The Birmingham age-herald., 1911-11-04
INJUNCTION SEEKS ID TIE HANDS OF THE EXCISE BOARD Four Oaks Go. Would Re- strain Board From Re
 voking Its license SET FOR HEARING
 SATURDAY, NOV. II Alleges That Smith Bill Has Gone Beyond Constitution in Confer
 ring Powers on the Ex-
 else Commissioners

Upon an application of the Four Oaks Distining company, a domestic corpora ton, a preliminary mandatory injunction was yesterday granted, directed to the excise commission of Jefferson county, to restrain the revocation of the wholesale liquor license held by the petitioning cor puration The excise commission had, upon a trial for an alleged violation of it's rules, revoked the license issued to the company under the Smith regulation bill.
 The injunction was served upon the commission yesterday and was delivered thereupon to M. NJ. Ullman, assistant city attorney, who will have charge of the case, assisted by Max J. Winkler. It is possible that Attorney General R. c. 1srickel will also have q representative here. The excise commissioners yester- day declined to discuss the case. The injunction was granted by E. C.. Crow, judge of the circuit court, sitting in equity, and was filed by Gaston & Pettus, representing the Four Oaks com- pany.
 The injunction is a direct thunderbolt aimed at the Smith liquor regulation bill sponsored by the present state adminis- tIation as a solution of the liquor troubles in this state.
 The plea of the petitioner cites that the attempt to revoke his license was un- der section 20 of the Smith bill. which, it is alleged, is unconstitutional and void. It is alleged that such provision is in violation of section 40 of the constitution Of Alabama. It is alleged that such an older seeks to deprive the petitioner of a trial by jury as well as to deprive him of property without due process of law, which is also in violation of section II of the constitution. The averment is made of, the fourteenth amendment of the con- sritution of the United States It is set out that the order of revoca- tion is without warrant of law, is null and void, was arbitrary, unreasonable and vc.id. It is pointed out that if the order is allowed to stand the defendant will be deprived of property to his irrepa-able loss
 To Be Heard November II 1 The order of the court granting the pre- l lininary injunction cites the excise com , mission to appear Saturday, November H., at 2:S0 o'clock to hear the case. The filing of the bill yesterday, aimed i both at the excise commission and the Smith bill came as a surprise. The li- cense of the Four Oaks Distlling com pany was revoked October 90. It was all 4l, i, Il. pany permitted the sale of liquor and beer to alleged blind tigers. The com mission was engaged in the hearing two days. It is alleged in the bill of injunc- ton that the hearing was taken up prin- oipally of an examination as to the al 1 legged payment of a state official q cer- tain sum by the Four Oaks company. The Petition The entire bill, including the two ex- hibits, is as follows:
 Your petitioner, the Four Oaks Dis- tilling company, a domestic corporation, respectfully represents and shows unto your honors the following: T. That the complainant, the Four Oaks Distiling company, is a domestic cor
 
 Jefferson county, Alabama, is composed of w. c. Agee, chairman; Sydenham Moore, associate, and E. Wilkinson, as- sociate.
 "2 That on, to-wit, the 27th day of September, 1911. upon said petitioner hay ing complied with the requirement. of the statute, the said excise commission of Jefferson county ordered wholesale li- cense to be issued to said Four Oaks Dis tilling company. and thereupon Hon. J. P. Stiles, judge of probate of said .coun- ty, did issue the same, authorizing the said petitioner to engage in the whole- sale liquor business at the following place.
 
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