Gainesville daily sun. (Gainesville, Fla.) 190?-1938, 1909-10-04
WHISKY
POURED UPON GEORGIA
cHATTANoooA's FlaMs AGAIN
DOING sUsINEss.


CHATTANOOGA. Sept so. 81 vlr-
tue Of recent ruling BY Chancellor
I. n. Mcconnell Tennessee whole
saiers are sim shipping liquors to. A.
lanta and ali other cities n other
States. although Tennessee went dry
July 4
The Holiday bin, OF the Statewide
prohibition law. provided that Il shall
not hereafter be lawful for any per-
son to eell Intoxicating liquors" and
when It went into effect al retailers
and wholesalers ceased business
subsequently stakeholder Of j. w.
Kelley & Co. a local wholesale liquor
house went into chancery and petit.
toned the court 70 construs the HolIa-
day bin as a tIppler law. Or else 70
declare II unconstitutional. az being
confscatory IN that Il rendered worth.
Jess the large stocks Of dealers On
hand.
As a flnai decree, the chancellor was
petltloned 70 enioin the State, county
and city OFFICIALS from interfering
with compIalnauss IN the sale Of their
goods BY Wholesale, and TO enioin 3
W. Kelly q Co. from dlscontluuing
their interstate shipping business,
which the petitioner claimed was
about 20 be done BY reason Of the
Holiday law
Decision Of the Chancellor.
Tho case was tried September 3,
and Ii rendering hin decree chancellor
Mcconnell said n part /.
elt seems absurd to say that this
state Is helpless TO prevent people ia
other states from shipping their
liquors into our state 10 be used and
abused BY our people, and at The same
time 70 say that the people IN this
State cannot ship their liquors, legal
" manufactured. Into other States.
II the one il interstate commerce. Ger.
talnly the other ".
"The state Of Tennessee can have
30 right 70 prohibit the interstate
trade Of the complalnansn, and the A..
iornoy-general "a without legal author.
fly to prosecute Tor such sales. because
no law 10 violated thereby
'The act. 20 construed, Is, IN my
opinion, constitutional Ia IN It's parts;
construed 70 the contrary, that C ap
plies 70 sale end shipments 70 other
STATES. 4, stands directly IN the face
Of The law controlling Interstate com.
merco and Il nuil and void IN 80 far
as It attempts TO interfere with com.
merce between the State"
Thriving Interstate Business.
The chancellor thereupon Issued
the injunction restraining the Kelly
company nom disconllnuiag is inter.
state bnslness. and another injunction
ronsralnlns she authorities from a..
tempting to prevent such sales. an
other Arms In chattanooga seized
upon the injunction, and since then
the Eholesaio houses here have beea
doing a thriving interstate business,
january 4. 1910. law prohlblting
che manufacture Of liquor Ia Tennes.
see goea into eiocl. This also VIII
De- attacked and the charge win be-
made that Il Is eonnacalory, and law.
yers are already buay preparing for
ground on which 70 AJAX an Injunction
70 prevent lts enforcement
olsullers viii Again Reopen.
Il was learned last night that the
wakeman. the White Oak sud the ..
". Kelly q Cos Deep sprlns dlstll
lerloa would be- running a. full blast
before she end o. the pssseat week.
Fires were made In Kelly's Deep
spring nlsullcry AZ 8 o'clock yesterday
afternoon. and BY tonight Il VIII
BE- turning out $50 Bushels daily
The only local dlsllllery which WIN
not open this week - The chattanoo.
Sc dlstillery. Corn whlskey is lls
chief product. and because 81 ne hlgh
prices o. the grain the distlllcry vlll
defer opening cor a rev weeks These
dlslllefles wonld have opened three
weeks ago. bar their large stoek on
hand made Il unnecessary.
nnlnr.. llnnar ana Tnr char thn