The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1909-01-03
Margon Advertising
Company
Bell Phone 1910 2OlS First Ave
2OlS First Ave.

tain persons charged in form of law with
violations Of said purported enactment
and to make raids upon the premises Of
persons charged with retailing liquors In
violation of said purported enactment in
the same manner and form as if said en-
actment was valid.
Other Defendants.
IL. That in addition to the said defend
ants, CARRIER, Stern and Hood, there are
numbers of other persons duly acting az
and holding the offices of solicitor or
sheriff throughout the state of Alabama
in the several counties and particularly
those in the more populous counties OF
said state, and various other persons who
hold no office under the state of Ala
bama, all of whom, as complainant IL
informed and believes and upon such in
formation and belief alleges, have made
and are now making threats in like man.
ner and form to those made as herein set
forth by the defendants named, some
proposing to act under color of their
office and others merely proposing to, or
actually forming organizations, groups, or
bodies of citizens, generally designated
as Law and Order leagues" or the
like, with the avowed purpose of assist
ing in every way the enforcement of tho
provisions of said purported enactment.
That complainant is now advised and is
of the opinion that proper restraint upon
the defendants named will have the eff
feet of lettering all or practically all
of such persons not named, and that the
necessity does not now exist for injunc-
tive relief against all of such persons,
but II mistaken in this complainant will
by proper amendment bring all such per-
sons whom it may be advised are neces-
Il g..
for the extension of the specific relief
herein prayed to and against any or all
of such persons, to the end that COM
plainant have and obtain adequate re-
lief from the continuing damage and In
jury which their acts cause.
Prepare to Enforce Act.
H. That notwithstanding the premises
and of his knowledge actual as well as
constructive of the total nullity and in
validity of said purported enactment and
of the matters and things hereinabove
set forth, said Stern has threatened and
proposed and still threatens and proposes
that when and as soon as he takes office
as such solicitor and while acting as
such solicitor and in control and in charge
as aforesaid of criminal prosecutions IN
the county of Montgomery, under color
of his office to attempt to enforce the
provisions of said purported enactment
and to enforce the same and for such
purpose and in performance Of his said
threats, under color Of his office, to use
the powers given him by law and the
machinery of the law adapted for GRIM
inal prosecutions; under color of his office
to advise grand juries of Montgomery
county and petit juries Thereof that said
purported enactment is In fact and in
truth the law of Alabama, to prosecute
any and all persons and corporations in
dicted by grand juries Of Montgomery
county for real or alleged violations Of
said purported enactment or otherwise
charged under form of law with violations
thereof, and generally to support and
maintain the said purported enactment in
like manner and effect as 1t would be
his duty as such solicitor so to do were
said purported enactment really law;
Notwithstanding the fact that said Stern
well knows the damage hereinafter men
toned which his said threats have al
ready caused and which they will cause
and which the performance and carrying
out of the same, If performed or carried
out, will cause to the property and bus
mess of complainant and complainants
customers within the state of Alabama
and particularly in the county of Mont
gomery.
Cannot Recover Damages.
ID. That by reason of the standing and
position of the defendants and by reason
OF the nature and character of the offices
of which they are respectively the incum-
bents, and by reason of the peculiar and
stringent provisions of said purported en-
actment the public generally, the citizens
Of Montgomery county and of the other
parts of the state of Alabama and else
where have been lead to believe that the
said purported enactment Is law of the
state of Alabama and violations thereof
will subject the violator thereof to liabil-
ity-of criminal prosecution by indictment
or otherwise, and to the pains and penal
ties in said purported enactment provided
in the event of conviction, which belief
and impression has been largely circu-
lated and disseminated by the press Of the
state of Alabama and elsewhere.
H. That by reason of the threats of the
defendants and Of their announced inten-
ton to support and enforce said purport-
ed enactment, and of their office and posi-
ton, the people of the state of Alabama,
and particularly compliments customers
throughout the state of Alabama, and
particularly within the county of Mont
gomery, have been so Put in fear of pros
ecution for violations of the provisions Of
said purported enactment that practically
all of compliments customers who have
heretofore been engaged in the disposition
of complainants beer as retailers within
the state OF Alapama, ana particularly
within the county of Montgomery. have
announced their intention of disseminating
| their said business and in many instances.
| if not in all, have actually discontinued
the same, and are afraid to continue to
purchase and dispose of complainant
,, beer as has been their practice hereto
fore, and have been lead to believe that
the sale Of beer within the state of Ala
bama, Notwithstanding the same be had
and made In accordance with and subject
to all lawful regulations and provisions
is an offense against the provisions Of
said purported enactment which will sub
| ject the seller to the Modification, in
convenience and annoyance of a criminal
prosecution, and perhaps to the pains ana
penalties in said purported enactment pro-
vided That by reason Of said threats.
and of the widespread circulation and dis