The Columbia herald. [volume] (Columbia, Tenn.) 18??-1935, 1909-07-02
LIQUOR MEN OF
MEMPHIS WILL
WAGE BATTLE
VALIDITY or PROHIBITION ACTS
ARE ATTACKED IN THE
COURTS.
TEMPORARY INJUNCTION ISSUED
Memphis Brewery Alone Effected
Now But Plan To Extend The
Fight To All The Retailers Of The
State.

, MEMPHIS, Tenn. July In the
preliminary skirmish Of a legal battle
which. it is declared. is destined for
> the highest court in the land for final
, adjudication. those who favor the con-
tinuance of the manufacture and sale
, of alcoholic beverages in Tennessee
gained the advantage in the issuance
of an order by Chancellor H. Dent
Minor tonight which restraints, tenn
porarily, the enforcement Of the man
ufacture and sales act Of the recent
Legislature, the latter OF which went
into effect at midnight tonight, so far
as it will interfere with the opera
ton of the Tennessee Brewing Com
pany's plant and business in this city.
The order of the Chancellor came
in answer to a petition of the majc-.
ty stockholders of the brewing COM
pany, which seeks to permanently en-
join state and county officials from
the enforcement of the laws because,
they declare, ii is unconstitutional
and could cause an irreparable loss
in profits. President Schorr, Of the
company, is made a party to the suit
because of his expressed determine
tion to discontinue the manufacture
Of the beverages that contain any part
alchohol. The restraining order will
be in effect until July Is, when argu-
ments to the permanent injunction
will be heard.
While the stockholders of the local
company alone appear as plaintiffs to
the suit, the issue, it is understood,
will be made a test as to the prOhibi-
ton law generally. An early move
anticipated is a move transferring the
case from the state to the Federal
courts because of the many non-resi.
dent stockholders of the concern.
Then will come, by stages, the pro-
gress of the case to the Supreme
Court of the United States. Among
those who will be ultimately associ.
ated with the local attorneys who fl.
ed the suit are. it is announced, Gov. {
John c. Black Of New York, John J.
vertrees Of Nashville, and John G.
Carlisle, former Secretary Of the =
Treasury.
In the prayer Of the bill the Chan.
,ellor is asked to restrain President
Schorr from disseminating the manu-
'acture of beer after July /, as he has
ivowed he would do; to restrain the
others named as defendants, city,
county and state oficials, from in any
way interfering with the conduct of
is business the manufacture and sale :,
# beer, and asks that both the acts 3
f 1909-that known as the four-mile I'd
aw and the manufacturers prohib- "
tive act-be declared unconstitu- q
ional.
1t is alleged that the first act is IN
because il violates that -
rticle of the Constitution of the State
Tennessee which provides that no
III shall become q law which emorac-
5 more than one subject, that sub
ct to be embraced in the title"
Mother which provides that no man
lall be taken and imprisoned, or dis %
lied of his freehold, liberties or
'ivileges, or outlawed or exiled, or in
~ manner destroyed or deprived of
5 life. liberty or property. but by
dgment of his peers or the law Of Do
g land; also that it violates that on,
elton which provides that no ret. Az,
active law, or law impairing the OBJ. of
ations of a contract, shall be the
ade;" another which says that no mn
ans particular services shall be de- nj,
anded or property taken or applied nm,
public use without the consent Of ATT,
! representative, or without just ron
oe'ng haue tnereior; qui
d, finally, that ii violates Article
Section s, which is as follows:
While laws creating corporations
" be altered or repealed, no such
Grafton or repeal shall Interfere
h or divest rights which have be
ne vested"