The Montgomery advertiser., 1908-01-03
O'CLOCK LAW HN EFFECT Only One Bar Restaurant Was Open. A TEST CASE EXPECTED City Attorney Holds Screens Are
 Sufficient. But Sheriff Says Indictments wili ne Brought Against All Such
 PIaces-Police Made
 Rounds.

But one restaurant that Is run in connection with a barroom was Kept open last night after o'clock, and, according to statement made by Sher- if Hood last night the matter Will De presented to the next grand jury A search of the business district after o'clock showed that only Yungs res- taurant was open. The bar was screened off as it is on Sundays with the city law.
 During the day the saloon men held n meeting, as was stated. but owing to 4he fact that neither Attorney Mcin- tyre or Solicitor Dent had been heard from. little headway could be made The proprietors seemed to be as much at sea as they were on the day before Even last night a proprietor of one of the places approached Sheriff Hood and asked him what action he would take if he kept his resta urant open after 9 o'clock. Mir. Hood told him that he would probably be indicted by the grand jury.
 Thinking that the one opinion given by Mir Dent few days ago was neces- sary to cover the case in full, Sheriff Hood did not ask for another. He thought from the communication of Mir. Dent that If the restaurants and pool rooms connected with bars were kept open after 9 o'clock. that it would be a fVlOIdtiOu or the AdW anu that He Wouiu take hand in the matter.
 Whether or not the saloonists intend to make o test case of it as every body but Yung's was closed for that purpose has not been stated by any of the proprietors but that was the only place open. No arrest was. made but Sheriff Hood will stand by the state ment he made earlier in the day that he would bring the case before the grand jury as a direct violation of the law.
 Soon after o'clock last night sew eral officers made the rounds of the city to see if the new act was being conformed to by the saloon keepers and they found every door closed tight. It was thought that several places would be kept open but the si- lence of MT. Dent and the declaration of Sheriff Hood evidently made a change in their plans.
 The screening of bars from restaur- ants and groceries and other merchant disc places is regarded by c. P. Me- Intyre, City Attorney, as he has stated in a communication to Mayor w. M. Teague, as sufficient barrier in the dark hours" of the saloons to consu; mate a compliance with the g o'clock closing law.
 MT. Mcintyre says that in the ab- sence of judgment of the law by the
 
 mine the exact ruling of the statute The object of the staute, he thinks is to prevent the sale of liquors be- tween the hours of 9 D., m and 6 a.ma and 1t is therefore probable that the screening of bars which has sufficed to consumate compliance with the Sunday closing law will be enough for the new statute.
 Two kinds of shops have been screened for compliance with the Sun day law; the one is the saloon the other the grocery. Several of~.-both kinds carried liquor licenses and con tained bars WheD Saturday midnight came the bars had to be screened with wire partitions and thus kept inviolate until midnight Sunday. In this way the business of the proprietor, aside from the traffic in malt. vinous or spir- ituous liquors, was undisturbed during the dark hours"
 Following js a copy of the letter which MT. Mcintyre sent to Mayor Teague and which Mayor Teague in turn communicated to Chief of Police W. H. Taylor:
 Montgomery, Ala. Jan. 2, 1908. "Hon. w. M Teague, Mayor, Montgom-
 cry, Ala:
 Dear Sir-In your letter to me of the 1st inst, you ask whether in my opinion the partitions heretofore em- ployed by keepers of bar rooms in con- nection with restaurants, and of gen. eral merchandise stores in connection with saloons, for the purpose of the separation of the same in observance of the Sunday closing law of the city of Montgomery, will comply in suffi- = cient degree with the provisions of the State law requiring bar rooms to close at o'clock p. m.'
 q win quote that part of the act of the Legislature. known as the g o'clock