The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1913-03-12
DEALERS FAIL TO
GET INJUNCTION
Judge Waddill Refuses TO Grant
Order Against Express
Company.
EMBARGO is REM O We D
Local Office Resumes soutl,
Carolina Service Under Judge
iary's Ruling

/ Judge Edmund Waddiil, Jr, of the
/ United States District Court. denied
yesterday the application of II. Clarke
& Sons. wholesale liquor dealers OF
! this city for q temporary injunction
against the Southern Express Com
pany. 10 restrain it from refusing TO
accept and deliver liquor shipments
destined for South Carolina. The ap-
plication was filed on Saturday
The refusal OF Judge Waddill to
grant the relief asked for has, as far
/ as South Carolina Is concerned, been
remedied by chief .Ju.sice Gary, OF the
Supreme Court OF South Carolina, who.
on Saturday, issued an order calling
upon agents nj Columbia and Able
Vile to deliver liquor consignments in
their possession. The order is tenn
porary. but until IL rs set aside in
the courts the Southern Express Com
pany will make delivery.
In Richmond. the embargo was lift
ed yesterday. the local agency accept
ing South Carolina consignments for
forwarding rs it did before the in
hibition went into effect. The service.
however, was resumed on the strength
Of Judge Gary's ruling. and will, 1t
is believed, be halted at once should
his order fail Of support in the courts
when it is put 10 test.
May Bring Amended Petition.
Richmond liquor dealers were un-
prepared yesterday to say what their
next move would be Should the Gary
decision in South Carolina he set aside
the situation OF last week would he
repeated. In that case. relief may be
sought through injunction proceedings
on an amended petition.
While the express company has
lifted the embargo as regards ship
ments 10 South Carolina, it still de-
clines TO accept consiSnments destined
for points in Kentucky and six North
Carolina counties. The prescribed
counties i'm North Carolina are:
Arson. Burke, Cabarrus, Cherokee.
| Henderson and Rutherford The com
pany declines also to forward ship
/ ments 10 High Point township in Gull
ford County.
Local dealers are only slightly in
tercstcd in the kentucky embargo.
since the Blue Grass thirst is qucnchcd
at homo. The prescription OF siH
! counties in North Carolina however
is Il matter OF considerable moment
Should the fight be renewed by local
dealers tho amended petition will
probably include an application for re-
lief as regards this territory too.
Judge WaddiIrs Statement.
Judge Waddill, with his refusal to
grant the restraining order PRAYED for.
filed the following statement:
complainant, suing I'm its own be-
half and of Others similarly situated
files it's bill praying an injunction
against the defendant to prevent i,
from refusing 10 accept shipments OF
spirituous liquors for the State ot
South Carolina, and to require il by
mandatory order to transport the same
there, averring as a cause thcre for
that it conducts a large mail order
business in liquors in that State. to
private individuals, and not for resale
and that the action OF the defendant
in refusing, since the 5th day OF
March last. to accept its shipments
has greatly injured it. and that un-
less restrained from so doing It's ac-
tion will prove destructive OF It's bust
ness. The express company by coun
sell replies that II has heretofore re-
ceved such goods from the complain
ant and transported the same and
would be Slad TO do so now. hut that
1t is apprehensive. especially since the
passage Of the recent act of Congress
known as tina Webb Kenyon bill. that
If 1t did so 1t would violate tho crimi-
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