The Birmingham age-herald., 1910-03-12
TWO CANDIDATES
 FOR TREASURER Speer and Perry Will Make the
 Race in Georgia LIQUOR CASE IN COURT Chattanooga Firm Is Indicted for Sell Ing Liquor in Georgia and Co1rts Clash in the Matter. of Solicit
 ing Business
LIQUOR CASE IN COURT

Atlanta, March 11.-(Special. )-Follow- ing the announcement by w. J. Speer of his candidacy for state treasurer this year. Ben F. Perry, assistant to the state treasurer. who has ntimated that he would be in the race now comes out with the more positive statement that he ex- poets to be candidate, and his formal announcement l>be forthcoming within the next few days.
 MT Speer did not throw out any feeler; he jumped right into the race almost as soon as he heard that Treasurer J. Pope Brown had decided, emphatically, not to be a candidate for reelection.
 MT Speer ran two years ago against the late Capt R. E. Park and received good support in several sections of the state. Captain Park had then long been in the office, however, and was quite popular with the people over the state, and it was almost impossible for anyone to beat him.
 Now there is a free field in which so far there are two prospective contestants Speer and Perry.
 MT. Speer formerly held the office of state treasurer for several years and re- tired from the office on account of ill health. He states that he has recovered his health and is anxious to occupy it again.
 MT Perry has been in the treasurers office for the last two years as assistant under Captain Park and the present treas urer, prior to which time he was assistant cashier of the Bank of Canton, Cherokee county for 10 years. He considers, there for, that he is we'll qualified to fill the office. and can continue the work without any material disturbance usually result ing from change of officials.
 The race is on and the question now is who will be the next?
 Clash Over Liquor Case
 In the first clash between the state su- preme court and the state court of ap- peals the supreme court of course, comes out on top, but the court of appeals had to have the last say.
 The difference of opinion between the courts came about in the R. M. Rose Co. case, this company, which carried on liquor business in Chattanooga, having been indicted in Barrow superior court for soliciting orders for whisky in that county, because it sent circulars and ad- vertising matter asking for orders through the mails. The lower court held that such use of the mails constituted violation of the state law against the solicitation of liquor orders, and that it operated just as if the company maintained an agent in the county where the ciro ulars were sent by mail.
 The state court of appeals sustained this view of the case, and the Rose company was convicted and fined accordingly.
 Then the company appealed to the su- preme court. getting it's case before that court by reason of having brought one or two constitutional questions into it. The supreme court completely reversed the view of the court of appeals, holding that this was purely interstate traffic and that the defendant had the right to use the mails in furtherance of his interstate bus mess, without interference by the state In other words. 1t was held that the state had no more right to interfere with mail solicitation between Tennessee and Geor- gia than it had to interfere with the in interstate traffic in the goods in question
 There was still another of these Rose cases before the state court of appeals, but in view of the supreme courts de- cision, the court of appeals has just dis missed it. In doing so the court of appeals admits that it is it's judicial duty to be convinced of the soundnesS of the ruling or the supreme court, put says II cannot help thinking it was right in the first in- stance in deciding against the Rose com pany and to the effect that 1t violated the Georgia law in sending circular liquor solicitations through the mails.
 After discussing the question at some length the court of appeals concludes, however that it's own opinion now is of no material importance, in view of the advance opinion of the supreme court.
 So that ends the matter and anybody who wants to write from some other state to somebody in Georgia, suggesting that he purchase particular brand of booze has perfect right to do so without rubbing up against the state law.
 Officials Are Silent
 Just what is responsible for it, it is diff ficult to say, but it is fact that the officials at the federal prison near At lanta are more close-mouthed than ever with regard to information concerning any of the inmates of that institution.
 They are always courteous and polite, 1xr f.,Fa