The Birmingham age-herald., 1907-12-30
COnstitutisna|iy of New Stale Law May Be Tested In
 the Courts
CLUBS CANNOT PROVIDE
 LIQUORS FOR MEMBERS
Saloons In Atlanta Will Close Tomor. row Night at 10 O'Clock Prompt. ly-Breweries Will Make
 Soft Drinks.

Soft Drinks.
 Atlanta, December 29.-With the advent of the new year the law preventing the manufacture and sale of intoxicating liquors. passed by the last session of the legislature. becomes effective, making Georgia the first of the southern states to be placed in the prohibition column. The law is very drastic in it's prohibition and prevents the keeping or giving away Of liquors in public places and imposes tax of $500 on clubs whose members are allowed to keep drinks of an intoxicating nature in their individual lockers.
 Notwithstanding the passage of this law there is some agitation to have 1t declared unconstitutional and 1t is known that prominent firm of lawyers has been asked to test the merits of the legisla- tion. This action may be brought in the United States courts In the course of the next month, and 1t Is asserted will be based on the fact that the constitution of Georgia specifically provides that all rev. enue from liquor licenses shall be used for the school fund. This matter has been under consideration for some two months, and has been in the hands of the best constitutional lawyers in Georgia
 Several million dollars are involved In a property loss in the state by the oper- ation of the prohibition law It is esti- mated toddy that Atlanta alone would lose in license taxes s135,6l2, and that the property value of saloons and breweries here which will go out of business on January 1 Is from s1.OO0OO0 to si,500, GOO. For the rest of the state the property values involved are about $5,Oo000O. It Is estimated here today that 10000 persons are affected In the way of employment in the state and that Atlanta alone has somo 15OO persons who will lose their work When January l rings its bell on the sa.e of intoxicating liquors.
 Will Be Enforced.
 That the prohibition law will be en- forced there is no question. This Is not the country of the speak easy, and when the police have their laws they enforce them to the limit. Governor Smith and the city court officials have been frank in their statements that they intend to enforce the law and that no fines would be imposed for the Illegal sale of liquor. but that prison sentences would follow the violation of any part of the prohibi- tion act.
 One peculiar feature of the law is that not even the incorporated clubs are al- lowed to provide intoxicating drinks for their members either with or without food. A man may have locker In a club and keep whatever he pleases in this locker. but a club having such lockers Is subject to excise tax of $500 q year. Another feature of the law is that the man may not even in his club invite friend to join him in drink. The only way he can evade this is by leaving his locker open that an acquaintance may have access. Several of the clubs in Geor- ga have taken out their excise tax li- cense and are providing lockers in their rooms, but many of the more prominent clubs have declared that they will go one better than the law and prohibit the keeping of liquors within their doors.
 The constitutional law of Georgia in its provision for school maintenance Is very specific, according to one Atlanta lawyer. -ahestion arises, where the funds for the public schools will come from and 1t Is said that consid- erable increase in the tax rate may re- suit
 Previous to the passage of the proti- bition bill, of the 14S counties in the state only II allOWtu lne Sdlt oI under license and four or five others through dispensaries controlled by tho counties. the giCat majority having earlier voted for total prohibition.
 Will Close Promptly.
 In Atlanta the police authorities have prepared to close every saloon on 15 minutes notice, but this has not been found necessary and Chief of Police Jennings said today that from ms re- ports he thinks there will be no need for shutting the bars until the nnal call at 10 o'clock on Tuesday night.
 Some of the hotels have reconstructed their bar rooms into ladies tea rooms and soft drink establishments. Many saloon men posted notices that they will move to Chattanooga, or some oth- CT city within a district where prohi- bition has not laid it's hands
 The fight for prohibition was actlVe- ly lead by the Anti-Saloon league, ana while 1t finally passed by an over whelmine majority. it was only after the hardest fight, involving lengthy de- hate and fiery speeches. It Immediately received the approval of Governor Smith. who had previously pledged him. self to sign 1t.
 Alabama. one of Georgia's nearest neighbors is soon to follow Georgtas lead the legislature of that state hav- ing passed a statutory prohibition at it's last session. which becomes eHec- five January 1. 1909. Birmingham, one of the chief cities of, and many coun- ties of that state have voted out the saloons on January 1, next, leaving only a few places where liquor can be sold up to January l, 1903.
 Governor Smith Talks.
 Governor Hoke Smith made this statement to the Associated Press to- night:
 "There is nothing in the effort to at tack the prohibition law on account or inc constitution" special liquor taxes to school purposes. The constitution authorizes but does not require spe- cial liquor tax.
 ."The properties which quit the liquor business are not lost. The breweries are prepared to manufacture Ice anu