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-
tionality Tested.

traf1ic IN Georgia found conditions
practically normal in the city, with
no reports of excess from outside
points. AT 10 O'Clock tonight every
saloon il the city closed its doors per-
manently or until the prohibition
! act is repealed or declared mconSti-
tutional.
a bill was filed in the United Sta
tes circuit court tonight asking that
the prohibition law be declared un-
constitutional. Judge Newman has
taken the matter under considcra-
ton and will reader decision pro-
| )ly tomorrow. 1t was at first be-
lieved that a temporary injunction
would be asked, but the lawyers
handling the ease decided not to do
this Consequently Georgia goes dry
tonight without Interference from
the counts.
1t 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 ease go into the regular
course OF court procedure. The ac-
ton was brought by Anderson, Field
er and Rountree.
1t is claimed that it is mandatory
upon the legislature to levy special
| taxes for thc support of the schools,
ANA Fiat these taxes s;,ould come
from the sale of liquor.
Numerous authorities are cited in
suppoM Of this contention, and these
authorities are under consideration
by Judge Newman tonight. The at
torneys contend that the constitu-
tion. so far as it relates to the school
question, is mandatory and they de-
clare in their briefs that it means
"vou shall have a public school sys-
tenn and for it's support you shall
levy liquor tax"
One paragraph in the brief says:
'Evcr since the first constitution in
l777 Georgia has always taxed liquor
as property, and has always reeulat-
ed the liquor traffic. a total rever-
sal of this policy is not to be prcsum-
ed, and especially not when in its
| organic law its specifically ordains a
liquor tax.'
The brief closes with the claim that
ii is not within the power of the
general assembly to enact such pro-
hibitory law.
JOAN 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-
iional.
Atlanta was quiet tonight Oh 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 Georgia 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 ease
were filed late Tuesday on behalf of
two breweries, one in Chattanooga
and the other in Cincinnati Judge
Newman simply filed memorandum
reading as follows:
"After careful ccjrsideration an
injunction pendcnte lite will not be
granted. This being true it is I'M
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 il the regular
order of business, and it was expect
ed that it would be ready for trial in
about two months.
Tn fhe meantime prohibition is in
effect in every district of Georgia.
The Abbe Gorret, who climbed ev-
ery important peak in the Swiss and