The Montgomery advertiser., 1908-12-29
Make Attack on New
 Grounds. s FUND OF $35,OOO SAID N
 TO HAVE BEEN RAISED
 e Purpose of Liquor interests in Mo- bile and Montgomery. tay. originate In ThIs City on Appiica- tion for License to Probate Judge. PIea of Treaty violation
 Ts Be Set Up.

A new fight will be started on the State Prohibition Act on Friday. Jan nary l. and it will be started simulta- neonsly in Montgomery and in Mobile. An apptication will be made to Judge J. B Gaston of Montgomery, and to Judge Price Williams of Mobile. for liquor license. and if the applications are re- fused, the applicants will go into the court seeking a court order to compel the issuance of the license, on the grounds that refusals were made by the Probate Judges, acting under an unconstitutional act.
 ii cannot be told at this time what particular feature of the act will be att tackled, but the whiskey men or the State have prepared to make the fight The news was sent out from Mobile that the sum of $25 600 had been raised in that city and there have been re- norris that 3I000o has been pledged in Montgomery for. the fight The rumored amounts are immaterial. Anybody that knows anything about the situation knows that the whiskey men Of Ala bama would easily raise $35,0o0. if they thought a successful fight could De made against the bill.
 The One Thing Certain.
 The one thing is certain--the light will be made and Montgomery will have a hand in it. But none of the local sa-. loon men would say. if they knew, on what particular point the fight would be waged. nor. would they say what att torneys had been employed to conduct the light.
 The Prohibition Act has already been before the Supreme Court of the State. It went up in the famous Cullman County cases The record of the bill in it's passage through the House and Senate was the point of attack on the bin. That record was scanned from "a fo izzard'' by. both sides. The Supreme Court ,deei5ed that the record was clear and that the act was good.
 The Supreme Court did not go behind the record that is. when the Journal of the House and the Senate said that the bill had been read three times. the court accepted 1t as true. The attorneys who were lighting the bill claimed that inc record was not true and that they could establish 1t as a fact that the bill was not read three times at length in both houses as required by the Consti- tuition. But the court did not go be- hind the record. Which was according to its former custom and ruling.
 In Unated states Court.
 Rrt ft is contended now that the fight ran he taken to the Supreme Court of fbe United States on that proposition. ft is admitted that if new light iS made on the record. the decision or the state Supreme Court must necessarily he as 1t was before. But there Is noth- ing to stop the attorneys from carry ing the case to the Supreme Court of the United States and ask the right to prove that the record is false and that accordfng to the facts the bill was not nassed according to the Constitution or the State of Alabama. It could no douot be established that on some of the read ings of the bill in the Legislature the title only and not the body of the oiil was read although the record would pc clear. This is one way in which It IS believed the fight could be made.
 And there is another way, whicn to ina laynian seems far fetched. but which some lawyers have considered seriously This Is the proposition that ii bin violates the treaty obligations of the United states
 Treaty Obligations.
 The Constitution of the United States declares that a treaty shall be the su- preme law; that once after the gov ernment has gone into an agreement with foreign government neither the Federal government nor a State gov ernnaent can pass law abrogating the trade rights or any other rights con- tained in that treaty. In other words it is conten3ed that the United States goyernment having gone into treaty with England under which Great Brit ain sells Scotch and Irish whiskey in the United States. no State has the power to abrogate that treaty right II Is contended that the United States having gone into a treaty with France