temperance Committee of the Senate
 
 went on the adverse calendar.
 The bill proposes to stop the ship ment of whiskey into any prohibition territory. The objection to the bill which beat 1t in Committee was that dealers in other States. under the pro- lection of the interstate commerce law, could ship all the whiskey they could sell into any prohibition territory. while the Alabama wholesaler, who had paid his license in his own State would be stopped from competing with his out of the State rival. The merit in this argument appealed to a num- Der of the Senators and the bill hung fire in the Committee until the March adjournment.
 Work Was Redoubled.
 When the Legislature quit and its members went home. the Anti-Saloon League. which has been directing the agitation for temperance in Alabama. redoubled its efforts It gave new en- erRy to the ministers who had been assisting in its fight in arousing senti- ment.
 There was hardly a congregation in the State which did not hear a tom- perance sermon during the recess There was hardly neighborhood in the State in which a petition was not circulated calling upon the Senate to pass the Sherrod ti-shipping bill .
 
 church. they were handed around on the streets. Every man who could do so. was urged to send a letter to his Senator urging action on the anti ship- ping bill.
 The fate of the bill was. therefore, ture reconvened for its July session.
 senator Gardner opened the engage ment yesterday morning. He went at the matter as if 1t were a legal uues- tion and he was expected to throw some light on 1t in the Supreme Court. The objection which has been in the way of tue bill was a legal objection. and the most effective thing inc Friends of the measure could do would De 10 remove the legal objections. Ef- fective argument had been made against the bill on the grounds thai while 1t would stop the Alabama deal CT from doing jug trade, it could not possibly stop the out-of- State dealer shipping 1t into prohibition territory in Alabama. !" MT Gardner approached his subject fortlhed by court decisions. He had on tuesday served notice on the House that he proposed Friday at noon tn take the bill from the adverse calen. dar and at that hour he rose with his authorities in his hand. He was tbero 10 make an argument to supstantiate ms claim that the out -of-State deaIer could be reached by the law as well as the in-the-State dealer
 Legal Authorities Discus..a
 He first discussed the Moor case which had been decided by the Aiaba ma supreme Court and which had arisen In the County of Monroe. MT. Moog. a. travelling salesman. had been arrest. ed and convicted for soliciting orders TOT whiskey to be delivered by Pen sacola whiskey dealer. His defense was that his arrest and conviction was In violation of the law governing In- terstate Commerce The Supreme Court sustained his contention. Senator Gard nar read and discussed this Alaba ma decision and declared that 1t expressly lntimated that the the court would look to the United States Supreme Court for another ruling on this case
 senator Gardner then presented de- cision rendered by the Supreme Court In the Delamatta case. which arose in South Dakota The decision was rem dered under the Wilson Act, passed by Congress and affecting Interstate Com merce.
 Delamatta had gone into prohibition territory and solicited orders for whis- key to be delivered. Under the act. it was claimed that the State and county had the right to say what license an agent should pay or whether there should be license.
 The highest court held that to have prevented Delamatta from doing busi- ness was not violation of the laws regulating commerce between the States.
 From that decision Mir. Gardner arr gued the State of Alabama could cer- , tainly prevent any agent from going into prohibition territory and soliciting orders. He contended that the State could forbid and punish any man for doing that. He did not contend that Alabama could prevent any man from writing to some other State and have whiskey shipped to him. but it could put the agent out of business He clos ed with an impassioned plea that the temperance sentiment of the State should be respected.
 Senator Spragins of Madison said that in view of the decisions that MT. Gard