The Birmingham age-herald., 1913-04-08
SEEK INJUNCTION
AGAINST THE CITY
Iconoclast Goes Into Court
to Prevent City From
Stopping Publication

That the city commissioners are en-
deavoring to take away the right of the
freedom of the press is one of the allie
chancery court by T. J. Judge and A. and
F. b. Latady, the attorneys for Howles
Iconoclast, whose sale was recently pro-
hihited by the city authorities.
The style of the suit is Howle's Icono-
clast. a corporation, VS.. A. O. Lane,
Cupepper EXum, James Weatherly,
George II. Bodeker and the city of Biz
mingham. The complaint alleges that
the city has violated section of the
state constitution, guaranteeing the free
dom of press and speech and that the
orator was responsible to the law for
any abuse of that privilege. The com
plainant alleges that it operates print
ing establishment and owns valuable ad-
vertising contracts. The section OF the
CITY code under which the paper was
suppressed is cited and the complainant
alleges that it's officers have been ar
rested charged with having violated said
sections of code and that with that ac-
ton it has no quarrel, being willing
to submit to verdcts of juries, but that
liberty and constitutionally guaranteed
right to publish its sentiments Inc
bill alleges that certain officials offered
to allow the paper to be published under
censorship, which was declined.
The bill was filed yesterday and under
the law the respondents have 80 days
in which to make their answer. NO
temporary injunction was asked, pend-
ing the result of the suit. The closing
nj, of ba hill which is quite
lengthy, is as follows:
"The premises considered complainant
prays your honor will take jurisdiction
of the bill of complaint, and that the
respondents Culpepper Exum, A. q.
Lane, James Weatherly, George H. Bo-
deker and city of Birmingham may pc
made parties respondent thereto; that
process of subpoena may issue directed
to them requiring them to come into this
court in this cause. and te--lemur, or
to plead or to answer this bill of COM
plant within the time required by law
and the rules of this honorable court
but not to answer under oath, answer
under oath being especially waived, ana 10
stand to and abide such orders and de-
crees as may be made herein, ana that
on final hearing OF pleading and proof
the writ of injunction may be award
ed complainant restraining and enjoining
respondents from curtaiing or restrain
ing in any manner the constitutional right
of complainant to print and publish It's
| sentiments. and from destroying the
property of complainant and restraining
them from threatening to arrest ana
prosecute newsdealers and newspaper
| hawlers of the city of Birmingham VINO
purchase and sell the newspapers printed
by complainant in the exercise of and
pursuant to the right guaranteed to 1t
under the constitution OF the state OIL
! Alabama, and for such other furtner
and additional relief as, the premises
considered, your honor may deem metc
and equitable TO grant, and as in duty
bound complainant will ever pray
>~~~~
Zula Aston, Coker; Reppie snyder,
Northport Route !; j. c. Malone, Sa-
maptha; Tullie Collins, Berry, Route 2;
| Florence Justin, tuscaloosa Clarence
Dcss, Samantha: ]. 7. Bonner, Alexander
| City, Route 6; r. l.. Valhoun, Notasulsa; ;
w. r. Darnell, Notasulga, Route ] Abb
bic jackson, East Tallassee; r. Vaughan
Jones, Notasulga; Minnie Smart, East
Tallassee; Willie Taylor, Dadevillc,
| Route T.
Walker: T. ]. Calvert, Ordell; Walter
King, South Lazelle; q. G. Wilson,
Manchester.
| Washington: Glovie Atchison, Bigbee;
Joseph w. Blount, Koenton; Tonmie Coll
lier, Koenton. Mrs Elizabeth Cooper,
Yellowpine; Alice Holoman, Mobile; ~.
| l.. Moseley, Loper; Antoinette Rawle, st.
SteI hens: Mabel Tillman. Fruitdale Il.
l.. Warrick, Fail; Earl White. Fruitdale.
| Wilcox: Adele Hassevander. Ackerville; /;
G. c. Rogers, Tatama; Myrtle Sheffield.
Lower Peach Tree; Bunne Wells, Alber-
ta Fannie Yeldell, Pine Apple.
| Winston; f. w. Thomas, Haleyville.
]
! For Weakness and Loss of Appetite
| The old STANDARD general strengthens
| ing tonic. GROVES TASTELESS chill
| TONIC. drives out Malaria and builds