The Montgomery advertiser., 1909-07-01
Tennessee Prohi Law |
 On.
TEMPORARY ORDER $
 ISSUED IN MEW
Impressive Scenes Witnessed l
 Volunteer State.
Legal Contest win Begin, Int 0nSonfc ars TiRn fer E.ssresns.t ssa k gaIssn Men ars
 Leaving.

Memphis, Tenn. June so.--In the peC C liminary skirmish of . legal ba<1l which. 1t ts declared. is destined 1o9 the highest court in the land for 1n~ adtudication, those who favor tho oQ4@ tinuance of the manufacture and eoi4 of alcoholic beverages .n Teuneee4 gained the advantage in the issuanee an order by Chancellor H. Dent 11& tonight which restraints. tempoto4 the enforcement of the manu9nqe1 and sales act of the recent Legisla4uE the latter of which went in e6eue 0%5 midnight tonight, so far ss lt utlt lD@z terfere with the operattos of the xg94' nesses Brewing Company's piant 4< business in this city. a]
 The order of the Chancellor cane IT answer to petition of the maJok4tx stockholders of the brewing comp4nX which seeks to permanently en3elN state and county officials from the e114 forcement of the law. because. they 4e clare. 1t is unconstitutional and Wou< cause an irreparable loss In peoo5n< E President Schorr of the company II made party to the suit bscaune q nl~ expressed determination to disconednu@ the manufacture of beverages tnae eoA~ tain any part alcohol. *
 The restraining order will De in N&f feet until July 8. when argumentp o0 to the permanent injunction will pe heard.
 while the stockholders of the loeol company alone appears as plainti4o t0 the suit. the issue. 1t is undereeoe9< will be made . test as to the prohiuaS tion law generally. An early uexy| anticipated Is . motion transferr1uu| the case from the State to the Fedoro1< courts because of the many non-eeele deyt stockholders of the concern. The14' will come, by stages. the progreee o4 the case to the Supreme Court of the United States. #
 strikes at Bsth Laws. In the prayer of the bill, the cho4s cellor is asked to restrain Pregt4eN& Schorr from discontinuing the rnan4s facturs of beer after July 1. as nc hn4S aycwed he would do: to restratn tho others named as defondents. city, Q11ns ty and State ofiicials, from In any W4X interfering with the conduct cx business. the manufacture and sale e beer. and asks that both the ecfe W 1909, that known as the four-miie ieX and the manufacturer's prohibftfys Ao<t be declared unconstitutiona1.
 It is alleged that the first act tg nNS constitutional because it violates 1ne{ article of the State Constftutton e9 Tennessee which provides thar -n9 ut4 shall become . law whicn embroce4 more than one subject that suh5ecx 34 be embraced in the uhe: enotlN which provides "tnat no man sheil taken and imprisoned. or dissetxed o4 ! his freehold, liberties or privileges. ~ | outlawed or exiled, or In any inanne& destroyed or deprived of his life. I1s. erty or property. but by 5udgmenS ~ his peers or the law of the land n04 that 1t violates that section Whlc4 proyides that no retrospective ihN ek laws impairing the obligations oL contract shall be made;" another wn1e4 sav va that no mans particular servinel shall be demanded. or property tekeH or applied to public use without n& consent of his representatives. or Wl<n< out lust compensation being medN therefor" and finaliy that t violefe9/ Article II, Section 8, which is as fol- lows: may he altered or repealed. no such sl@ teration or repeal shall interfere WltH or divest rights which have bccom4 vested"
 Lively Scenes fin MemDhis.
 Memphis, June 30.--Solemn t0ne4| bells in church towers and town cioc4 steenles on toiling the midnight hou4 sonisht marked the passing of thtI saloons and whiskey out of Tennesse4
 At midnight the Holiday Statewl49 prohibition bill. passed by the recent General Assembly, went Into eueeS This law makes it illegal to sell Wnts> key or other alcoholic beverages WIFI in four miles of any school nouee H the State.
 The passing of the saloon in Me11= phis and in other cities througnout t4z State, according to advices rece1*99 here Is marked by scenes or uuun4A hilarity. The celebration started eHrl< this morning, continued throu9nouk <ns day and lasted until the very momen< of closing when there was run t9 purchase one last farewell drink ofez the bar.
 saloons and grog snops were crowd- cd with lively jewellers. Extra police precautions were taken here. Mayo< James H. Malone instructing the chte of police to detail 6 patrolman 70 every city block wherein Is located saioon This was done at the requcat or t4 saloon men, who feared that the croE0 about to start on the long MaratHp race of prohibition would overstep< <Hz bounds in some instances. of 8oQa t@ hayior. But 1t was in the main natured throng which fndutEed n
 last revelry.
 Resoicing of Prohxs.
 While all this good Fellowship
 in progress in the heart Of the city State wide prohibitionists, the Ess ribboners who had waged one Of ts hottest campaigns In the history of tA State to, secure the enactment of 4 cherished measure, were hoiofpx pk< yaAe meetings of rejoicing. FraEe< were offered up and hymns were t<lz in the homes of the leading nenpt of the local forces although no pu944 meeting of rejoicing was held at 41 of the churches in the city.
 And the law Is to be rigidly enxoFee1 throughout the State. Many vera the opinion. some still are. that WfV the passing of the open saloon Woui come a reign of blind tigers" and xp eial clubs, where 1t would be posFn yet cooling alcoholic drink to su' for the thirsty man craving hef
 his thirst. Mayor Malone and Chief Davis have declared their tions of enforcing the law thre
 the city and Attorney oener Estes has announced that heF vigorous warfare on "biind f social clubs. hundreds of