The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1908-01-02
LOCAL OPTION LAW
To Be FULLY TESTED
viii Fight In Lownde5 and
CrenshaW Counties
THE EARLY CLOSING LAW
Montgomery Saloon Men Began Open
ing New Law Last ieht-Express
Company viii Observe
Anti-Shipping Act.
THE EARLY CLOSING LAW

Montgomery, January 1-(Speeial 1.-The
local option law is to be fully tested in
Lowndes and Crenshaw counties, the first
being prohibition by the general local
option act and the latter by special act of
the legislature. In both applications
were made today for license to run liquor
houses, which were refused. Immediately
preparation was made to mandamus the
probate judges to issue the authority, the
motions to this effect going before Judge
j. c. Richardson of the circuit court,
now sitting at Greenville.
In the case of Lowndes county the local
option act is alleged to be uneonstitu-
tional because it is local law passed
as a general act; also that it has many
other weak points In the Crenshaw sit
uation it is said that the local law passed
at the last session of the legislature was
not advertised four weeks as declared
must be done in such legislation. In both
counties the judge of probate refused the
applications on the ground that the laws
were approved and they had no right to
say them nay.
Peculiar resentment at the outcome is
felt in Crenshaw. In an election held
there Monday the people voted liquor out
by over 800 majority, the town of Luverne
voting 134 OF 26 against the sale. In 20
beats, which composes 9S per cent of the
vote, the figures were as follows: For
prohibition, 80; against, 119. Brantley,
where there is dispensary, voted dry
80 to 30; Rutledge, 92 to 3; and all other
beats in the same proportion. The law
became effective today.
The License Seekers.
The application for license in Lowndes
county came from Fort Deposit, by the
dispensary commissioners, F. NJ Coker,
w. r. Cassaday and C. M. Davis From
Hayneville, by saloon men, Dan Mccall
and j. H. Smith; from Letohatchie, by
saloon men, E. M. Rogers and A. j.
jenkins; from Benton, by saloon men, j.
M. Staggers and George f. Cowling.
They say that the local option law is
bad in that 1t is a local law passed with
out advertising and attempts to do too
many things also that the amendment
passed at the last session to section l
has no enacting clause
The application for license at Luverne
was made by the local dispensary COM
missioners, A. H. Revel, e. M Turner
and G. F. Kirkpatrick. They were rep
resented by John V. Smith of Montgom-
cry, former president of the Alabama
railroad commission. F. M. Tankersey
probate judge, refused the license, and
he will take the same action in the ap-
plication from the dispensary at Brantley,
expected later in the day. 1t is also like
ly that saloon men at Dozier will be
treated in the same way, as they are ex-
pected to apply later in the day.
Early Closing Laws.
Montgomery began closing saloons
early tonight, though it was held by the
Mayor that places might stay open as
usual, the Interpretation being that the
law became effective from and after
January L. However, many felt that it
would be safest to begin at once.
Express Agent Shoemaker gave it out
today that the law against shipping
liquor from wet into dry territories will
be observed, no jugs being so sent where
the officers are posted. In order to be
fully posted a letter has been sent to all
agents, giving the list of counties that
are now prohibition thus keeping down
any errors along this line.
Forestry Commission.
The Alabama forestry commission will
be organized January at a meeting
to be held in the office of the governor.
John L. Kaul has been appointed men,
Der. The board will be made up of Gov
ernor Conner, Game and Fish Warden
John II. Wallace, Jr Tax Commissioner
j. b. Powell, Commissioner of Agricul- |
ture J. A. Wilkinson and the professor of
forestry at the Polytechnic institute at
Auburn.
Reorganize Military.
An order has been issued by the gov
ernor for the general reorganization of
the state guard, in line with the law of |
Congress known as the Dick bill. The |
order is in effect January q. 1t provides !,
for a general overhauling of the forces, |
putting more men in each command and |
giving the commands better equipment |
The law providing that foreign corpora
tons pay a license of $40 year to do |
business in the state is now in effect |
There are about 500 which will be liable |
for the fee.
New Laws In Effect.
The new mutual aid laws are in effect. ,
They require that companies writing |
this class of business put up securities as |
follows: Glass l, $1,000; class 2, $4,000, and |
class s. $4,000. Under the old laws the |
only deposit was $1,000, but many of the |
companies were writing too much for this |
security.
Merchants Fail.
S. j. Bradley of Abbeville and w. S.
Smith, merchants, are in the local bank
rupt courts by voluntary petitions. The |
schedules are as follows: Bradley, liza
bilities, $4,000; assets, $685., Smith, liabil-
tiles, $685.; assets, $3.50.
Child Burns To Death.