The Montgomery advertiser., 1909-01-08
 .MANDAMUS ASKED FOR Further Attack on Pro- hibition Law. BILL FILED WITH JUDGE SAYRE Hearing on Petition Set For
 Friday. Antis Seek to Compel Probate Jud~e Gaston to Issue License for Sale of Intoxicants to w. Y.
 Johnson.
 

Pursuing their course of attack on the prohibition law. the attorneys who have been retained by the anti. forces filed on Thursday with Judge A. D. Sayre, in the City Court of Montgomery. an application for a writ of mandamus to compel Probate Judge Gaston to issue license for the sale of intoxicants to w. Young Johnson
 Receiving the petition. Judge Sayre set, as the date for the hearing for peremptory mandamus Friday, Janu- ary l6, at 10 o'clock. The date re- ceived the consent of Judge Gaston.
 On January 2, Judge Gaston refused the application of W. Young Johnson Tor license to conduct a retail liquor business, giving as his reasons for the reIusai the following statement:
 Mr. w. Young Johnson.
 In the matter of the application and demand made by you to me this day for license to engage In the City or Montgomery during the year of Isos In the business of retailing spirit uous, vinous or malt liouors. with which you rendered the recommenda- ton and ahdavit in due form as re- quired by Sections 5760 and 57s1 re- spectively of the code and also fem dered in lawful money of the United states $the sum Of six hundred ana twenty six and 60-l0o dollars the total amount of license fees and other fees provided by law to be paid therefor. . peg 10 state that I refuse to issue To you license to retail liouors. in said city for the reason that ths sale Of such liquors in said city is nro- nloited by an act of the LegisIatu or Alabama approved November aa lso1' and appearing on page n. et seq. of the general acts of the Leris- lature at the special session of 1907
 tSigned' J. B. Gaston.
 Judge of Probate.
 Dated January 2, 1909.
 Easing his petition for a peremntorv maniamus by which to secure ths license. Johnson, through his attor- neys. Troy. Watts and Letcher and Lee n. Weil' presents his petition to Judge Sayre as follows:
 To the Honorable A. ID. Savr. J,a.
 Your petitioner. W. Young Johnson. as relator for and on behalfI of tha State of Alabama, respectfully renre- sents to Your Honor as follows.
 l. That he is resident citizen of the city and county of Montgomery and qualified elector thereof. ana for a long time prior to the first day of january. 1903, has been engaged in said city in the business of retas,,ns. spiEltuous', vinous and malt Mauors unoer such licenses as applied in the premises. That desiring to cont,nwe said business during the present vesr petitioner did on the second day of January. 1909. present to the Honor able John B. Gaston, the duly eIected qualified and acting Judge of Probats or Montgomery County, Alabama in writing such aa prescribei by Section 5760 of the Code sald recommendation being signed by twenty respectable househoIders and freeholders residing within the cor porate limits of the City of MontRom- cry, in which petitioner pronosed tn do business. and stating that the si1n. CTS thereof were acquainted with neti- tioner. that petitioner is of good moral character, qualified elector Of said city and in all respects a proper ner- son to be licensed. That together with said recommendation petitioner pre- sented an affidavit duly executed bv petitioner in accordance with the nro. visions of Section 5761 of said Code and then and there rendered the said Judge of Probate the sum of S625.5O in lawful legal tender money of the United States of America, the same ne- ing the amount of the license and fees required by law for license to retail liquors of the character aforesaid in the City of Montgomery Gin so far as any license from the Judge of Probate Is concerned). and demanded in writ ing that said Judge of Probate issue to petitioner a license to engage in the business of retailing spirituous, vinous or malt liquors, as under the law. as petitioner Is advised, and upon such aI- vice alleges. 1t was the duty of said Judge of Probate then to do. That thereupon said Judge of Probate failed and refused to accept said sum of money rendered as aforesaid, and fail ed and refused and still fails and re- fuses to issue said license although petitioner is advised and believes 1t Ia the duty of said Judge of Probate SO to issue the same. and that the issue of the same Is authorized by law. The refusal of said Probate Judge Is here