The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1908-01-05
JUDGE WEAKLEY
EXPLODES BOMB
General Prohibition Law Covers
Entire Situation
VOTES OF PEOPLE DECIDE
Petition For Mandamus From Lowndes
County Is Argued Before Judge
Richardson of Montgom-
cry Circuit Court.
VOTES OF PEOPLE DECIDE

Montgomery, January 4-(Special.)-
Former Chief Justice S. D. Weakley threw
a bomb into the camp of the forces seek
ing to break down the local option act
today when he asserted that whatever
may be the weakness of this law, the gem
eral statute makes dry all counties which
have voted to become SO.
Judge Weakley appeared for the anti
saloon league in the hearing of an appli-
cation for mandamus to force the probate
judge of Lowndes county to license dis
pensaries at Fort Deposit and Haynes
Vile, argued before Judge ]. C. Richard
son here today. AT the same time appli-
cation of like kind came up from Cren-
shaw county, the effort being to force the
probate Judge to issue licenses for a dis
pensary at Luverne, but was not argued
because of resistance on the part of Lu-
verne dispensers.
Judge j. M. Chiffon and John V.
Smith of this city appeared for the liquor
interests in both counties. Judge Weak
ley, as the representative of the anti
saloon league for the others.
chilton's Argument.
0uuB6 SillOn Ill presenting lhO AdIlo
In the Lowndes county case claimed that
the election was void, because the petit
ton addressed to the probate judge
gave no authority to the judge to call
the election. He said the local option
law was local law, in that it applied to
only 20 odd counties of the state. He
said 1t was as certain in it's application
to these 20 odd counties as if they had
been named He also said that it did
not submit the question of regulation
or restriction as the title of the act
would suggest.
Judge Weakley said that it was a
ties. He sprung a surprise when he
stated that even if the local option
law should be declared unconstitutional,
(but he did not believe it could be- the
general prohibition bill would cover
Lowndes county, in that the general law
puts prohibition in effect where an cleo
ton had been held and decided so by
a specific vote of the people.
Hearing Is Continued.
The question of mandamusing the
probate judge of Crenshaw county to
pensaries and saloons after the county
had voted dry was continued till Thurs
day at o'clock to be heard at Green
vile, upon motion filed by j. N. Pol
lard and T. w. Kirkpatrick, claiming
to be majority Of the commissioners
of the Luverne dispensary calling upon
the attorneys for said dispensary to
show by what authority they represented
the dspensary, coupled with the request
that the cause be dismissed. .5rl
The contention involves the question
as to whether F'olmar or Pollard were
elected commissioners at meeting of
the mayor and council of Luverne held
last Wednesday night. The act pro-
vides that when any dispenser resigns
or dies that the mayor and council shall
elect his successor. In this case Pol
lard received three votes and Folmar
three votes. The mayor casting the
tie vote in favor of F'olmar.
1t Is understood that Folmar and
Revel, the latter being an old commits
sioner. are in favor of the prosecution of
the suit. Whereas Kirkpatrick and Pol
lard are opposed to it.
The further hearing of the Lowndes
county petition was also postponed till
that date.
In the Lowndes county case the state