The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1909-07-09
LIQUOR DEALERS
WILL TEST LAW
Chattanooga Wholesalers File
Bill In Chancery Court
HOLIDAY LAW AT ISSUE
City Council Will Assess License Of
$50 a Year Upon Near Beer
DeaIers-Saloons Reopen
With Soft Drinks.

Chattanooga, July S.-(Special )-Wheth-
er or not the Holiday liquor law APP
plies to wholesalers is the issue raised
in a bill filed In chancery court in this
city by certain wholesale liquor dealers.
The charge is made that the prohibitory
law, which became effective the first of
the month"; does not prohibit the business
of wholesale liquor dealer in Chatta-
nooga. The primary object of the bill
is to ask for a construction of the Hol-
laday bill, and not to have the same
declared invalid in so far as the bill in
question prohibits the saloon business.
The complainants to the bill are ]. W.
Kelley & Co., the Wakeman Distilling
company, and the Chattanooga Brewing
company. The defendants are S. A. Con-
ner, sheriff of Hamilton county; NJ. N.
Whitaker. attorney general for the Sixth
judicial circuit and the mayor and alder
men of the city of Chattanooga
In order to finally pass on the near
beer ordinance introduced in the city
council Monday night, and assessing all
dealers in this commodity a license of
$50 a year, an extra session of the lower
board will be held next Monday night.
The ordinance passed two readings al the
last meeting and was referred to the
finance committee. meeting of this
committee will be held during the latter
part of the week. The committee will
undoubtedly recommend the ordinance for
passage. Through a misunderstanding
the ordinance was first introduced in the
upper board, which is contrary to proper
procedure in such cases, and would pos
sibly constitute a defect if it were con-
tested. Some final and definite action,
however, will be taken by the board
next Monday night.
1t developed that "A out of CT saloons In
Chattanooga which We're put out of bus
mess by the prohibition law have re-
opened or will reopen during the week
as near-beer stands. In addition to these,
four new dealers in old locations will
also conduct soft drink stands. These
As will be genuine refugees for the thirsty,
opened with no other intent than to
moisten the parched lips of those who
were wont to moisten with something
stronger. Only 10 of these have taken
out city license to sell drinks. but the
remainder have purchased merchants or
qured to have to do additional business,
some of them selling cigars and the like,
while others will have pool tables in con-
nection.
To show that they were willing to do
their part in the construction of the new
state normal. the county court of Rhea
county Monday voted an issue of bonds to
the amount of 100000 to be used in the
construction of the building and the pur-
chase of grounds for the normal, provid-
ing the state agrees to 1t being erected in
this county. The action of Hamilton coun-
ty court in indorsing Rhea county for
the normal was preceded by similar action
In Bledsoe, Sequatchie and Meigs. Van
Buren, and Grunday have promised their
Endorsement. Should the state consent to
the location of the normal in Rhea coun-
ty it will be constructed In Dayton,
the county seat.
By the passage of a resolution by the
county court granting Bowdre Brown
and others franchises on numerous streets
and roads in the various suburbs of tho
city for the construction and operation
of electric railway lines, the preliminary
work on a competitive street car system
for Chattanooga was commenced. lmme-
diately following the filing of the con-
domination proceedings by the mountain
Railway company for a line through the
johnson estate up Lookout mountain, 1t
was reported in various quarters that the
incline was simply the beginning of a
much larger project which might probably
include a competing street car system
throughout Chattanooga and its suburbs.
but until the petition was offered in the
county court asking for franchises for
Bowdre Brown and associates nothing def
mite could be learned.
Frank P. jenkins. president of the East
Tennessee Boiler Manufacturing company.
one of Chattanooga leading business
men, has been missing from his home
since June II. The local police depart
ment is working strenuousy to locate him
and has called in the help of all neigh
boring cities and towns. So far, however
not one single trace has been found TO
indicate the whereabouts of the missing
manufacturer and contractor since he left
his home to take the afternoon train to
Sewanee. He never arrived at Sewanee,
and so far as the trainmen can remember
did not take an Nashville, Chattanooga
and st. Louis train out of Chattanooga
that day or since. The case is shrouded
in mystery.