The Montgomery advertiser., 1908-01-03
TAKES A HAND IN PULLMAN Governor and Judge Speah Talk of Allan. MAY HAVE SPECIAL TERM Judge Burke Issued Licenss to
 Saioonkespefs. The state Authorities wnl Probably Interfere to Prosecute All Who
 Sell Liquor In

Serious complications for the liquor
 dealers involved may develop out of the decision of Probate Judge R. I.
 Burke of Culiman County that the To- cal option law Is unconstitutional, af- ter which he issued licenses to the liquor dealers of CuIlnan. nine of which are alleged to have sold whiskey on January 1. after the law was sup
 posed to have become effective.
 Judge D. w. Speak. of the Eighth Judicial Circuit. was In telephonic communication with Governor Conner yesterday relative to the matter, the result of which was that Governor Co., mer authorized Judge Speak to go to Cullman, and hold special term of court to prosecute those who have VI. plated the laHs.
 Whether or not Judge Speake will find it expedient to go to Culiman and preside at a special session of the court is not known here as yet He has full authority. however. to do thic, and 1t is believed that the cases will be called up as soon as the proper action has been taken in Cullman.
 The fact that Judge Burke issued licenses to the nine liquor dealers in Cullman. does not protect them against the law, in the opinion of Governor Conner. If the licenses are issued for violation of the law the individuals
 using them will be punished the same.
 whether the licenses are issued by a
 private individual or court official
 The liquor dealers, 1t is understood. will defend their cases on the ground
 that they were acting under licenses
 granted them by an officer of the State. and hard legal battle Is certain to result.
 The announcement that this fight is to be made will arouse widespread interest in Alabama, for if the whiskey men win out in the cases it will mean the tumbling down of all of the local fabrics now prohibiting the sale of
 whiskey in Alabama. It will mean that every county in the State will
 have whiskey sold in 1t within the next year. Prominent local attorneys have on
 more than one occasion given it as | their opinion that the local option law was defective, but mo contest of 1t has | over been made. The action taken in Cullman will now bring the matter to 1 head. and the course of the litiga- | tion will be interesting, as the whis- key people declare their intentions to l continue the sale of liquor until their l licenses are revoked.
 Perhaps more interest Is felt in | Birmingham than in any other city in | the State in the outcome of this con test. Montgomery is not afreCted. nor is Mobile, but Birmingham has already | cleared out it's saloons, and the de- l cision of the Supreme Court that the l local option law was defective and unconstitutional would mean a great scramble for locations for saloons in | Birmingham during the present year. When seen yesterday Governor I Conner declined to discuss the matter l further than Co say that a license is- sued by a county or city official was l no more protection than one issued by l private citizen wherever 1t sought | to license a violation of the law. It Is probable that not only will the l liquor dealers of Cullman county fight I the cases against them on the ground that hey were proceeding under a license issued by a State. and county official, but that the local option law fs Aafactfye