The Birmingham age-herald., 1908-01-09
SALOON MIN ARE DENIED MANDAMUS First Case Is Passed Upon By
 Judge Speake PETITIONERS MAY APPEAL George Ferguson, Charged With the Murder of Wallace Banks Romines
 at somerviIe, Is Cap
 tured at Warrior.

Decatur, January S.-(Special.) )-The | mandamus asked for by Mr. Woodward l and others to compel Probate Judge Will liam D. Skeggs of this county to issue sa- loon license in the Decaturs was denied this afternoon by Circuit Judge D. w. Speake.
 This was a test of the constitutionality of the local option law under which the | prohibition election was held making the | Decaturs dry January l. This is the first l case on this question to come to trial in Alabama and is regarded by the prohibit | tionists as a great victory. The case con- sumed the entire day.
 1 Judge Speake said, rendering his de- cision: "The first question is whether what is called the county local option law l approved February 26, is constitutional. It is a rule of all county and especially of lower or nisi prius courts. not to de- clare statute unconstitutional in case of doubt. Furthermore, I am of the 1 opinion that the state prohibition bill ap- | proved November 2S, 1907, takes notice and account of the election that was held i in this county on November g, 1907, and itself puts prohibition in force in this county under section 13 on January 1, 1908, whether the local option act was valid or not It appears, therefore, that the pro- 1 bate judge has no authority to issue liz | cense to sell liquors, and where a license 1 is issued it would be no protection to one who might hereunder sell intoxicating 1 beverages.
 "The mandamus prayed for cannot be granted and the demur to the petition will be sustained. The petition not being amended, it Is dissolved and final judg- ment rendered for the probate judge"
 Judge Weakley of Birmingham repre- scented the prohibitionists at the trial to- day, and his argument in behalf of the constitutionality of the local option bill was one of the strongest, dearest and most concise that has ever been heard in this city. Judge Wealxley came here at his own expense. It is learned tonight that the saloonists will probably take an appeal to the supreme court. When seen tonight Judge Weakley expressed him. self as being of the opinion that the de- csion rendered by Judge Speake today would prove without doubt the constitu- tionality of the local option law and would doubtless settle the question In other ] counties where prohibition elections have recently been held under this law.
 Bank Succeeds Saloon. | number of old saloon men of the De- caturs have already made arrangements to go into other lines of business here. Frank A. Howard, the oldest saloon man , in the city, has sold a part of his bar, fixtures and he and others are contem- plating the opening of a bank in the building where he has conducted a saloon for many years. MT Howard has been citizen of Decatur for the past 35 years, and has the respect and confidence of all classes of citizens.
 A. Laude, proprietor of the Bank saloon and beer garden, Is making arrange ments to go to France to reside in the future.
 Ben Strange, proprietor of the Stag sa- loon, but recently of Birmingham, is making arrangements to open a first-class restaurant.
 George F. Buchheil will open a steam bakery in New Decatur.
  lon men of Decatur, is making arrange ments to go to Pulaski, Tenn, and open a jewelry store.
 Ferguson Arrested.
 George Ferguson, wanted in this coun- ty for the murder of Wallace Banks Romines, was arrested last night at War rior station. He was brought here this ,,i1 Governor B. B. Conner had offered re- ward of $10O for the arrest with sufficient evidence to convict. Ferguson does not deny being guilty of the crime, but he may set up plea of self-defense.
 The tragedy took place near Somerville about three weeks ago. It is said that Ferguson is a married man, and that he was keeping company with a young woman near Somerville. It is stated that Romines told the father of the young lady that Ferguson was a married man. The father of the girl told Ferguson what Romines had said about him and the girls father forbid Ferguson going to see his daughter any more. Ferguson is report ed to have said that he would kill Ro- mines or go to hell in the attempt. Fer guson Is said to have gone to Romines' house. and calling Romines out, attacked him with a knife. Romines was stabbed over the heart and his head was almost severed from his body. After the killing Ferguson fled and his whereabouts was unknown until yesterday, when he was located at Warrior station by Deputy Sheriff D. P. Ryan of Decatur. Deputy Ryan got MT. EubanlSs and E. D. Smith of Warrior to arrest Ferguson and he was brought here this morning.
 Ferguson's preliminary trial is set for January 16 before Justice Dan Walden of New Decatur.
 In the Somerville neighborhood there is said to be considerable feeling against Ferguson. Romines, the young man who was murdered, was said to be about half wtted. Ferguson is about 24 years of age and is said to be married
 Want Salaries Reduced.
 At a meeting of the New Decatur City Council held last night, Alderman E. c. Payne of the Fourth ward introduced a motion to reduce the salaries of the Mayor and other city officials. The mat ter was referred to the finance commit tee