The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1909-01-03
JONES FIXES JANUARY 7
AS DATE FOR THE HEARING.
Attack Is Based Almost Entirely On
the Legislative Record of the
General Statutory Prohibl-
tion Enactment.

Montgomery, January 2-Marshaling
their forces, the liquor interests of Ala
bama and probably of the United States,
moved against the general prohibition law
for Alabama at two points of attack
today and from the nature of the fight
that is being made 1t is known that the
fighters have ample financial resources
at their command and that in all prob
ability the organized liquor men of the
country are behind the fight
The opponents OF the prohibition law
attacked the law today in Montgomery
in the federal court. Another attack was
made in Selma and announcement was
made that the attack in Mobile would
be made Wednesday.
In the United States court for the Mid
die District of Alabama Judge Thomas G.
Jones, when the bill was filed, issued a
formal order directing that the interested
parties appear on January 7. The order
Issued by Judge Jones only means that
the usual court proceeding has been fol-
lowed and that plaintiffs who alleged that
their property rights were being injured
would have an opportunity of arguing
the justice of their complaint in court.
touched
Made BY Indiana Concern.
In the federal court the application was
| made by the f. w. Cook Brewing com-
pany of Evansville, Ind, a brewing con-
Germ which has formerly done a big bus-
mess In Alabama. On the bill filed NV
Troy Watts Letcher and Lee We'll
there appeared also the name of Stewart
d Stewart of New York associate COM
sell" The MANAGEMENT of the aeb, +o-
gether with the presence of the New yor,1
attorneys indicates that there will be
no lack of financial resources back of
the campaign. and that it will be fouebt
| to a finish
The f. w. Cook Brewing companv b.,-
Ing a citizens right in Indiana cla,,s
that as citizen of another state II is
oeing deprived of fits right in Alaban,,
| py an unconstitutional law that should
be declared null and void.
7 The light, as indicated by tbe hill eia,
by the interested attorneys in the faaz
eral court. Will be based upon the nrono.
si'lon that the prohibition law was never
legally passed by the legislature. In o.ler
~ - s'o ieSisialiVe record' of the .,dl
again put under fire and beyond all
doubt the case will be hurried to tba
supreme court of the United States as
soon as possible. As a matter of neces
sity, the fight Is based in the fedora,
court on the record, inasmucb az n.
united States supreme court has passea
on prohibition and decided that tho
states nave the right to stop the sale n,
liquors as police protection.
The federal court case had its iro.n
ton at the capitol when the agent =,
the Cook Brewing company anneara,z
there and demanded license wb,c, !,
course was refused. The bill in the court
is directed toward Attorney Genera,
M CARRIER, County Solicitor Stern. sher-
III Hood and the Law and Order leagues
of the state.
County Suit Also BROUGHT.
AT the county courthouse w. Youpe
johnston, one of the best known men az
the city who had been connected with
the whisky trade, appeared before Judge
CASTOR and LAYING ss75 in gold down ON
the counter, the price of a state ana
county license under the old system. de-
manded license for the conduct NJ tha
liquor business. Judge CASTOR shook his
head and Mr.. Johnston put the monev
back in his pocket.
lie did not discuss his Intentions hut
it soon became an open secret that he
would ask Judge A. D. Sayre of the CITY
court for mandamus TO compel Judge
CASTOR to issue the license which was
kept from him by an unconstitutionai
law. The application will be filed by his
attorneys Monday.
Petition to Federal Court.
In order that the whole contention of
the opposers of the law may be known
the petition in the federal court. which
contains all the points of attack. Is given
below:
In the circuit court of the United State.
for the Middle district of Alabama.
The F. w. Cook Brewing company. =
corporation, complainant, VS.. Alexander
Nj. CARRIER. Philip II. Stern and Others. de-
PENDANTS. In equity. Original bill.
To the Honorable the Judges of the Cir
cult Court of the United States for the
Middle District of Alabama:
The f. w. Cook Brewing company. 4
corporation organized and existing under
the laws of the state of Indiana. and for
purposes of pleading a citizen of said
state, brings this bill OF complaint against
Alexander M. CARRIER, Philip H. Stern
Horace Hood and others, all of whom are
citizens of the state of Alabama, and re-
spectfully shows as follows:
]. That complainant is a corporation or
ganized and existing under and by vir-
tue of the laws of the state of Indiana
and having its principale place of business
within said state at viz, the city Of
Evansville, and for many years has so
existed as a corporation and carried on
its business from said principal place OF
business. That the business OF complains
ant is and has been during all of the times
herein mentioned that of brewing or
otherwise manufacturing beers or other
malt liquors and of dealing in and selling