The Birmingham age-herald., 1909-01-07
PROHIBITION CASE
 IS POSTPONED State Is Not Ready With An-
 sWer To Suit SET FOR NEXT SATURDAY Probate Judge Williams of Mobile County Hears Arguments on Plea for Renewal of License Will
 Give Decision Today.

Montgomery, January 6.-By consent of the attorneys representing complainant and defendant in the suit in the federal court for a restraining order against the general prohibition act, the hearing on the bill of complaint, which was set for tomorrow before Judge Jones was today postponed until Saturday morning. The continuance was agreed upon because of the failure of the states attorneys to pre- pare an answer to the allegations of the complaint since the filing of the bill.
 The local Law and Order league has employed lawyers to assist Attorney Gen eral Garber and County Solicitor FhN Stern in defending the law. Meanwhile the whisky men are in suspense. It is expected that application for writ of mandamus to compel the county Probate Judge to issue a /quor license.
 There is a belief that the federal court will hold that it has Jurisdiction. On the other hand there are few who seem to think that such Jurisdiction will be as- stunned, as the case is one that involves only the rights of the state to control the liquor traffic
 The state court cases will be allowed to run along until the federal court case is disposed of. If Judge Jones keeps hands off and the law cannot be successfully att tackled in that court the fight growing out of the refusal of license will be taken up in the city court and every effort made to bring the controversy to an issue. Troy, Watts x Letcher, who are at torneys for the Cook Brewing company of Indiana, and are leading the fight on the law, believe that the federal court has jurisdiction and will assume it. In which case there will be very compli cated condition of affairs, all agree.
 Attorney General Garber Assistant At torney General Thomas w. Martin and Holloway & Brown, attorneys for the Law and Order league, are all busy look ing up evidence. While most of the points involved have been passed upon by the supreme court of the state, two or three raised in the petition of the con- planants have not, and there are several good lawyers who thing that while most of the questions are technical there is a chance to find the bill bad in some es- sentia point.
 Mobile, January 6-The constitutionality of the Carmichael statutory prohibition bill was attacked here today before Judge Price Williams, Jr., of the probate court by Attorneys Daniel w. Troy and
  lasting an hour and a half and defended by Public Solicitor Nicholas E. Stallworth and Attorney R. P. Roach of the local Anti-Saloon league. More than 100 people crowded into the small court room, in cluding liquor men, saloonkeepers. bar room tenders, members of the prohibition party and members of the Anti-Saloon league.
 The bill by the attorneys for the con testants was attacked on the ground that the constitutional provisions had not been carried out as to the adoption of the amendments to it, and the bill was un- constitutional by reason of it not being advertised as it became a local measure, as it expressly provided that no local laws as to the sale of liquor illegally were repealed. The attorneys for the contestants quoted a case in Alabama where the Judge of the Probate court was a license was refused.
 liable on his bond for damages in case
 State Solicitor Stallworth took issue with Attorney Well on this matter, say ing that he took it as a threat and that this kind of argument was unworthy of answering. Attorney Well got up and ex- pained that the reference to the case was not made as a threat and he hoped that it would not be construed as such. The arguments by both parties were concluded at 12 80 o'clock this afternoon. Judge Will Hams, after hearing the argument, took the mater under consideration until to- morrow morning at 10 o'clock.
 In case license is refused. which is pre- dicted. no appeal will be taken from the judges deciisoA the fight going to higher courts from the Selma city court.