The Birmingham age-herald., 1910-10-28
HOW INJUNCTION
 GAN BE EMPLOYED Explanation of Law Now Un-
 der Consideration WAS USED IN PULLMAN Solicitor Heflin Believes Trials Should Be By Jury and Thinks Govern ment By Injunction Is Un-
 American
WAS USED IN PULLMAN

The injunction proceedings in regard to which 1t is known Governor Conner has corresponded with solicitors of various counties with a view to the closing of blind tigers at one strike, are set forth in section 20 of the Fuller bill. In sec tion 19, locker clubs and blind tigers in general, are specified as common nuis- ances, and section 20 provides that such nuisances may be abated and per petually enjoined by "a proceeding in equity In court of competent jurisdic- tion." The provision follows:
 'The state attorney general, or the circuit or other solicitor. or deputy solici- tor, or any prosecuting officer within a county where his official duties require him to prosecute criminal causes on be- half of the state, or any citizen, or citi- zens of the county wherein such nuisance exists. or is maintained, may upon their relation file bill In the name of the state of Alabama in the chancery court, or other court possessing equity jurisdiction in the county where the nuisance exists, to abate and perpetually enjoin the same''
 u lS pION1ueu InHI Lne OH1ceT or citiz>n who files the bill shall state the frcfs under affidavit as he knows them to exist.
 The bill to enjoin the blind tigers of Jefferson county can thus be filed by the solicitor or one of his assistants, or in fact any private citizen who is willing to make affidavit that such nuisances exist.
 Preliminary Injunction
 On filing of such bill the chancellor or judge may grant a preliminary or temporary injunction to close the tigers until the case is heard on it's merits. The defendants in the suit would be the own CT or owners and all persons interested in the building or premises where such nuisances exist'
 Upon final hearing of the case in- stituted to abate liquor nuisance" the section continues. If it shall appear that the bill has been sustained by the evil dence, or has been taken for confessed. the court shall order an abatement of the nuisance, which order shall direct the destruction of all such prohibited liquors and beverages as are found upon the premises, together with all signs. screens, bars, bottles, glasses and other movable property used In keeping and maintaining said nuisance and the destruction of all such liquors and beverages and such movable property may have been seized under authority of the court pend ing the hearing of the case"
 Used in Cullman
 This process was employed for the first time last week In Cullman county, where 12 alleged blind tigers were enjoined and closed up at the instigation of Solicitor David Almon, who filed such a bill as Is provided for in chancery at Cullman. Several portions of the Fuller bill have been pronounced unconstitutional by the supreme court, but this provision, never having been tried before, Is considered, at least temporarily, legally intact.
 While Solicitor Hein declines to discuss the nature of the correspondence, said to exist between him and Governor Co., mer. 1t is generally believed that this provision of the Fuller bill is involved Solicitor Heflin yesterday expressed him self thoroughly opposed to the injunc- tion mode of procedure. and stated that he has faith In the willingness of the courts to convict violations of the pro- hibition law.
 Trial by jury Is an institution of de- mocracy,' said the solicitor, and no man should be denied that right if he be guilty of violating the law. Government by injunction is un-American."