The Birmingham age-herald., 1911-09-10

olbhosAOh OlANC lIPhAthtChe
 The decision of Judge Black yester- day morning in the recorders court that the Smith bill was now in effect has caused consternation In the police de- pertinent.
 Immediately after Judge Lanes re- turn from Montgomery last night he held conference with Chief Bodeker and told him that Attorney General Brickell had decided that the Fuller and Carmichael laws were in full force and that City Attorney Romaine Boyd had rendered the same opinion. He instruct ed Chief Bodeker to continue the en- foreement of the old laws until the excise commission grants license. He instructed him to bring the cases be- fore Judge Black and if the judge deemed it best to release those arrested that absolved the police department from blame.
 Accordingly Chief Bodeker last night issued an order to the police department instructing them to continue the raid- ing Pursuant with his instructions about 10 arrests were made last night by the blind tiger squad on charges of violating the prohibition law.
 The muddle in the police department Is increased by the action of Judge Lowrey of the Ensley division of the recorders court. Judge Lowrey yes- terday fined offenders S100 and sen fenced them to serve 90 days on the streets. Police officials last night were in a serious predicament. but will fol- low Judge Lanes instructions.
 "The decision of Judge Black has placed the department in serious pre- dicament,'' said Chief Bodeker last night. Things are little mixed when the attorney general of the state, the city attorney and one police judge holds that the Fuller and Carmichael laws are still in force. while the other po- lice judge and Judge Abernethy say
 that the Smith bill is in effect.
 Judge Lane tonight instructed me to continue the raiding of the tigers and l shall do so. I was considerably sur prised at the decision of Judge Black, knowing that he was a prohibitionst.
 He is aware what conditions his de- cision will bring about. It means that
 there will be no law governing the sale of liquor until the excise commission grants licenses"
 Bodeker's Orders The order issued by Chief Bodeke last night on the situation was as fol- lows:
 Police Department, City.
 T am directed by the Hon. A. O. Lane, | commissioner of public safety, to in- struct the police department to enforce tllt pIOHlUlliOu ldWS dS Il6 iuly dS HeIt- tofore regardless of the decision of
 Judge Hugo Black of the recorders
 court that the Smith bill is now in ef- i feet
 Judge Lane conferred with the at | torney general and also City Attorney l Romaine Boyd and they say that the Fuller and Carmichael laws are in full | force It is their opinion that these | laws will govern the whisky traffic in Birmingham until the excise commits | sion grants license to legaliZe the sale. Each and every member of this de- partment will be expected to carry out the above orders to the letter and any | failure on your part will be brought | to the attention of the commissioner of public safety.
 GEORGE H. BoDEKER, "Chief of Police" l Judge Lane and Commissioner Weath- I erly held a conference with Attorney General Brickell yesterday at Mont 1 gomery and it was the unanimous opin- 1 ion of the three that the Fuller and Carmichael laws were in effect until l the excise commission grants licenses.