The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1907-02-13
NO SALOONS WILL
Be OPEN MONDAY
Mayor Has Power to Close
Them PeremptoriIy
TECHNICALLY OF NO AVAIL
If Man Opens for Business Next Mon
day He Stands Danger of Having
License Permanently
Revoked.

The rumor yesterday to the effect that
whisky would be sold in Birmingham
next Monday, the day of the municipal
primary, was judged preposterous and
absolutely ridiculous by Mayor Ward.
He considered it absurd that the whisky
men might fagrantly disregard the state
law, restraining the sale of liquor on the
day of an election. He states positively
that no whisky will be sold in Birming-
ham from the hour of closing Saturday
night until the regular hour for opening
business Tuesday morning. Any proprie-
tor who attempts to do otherwise, will
be instantly put under arrest.
The rumor had some foundation. 1t is
remembered that during the last election
the police made several arrests for al
legged infringement of the state election
law, namely, selling whisky on the date
of the primary. These cases were tried
before Judge Feagin, and the defendants
were not fined, the judge ruling that
under some technicality, no fine was per-
missible Then came the rumor to the
effect that because these defendants were
not fined the saloon men might disregard
the state law regulating the sale of in
toXicants on the day of the primary.
The Mayor is glad that the city is not
solely dependent on any state law in
which able lawyers are able to find flaws
and means of escape through technical
tiles. He is glad of the arbitrary power
that is vested in the Mayor, and this
arbitrary power, he says, he will not fail
to exert. If any saloon proprietor opens
his doors he will be arrested and his
place of business ordered closed until the
subsequent meeting of the council. At
that meeting the Mayor will insist that
the doors be kept closed. On this sub
ject Mayor Ward said yesterday:
Mayor Talks on Subject.
"There seems to be some controversy
as to whether or not liquor will be sold
in Birmingham op the day of the cleo
ton. As matter of fact, this rumor
is absurd on the face of things. There
will be no sale Of whisky in Birmingham
on next Monday. I will say right here,
to put an end to this promiseuous and
ridiculous circulation of a rumor which
can have no foundation. and with an OBJ
ject in view. that the saloon men might
understand the situation, and not be de-
ceived, that any saloon proprietor who
opens his doors after the hours of clos
ing Saturday until Tuesday morning, viii
be placed under arrest and his doors will
be closed peremptorially, to remain closed
until the following meeting of the City
Council At that meeting the aldermen
will pass on the status of the case. [
viii advocate that sucn doors be kept
closed indefinitely, that is, that the Ii
eense be revoked for a fragrant disregard
of the state election law.
Not Dependent on State Law.
Fortunately, the city of Birmingham
and its people are not solely dependent
ON any state law governing the regula-
ton of the saloon traffic 1t matters very
little, therefore, If lawyers do find tech
nicalities and flaws allowing defendants
to go free. The charter of the city gives
the Mayor power to arbitrarily close any
such place when he considers that the
peace and dignity of the city demand.
The Mayor will exercise that power. 1t
will not require any hurried up ordl-
nance to prevent the sale of liquor in Bir-
mingham on the day of the primary"
Today the Mayor will issue Instructions
to Chief Wier to arrest any saloon pro-
prietor who attempts to do business next
Monday and to close his place of bust
ness.