The Montgomery advertiser., 1908-04-21
CULLMANCASE COMES
FAMOUS PROHIBITION CASE IS DE-
 CIDED THURSDAY.
Fate of Two Hundred Men Depends From Supreme Courts Decision on Prohibition Case Coun-
 sci in City.

The much talked appeal of the case from Cullman county which VIII set- tie finally the fate of more than two hundred men who are under indtct- ment for violation of the general pro hibition law of the State will be filed Thursday with the Alabama Supreme Court Thursday oral arguments will be heard from both State and the ap- pellant
 This information was brought to Montgomery, yesterday by Colonel J. Bascomb Brown, of Cuilman, who spent the day in the Supreme Court library preparing the brief of the State in the Congressman. will appear for the ap- pellant
 The case to be decided Is that of Al. Richter V. State of Alabama in which Richter a saloon proprietor. of Gull man, was indicted last February for an alleged violation of the prohibition law. He with several others kept open tn cir saloons after January 1, 1908 not withstanding that before December F, 1907 the people of the county had voted liquor out by a good majority.
 Counsel for the State are contending that prohibition went into effect in Cullman county by a provision of the prohibition statute which put prohibi- tion into effect in all counties which had voted dry" prior to December 12, 1907 It is claimed that prohibition went into effect in Cullman on January 1. 1908.
 The main contention on which the appellant is resting his case is that the election on December last was in- valid in that 1t was held in less than thirty days after the same was ordered. Thus a different brief will be filed in this case from that which entered into Al~ nao Ia As1Nf AAa AA1 1.xrk kt.-. Supreme Court, upholding the prohibit tion law.
 Counsel for the State in the Cullman case, as indicated by Colonel Brown yesterday, will answer the contention of the appellants counsel by alludinE to that part of Justice McCIelian's opinion of a few days ago which left the inference that whether the elec- tions were invalid or not. or whether the law was unconstitutional or not. under which dry elections werc held. the mere expression of the peoples will under color of the law sufficed to put prohibition into effect in counties voting dry prior to necember 12 last.
 If the Supreme Court affirms the Judgment of the CuIlman Circuit Court which was a conviction of the aprei- lant the effect will be disastrous on the more than two hundred other ucp who are under indictment in Culiman County for similar violations. The sas looms are all open wide in Culiman to this day. and if their test case falls before the Supreme Court they have rendered themselves liable for sec- ond conviction. Tn the event of sec- ond conviction. the law allows no dis cretion to the presiding judge but he must impose the maximum penalty of A s1.O00 fine and six months at hard labor. The saloon men in Cullman are onerating under licerses which they obtained in regular manner from thS Probate Judge of the county.
 Colonel Brown said yesterday that there will be an adjourned session of tbe Culiman Circuit Court the first Monday in July. lie predicts that the nrohibition forces of the county will prosecute every alleged violator of the law if the case to be submitted to ths Supreme Court Thursday fails.
 ' The Supreme Court will be on the bench to hear the arguments of cases anpealed from counties of the Sixth Division. These are Bloupt, Cullman Favette. Jefferson. lamar, Marlon pickens, Tuscaloosa, Walker and Wins. ton.