Gainesville daily sun. (Gainesville, Fla.) 190?-1938, 1909-10-01
TENNESSEE WHISKEY
POURED UPON GEORGIA
cuATTANooeA's FIRMS AGAIN
DOING BUSINESS.
DpryD Law Of Tennessee Is Hit severe
Blow by Courts Recent
Decision.

Decision.
CHATTANOOGA, Sept. 3O.-By vir-
ue of a recent ruling by Chancellor
r. NJ. Mcconnell, Tennessee whole
salers are still shipping liquors to At
lanta and all other cities In other
States, although Tennessee went dry
July 1.
The Holiday bill, or the Statewide
prohibition law, provided that 1t shall
not hereafter be lawful for any per-
son to sell intoxicating liquors" and
when 1t went into effect all retailers
and wholesalers ceased business.
Subsequently stakeholder Of ]. w.
Kelley & Co., local wholesale liquor
house, went into chancery and petit.
toned the court to construe the Holla-
day bill as tippler law, or else to
declare 1t unconstitutional, as being
conhscatory in that It rendered worth
less the large stocks of dealers on
hand.
AS final decree, the chancellor was
petitioned to enjoin the State, county
and city officials from interfering
with compliments in the sale Of their
goods by Wholesale, and to enjoin j.
w. Kelly 8 Co. from disseminating
their interstate shipping business,
which the petitioner claimed was
about to be done by reason OF the
Holiday law.
Decision Of the Chancellor.
The case was tried September 3,
and In rendering his decree Chancellor
Mcconnell said In part:
'It seems absurd to say that this
State Is helpless 10 prevent people In
other States from shipping their
liquors into our State to be used and
abused by our people, and at the same
time to say that the people in this
State cannot ship their liquors, legal.
" manufactured, into other States.
II the one Is interstate commerce, Ger.
tainly the other is.
"The State OF Tennessee can have
no right to prohibit the interstate
trade OF the compln!nants, and the at
torney-general is without legal author.
isy to prosecute for such sales, because
no law IL violated thereby.
7'rhe act so construed. Is. In my
opinion, constitutional IN all It's parts:
construed to the contrary. that Il ap-
plies 70 sale aud shipments to other
States, It stands directly IN the face
Of the law controlling htarstate com
merce and is null and yoldSse SO far
50 Il attempts TO interfere with UUn,,
merce between the State"
Thriving Interstate susIness.
The chancellor thoreupon issued
tho injunction restraining the Kelly
company from disseminating its inter.
state business, and another injunction
re-trainlng the authorities from at.
tempting TO prevent such sales. An
other firms IA Chattanooga seized
upon the injunction, and since then
she wholesale houses here have been
doing thriving interstate business.
January !, 1910. law prohibiting
the manufacture OF liquor in Tonnes
see goes into effect. This also Will
be attacked and the charge will be
made that Il Is oonfiscatory, and law.
yers are already busy preparing for
ground on which to ask an injunction
20 prevent It's enforcement
nlstlllers VIII Again Reopen.
L vas learned last night that the
Wakeman, the White Oak and the J |
w. Kelly q Cos. Deep Spring dlstIl |
leFies would be running at full bias.
before the end OF the present week. !
Fires were made In Kelly's Deep
Spring Distillery 81 o'clock yesterday
afternoon. and by tonight Il win
b turning out ESQ bushels daily.
The only local dlstlllery which win
pot open this week Is the Chattanoo,
~ distllery. Corn whlskey Is hs
chief product, and because Of the high
prloes Of tho grain the dIstillery viii