The Montgomery advertiser., 1909-01-03
 First Blow in Federal
 Court. CLAIM THAT LAW VIOLATES .. THE FEDERAL CONSTITUTION Judge Jones Sets Hearing of Bill
 for January 2. Also Fight Indicated in State Courts by Asrsscation of ". Y. John ston for License, Which
 Was Refused.

Marshalling their forces, the liquor Interests of Alabama and probably of the United States. moved agafnet the general prohibition law for Alabama at two points of attack Saturday, and from the nature of the fight that is be- ing made it is known that the fighters have ample financial resources at their command and tEat in all probability the organized liquor men of the coun- try ara behind the fight.
 The opponents of the prohibition law attacked the law Saturday in Mont gomery in the Federal Court. An < other attack was made in Selma and announcement was made that the at- tack In Mobile would be made We'd nesday.
 Tn the United States Court for the Middle District of Alabahna, Judge Thopas c. Jones. when the bill was filed by Troy, Watts and Letcher, and Lee H. Weil issued a formal order directing that the interested parties appear on January T. The order is- sued by Judge Jones decides nothing. It only means that the usual court proceeding has been followed and that plaintiffs who alleged that their prop erty rights were being injured would have an opportunity of arguing the Justice of their complaint in court. The prohibition act Is still rigid and un- touched. .f
 At the County Court House. W. Young Johnston, one of the best known men of the city who had been connect ed with the .whistkey trade. appeared before Judge J. B. Gaston, and laying s675 .n gold down on the countere the price of . State and County license under the old system, demanded a H. cense for the conduct of the liquor bus mess. Judge Gaston shook his head and Mr. Johnston put the money back fin his pocket.
 May Go to State Court.
 He did not discuss his intentions. but it soon became an open secret that he would ask Judge A. D. Sayre of the City Court for a mandamua to compel Judge Gaston to issue the li- eense which was kept from him by an unconstitutional law. The application will be filed by his attorneys Monday.
 In the Federal Court the appiica- tion was made by the F. W. Cook Brewing Company of Evansville, Ind, a brewing concern which has formerly done big business in Alebama. On the bill fiied by Troy. Watts & Letch- ST and Lee Wen there appeared also the name of Stewart and Stewart of New York. Associate Counsel" The management of the light together with the presence of the New York attor. neys. indicates that there will be no lack of financial resources back of the campaign and that 1t will be fought tS finish.
 The basis of the light is the same in both instances.
 MT. Johnston, as a citizen of Ala bama. claims in a State Court that he fs being deprived of his rights by an unconstitutional law The F. W. Cook Brewing Company. having a citizens rightes in Indiana. claims that as cit izen of another State 1t is being de- prived of its right in Alabama by an unconstitutional law that should be declared null and void.
 The night, as indicated by the bill filed by the interested attorneys in the Federal Court will be based upon the proposition that the prohibition law was never legally passed by the Legislature. In other words. the leg isIative record" of the bill is again put under fire. And beyond all doubt, the case will be hurried to the Supreme Court of the United States as soon as