The Birmingham age-herald., 1908-10-02
INJUNCTION WILL
 KEEP PLACE OPEN Court EStops Police from CIes-
 ing St. Nicholas ORDER ONLY TEMPORARY If Made Permanent 1t Will NulIify the Ordinance Empowering the Mayor
 to Close Soft Drink Places
 After Convictions.
ORDER ONLY TEMPORARY

Judge C. C. Nesmth in the chancery di- vision of the city court yesterday handed out a temporary injunction restraining the mayor and police from preventing the proprietor of the St Nicholas soft drink stand doing business under the license which had been revoked under city ordi- nance Al.
 The order, if made permanent, ties the hands of the mayor and police so far as closing up soft drink establishments after violation of the prohibition law is con- cerned. The judge, upon the face of the bill, declares ordinance Al illegal in that it interferes with the property rights of the proprietor.
 The St. Nicholas stand was reopened yesterday and is doing business without interference on the part of city officials. Since the passage of the ordinance Mayor Ward has ordered something like 30 stands closed after the conviction of an employe of violating the prohibition law.
 The city will have the opportunity to answer the bill, and the final decision may be different, although City Attorney E. D. Smith argued the case fully before the court yesterday.
 The bill was filed Tuesday by Attorneys Max J. Winkler and M. M U1lman, ask ing the Court to restrain the mayor and police from closing the soft drink stand in the St. Nicholas hotel on the theory that the city council had no authority to re- yoke a license for the conduct of law full business. The court required the plain tiff to give notice to the city, and by agreement the case was taken up yes- terday morning.
 The court held, after argument, that the city, having granted a license to do busi- ness, the conviction of his employe for a violation of the prohibition law did not authorize the city ipso facto to revoke his license. He stated that court of equity does not ordinarily enjoin arrests for violation of city ordinances, whether valid or invalid but that this case comes under the exceptions of the rule where the right, franchise of property interest of the party is involved, and an irreparable injury from the permanent closing of the place will result for which no adequate remedy at law obtains.
 The bill set forth that on August 2s, 
 to run a soft drink stand and that Her man Brandes. who was in the service of the complainant, was arrested and con- victed on the charge of violating the pro- hiDition law, and thereupon Mayor Ward ordered the place closed.
 The preamble of the courts order re- cites the following: Whereas, on october l. 1908, complainant, Charles Cruce, ex- hibted bill and made an application for a temporary restraining order restraining the said George E. Ward, as mayor of Birmingham and George H. Bodeker, and all of the police officers of the city of Birmingham by whatsoever name they may be called, from in any manner put ting into effect the illegal order revoking a certain license heretofore granted to Charles Cruce to operate a soft drink stand at 1RO North Nineteenth street, Br- mingham, or from in any manner inter- fering with the conduct of said business"