The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1909-01-03

of said purported enactment may be con-
cluslvely made to appear in such manner
as to convince even the defendants the
adoption of any or all such other meth
DDS involves the delay of weeks and per-
haps months during all of which the dam
age and injury to compliments business
will go on unchecked and the fear which
has been engendered and which will con-
tinue to be engendered by the threats of
defendants and of such prosecutions which
they may institute will remain to the In
jury OF complainant. That while the 9TH
er methods aforesaid exist and may be
pursued none of them afford any adequate
remedy, for the mere definite exposition
by a court of competent Jurisdiction OF
the invalidity of said purported enact
ment will in manner whatsoever afford to
complainant any remedy or redress for
the injury 1t has already suffered and
which 1t is certain to suffer before any
such exposition can be reasonably ex-
pected. That complainant has absolutely
no adequate remedy at law and that I'M
less assisted by a court of equity must
unjustly suffer irreparable damage for
which 1t can never receive compensation.
That complainant is advised and believes
and upon such information and advice
alleges that defendants are none of them
men of large means nor able to compen-
safe even In slight degree the large dam
age which they have already caused and
which unless now restrained they will fur
Their cause to the complainant even If
almost Immediately restrained and
stopped. That under these circumstances
it is imperative, If complainant is to be
relieved at all, that such relief as it may
be entitled to have be prompt and eff
fective.
II. That complainant is advised by coun-
sci and upon such advice AYERS, that in
so threatening and acting as aforesaid,
and in carrying out said threats, or any
of them, IL the same are carried out, the
defendants and each of them, are acting
individually, that such threats and acts
are their individual acts done under color
OF office and are not and will not be done
or performed under authority Of and on
behalf of the state of Alabama, and as
such will not and cannot be lawfully
ratified and adopted by the state of Ala
bama without invasioH of complainants
rights under section of the constitu-
ton of Alabama and of complainants
rights under the 18th amendment of the
constitution of the United States: and
that the threats of defendants and the
performance thereof. If performance there
be, amount to usurpation of authority
and use without warrant or right from
the state of Alabama or from its laws
of the machinery of Justice to Cypress and
injure complainant, done and performed
of substantial ability to respond in dam
ages can never adequately be compelled
to compensate complainant in measurable
degree for the enormous damage and In
jury caused by their acts as aforesaid
and which will continue to be caused I'M
less complainant can obtain relief from
this court.
Is. That all of the defendants named
are residents of the middle district or
Alabama Il
Want Defendants to Appear
The premises considered, and for as
much as complainant can have no ado
quate relief except in this court, and
has no adequate remedy at law, and to
the end that equity may be done herein,
complainant prays that writ Of sub
poena ad respondendum or other due and
proper process Issue out of and under
the seal of this honorable court and
directed to each of said defendants, Gar
Der, Stern and Hood, commanding them
and each of them to appear and make
answer to this bill of complaint within
the time required by law and to perform
and abide by such order and decree here
in as to this court may seem just. That
upon the hearing a permanent writ OF
injunction issue out of this court en)oln-
ing and restraining the said defendants
and each of them, their agents, dttor-
neys, and all claiming or acting under
them, from in any manner or form, UNI
der color of office or under color of au-
thority from the state of Alabama. bat
without authority from said state, or H.
dividualy and not as or under color or
authority of such officer as they may be,
from in any manner or form threatening
any person or corporation with prosecu-
ton by Indictment or otherwise, or other
annoyance let or hinderance, for or on
Q1 la
of the provisions of said purported enact
ment and from In any manner or form
under color OF his office, or under color
OF authority from the state of Alabama
but without said authority, or Individual
ly, conducting, assisting or in any man
ner actively engaging in, or employing the
instr7lmentalties of his office in. the
prosecution of the provisions of said pur-
ported enactment, and from in any man.
ner, shape or form under color of au-
thority from the state of Alabama, and
without such authority, or individuality,
damaging and injuring the business and
good will Of complainant in the state of
Alabama That your honor will by suit
able order or decree order an account
ing by reference to master or other
wise as may be best to ascertain insofar
as may be done the great damage suf-
fered and which may then have been
suffered by complainant by reason of the
actions and threats of the defendants.
and that said defendants by suitable de-
cree be compelled to pay over to COM
plainant the damages so ascertained, or
so much thereof as their inadequate
means may permit, or as to this court
may seem just, In partial compensation
for complainants great loss. That pend
ing the hearing a preliminary injunction
issue to the same purpose and effect
as the permanent injunction herein
prayed; and that complainant have all
such other and further and different re-
lief as the equity of the case or the
statutes of the United States may require.
together with the costs of this suit, aid
complainant will ever play, etc.
THE F. w. COOK BREWING COM
PANY,
TROY. WATTS & LETCHER,
LEE II. WE'LL.
Solicitors for Complainant.
STEWART & STEWART.
60 Wall street, New York City, Associate
Counsel
Note-The defendants and each of them
are required to answer each and every
allegation of this bill, but oath to sucn
answers is hereby expressly waived.
State of Alabama. Montgomery County.
Phil P. Puder being duly sworn, on oath
dsposes and says, that he is over the
age of q years and is the general agent
of the F. w. Cook Brewing company, the