The Birmingham age-herald., 1909-07-01
CASE WILL FINALLY BE
 CARRIED ID THE UNITED
 STATES SUPREME COURT I
In the Bill of Injunction It le Alleged That the Prohibition Law Vlo- Iates the Constitutional
 Rights of Citizens.

Memphis, June 30.--In the prelimi- 1t is declared, is destined for the high est court in the land for final adjudi- cation, those who favor the continu- ance of the manufacture and sale of alcoholic beverages in Tennessee gained the advantage In the issuance of an or der by Chandelier H. Dent Minor to- night which restraints, temporarily, the sales acts of the recent legislature, the latter of which went into effect at mid night tonight. so far as It will inter- fere with the operation of the Tennes- see Brewing company's plant and busI- ness in this city.
 The order of the chancellor came in answer to a petition of the majority stockholders of the brewing company which seeks to permanently enJoin state and county officials from the en- forcement of the law because, they de- clare, it Is unconstitutional and would cause an irreparable loss In profits. President Scherr of the company is made a party to the suit because of his expressed determination to discontinue the manufacture of beverages that con tain any alcohol.
 The restraining order will be in effect until July B. when arguments as to the permanent injunction will be heard.
 While the stockholaejT pf the local company alone appear at tsinfiffs te the suit. the issue. 1t is understood will be made a test as to the prohibition law generally. An early move anti cipated is a motion transferring the case from the state to the federal courts because of the many non-resi- dent stockholders of the concern. Then will come by stages, the progress of the case to the supreme court of the United States.
 In the prayer of the bill the chancel- Tor is asked to restrain President Scherr from discontinuing the manufac- ture of beer after July 1, as he has avowed he would do; to restrain the others named as defendants, city, coun- ty and state officials, from in any way interfering with the conduct of it's business, the manufacture and sale of beer, and asks that both the acts of 1909, that are known as the four mile law and the manufacturers prohibitive act, be declared unconstitutional It Is alleged that the first act is un- constitutional because it violates that article of the state constitution of Ten nessee which provides that mo bill shall become a law which embraces more than one subject, that subject to be embraced in the title;" another which provides that no man shall be taken and imprisoned, or disseized of his freeh old, liberties or privileges, or outlawed or exiled, or In any manner destroyed or deprived of his life, lib- erty or property, but by judgment of his peers or the law of the land;' also that it violates that section which provides that no retrospective law or laws impairing the obligations of a contract, shall be made;" another which says that no mans particular services shall be demanded, or property taken or applied to public use with out the consent ofN'is representatives, or with out just compensation being made therefore" and finally, that it violates article II, section s, which Is as fol- lows
 While laws creating corporations may be altered or repealed, no such al iteration or, repeal shall interfere with or divest rights which have beco1le vested"