The herald and news. [volume] (Newberry S.C.) 1903-1937, 1908-01-03
GEORGIA NOW DRY.
Prohibition Act Goes Into Effect as
Year 1908 Dawns-Constitu-
tionaity Tested.

no reports of excess from outside
points. At 10 o'clock tonight every
saloon in the city closed it's doors per-
manently or until the prohibition
act is repealed or declared uneonsti-
! tutional.
A bill was filed in the United Sta
tes circuit court tonight asking that
the prohibition law be declared I'M
constitutional. Judge Newman has
taken the matter under considera-
ton and will render a decision pro-
/, ,olv tomorrow. It was at first be-
lieved that "a temporary injunction
would be asked, but the lawyers
handling the case decided not to do
this. Consequently Georgia goes dry
tonight without interference from
the courts.
It is understood that the judge can
either grant an order to set down
for an early hearing the constitu-
tional question involved or that he
may let the case go into the regular
course Of court procedure. Tae ac-
ton was brought by Anderson, Field
er and Rountree.
It is claimed that it is mandatory
upon the legislature to levy special
] taxes for the support Of the schools,
ana that these taxes should come
from the sale of liquor
Numerous authorities are cited il
supoor; Of this contention, and these
authorities are under consideration
by Judge Newman tonight. The at
torneys contend that the constitu-
ton. so far as it relates to the school
question, is mandatory ana they de-
clare in their briefs that it means
"vou shall have a public, school sys-
tenn and for its support you shall
levy a liquor tax
One paragraph in the brief says
"Ever since the first constitution in
1777 Georgia has always taxed liquor
as property, and has always regulat-
| ed the liquor traffic. A total rever-
sal cf this policy is not to be prcsum-
ed, and especially not when in its
organic law its specifically ordains a
liquor taxi
The brief closes with the claim that
it is not within the power Of the
general assembly to enact such pro-
hibitory law.
John c.. Hart, attorney general of
Georgia, in an interview with the
Associated Press tonight said that ne
had not seen the bill. but that from
his information ne believed the law
could not be effectively attacked. and
that in his opinion it was constitu-
.ional.
Atlanta was quiet tonight on the
ringing Of the final bell on the sale
Of liquor. There were some few min
Or disturbances but nothing Of any
serious character.
Atlanta, Jan. 1.-The most notable
feature Of the first day Of prohibition
feature of the first day Of prohibition
in Georeia was the refusal Of Judge
! W. P. Newman, in the United States
circuit court. to grant an injunction
pending litigation which would pre-
vent the putting into effect Of the
prohibition law. Papers in the case
were filed late Tuesday on behalf of
two breweries, one in Chattanooga
a7A the other in Cincinnati. Judge
NEWMAN simply filed a memorandum
reading as follows:
"After careful cctsideration an
Injunction pendente lite will not be
granted. This being true it is un-
necessary to call on the defendants
to SHOW cause
The lawyers for the plaintiffs in
the case told the Associated Press
that the decision Of Judge Newman
did not have the effect of throwing
the proceedings out Of court, but that
the case would come up in the regular
order of business. and it was expect
ed that it would be ready for trial in
about two months.
In The meantime prohibition is in
effect in every district Of Georgia.
ILL., A hlA Go,.,.at 11ha clinhad eX-