The Birmingham age-herald., 1911-12-29
Alleged ConflictiOn With Hepburn Law Will Be
 Investigated
ATTORNEY SMITH
 RENDERS OPINION
Counsel for Alabama Great Southern Railroad Calls Upon Commission CT Weatherly to Confer Over
 Railroad Section

Following a conference held yesterday morning between Commissioner James Weatherly and Capt. Addison G. Smith of Smith & Smith, division counsel for the Alabama Great Southern railroad, the blind tiger ordinance adopted by the city commission last Tuesday was suspended until the commission as a whole could inquire into the question of whether section 10 of that ordinance con- hicted with the Hepburn law The sec tion in question, as pointed out yester- day morning. relates to the giving of in- formation by railroad companies as to liquor shipments into Birmingham, con- signed to other than regularly authorized and licensed liquor operators. The con- ference between NIr. Weatherly and Captain Smith was chiefly to discuss the Hepburn law relating to the section in question. At it's conclusion Mir Wealth erly authorized the statement that the discussion was not as to the whole ordi- nance, but to the particular section rel ative to railroads, and that he had con- sented to withhold the ordinance from publication until the whole commission could pass upon 1t, which would be next Tuesday. The suspension of pub llcation is equivalent to a temporary annulment until the commission g. body can discuss the question. No ordi- nance is effective until published as an advertisement.
 It is the belief at the city hall that the section in question will be so o lad t,nt fo iat xayitb fbe burn law. Captain Smith yesterday ren- dered an opinion for J. G. Putnam, agent for the Alabama Great Southern here, and supplied a copy upon request. The opinion sets out that a fine of not more than 5000 may be applied to a railroad that gives information of a shipment to other than the consgnee or the ship per. The only exception is the giving of information under court orders, or a cer- tain prosecution is going on
 Railroad Investigating
 The officials of the Alabama great Southern are not inclined to throw any obstacles in the way of the excise com mission, who inspired the blind tiger" ordinance, or any other commission. it
 
 not propose to come in contact with a 5000 fine for violating the Hepburn law The opinion of Captain Smith follows Birmingham, Ala, Dec. 2S, 1911. "J. G. Putnam, Esq, agent, A. G. s. R.. R. Co.,. Birmingham. Ala.
 Dear Sir: Replying to your letter in reference to the ordinances passed by the city commissioners with the view of reg ulating the liquor traffic, beg to say that section b of the Hepburn act was amend ed during the year 1910 and as amended the act provides a penalty for any rail road company, or employe of a railroad company. who furnishes any information respecting consignments, without the con sent of the shipper or of the consisnee. The penalty is a fine of not more than 5000. It is provided in the act, however, that the penalty shall not apply when given under any process of a court, fed eral or state, or when given to duly authorized officer, when a person is sus- pected of violating the law, or there is a prosecution for the violation of the