The Parker post., 1914-12-19

IS ATTACKED
THREE SUITS FILED IN PHOENIX
AND ONE IN TUCSON TO TESV
VALIDITY OF PROHIBITION AM
/
ENDMENT.

With the filing of the three COM
plants in the federal court Tuesday,
the opening gun was fired in the
flight against the statewide prohHbl-
tion amendment adopted at the Nov
ember election.
The plaintiffs in the three cases ar
the Adams Hotel company, the OWL
Drug & Candy company of Prescott
and Melezer Brothers. The former
represents the retail liquor dealers,
the Owl company the druggists, and
Melezer Brothers the wholesale liquor
dealers.
Attorney General Wiley E. Jones
and all the county attorneys and shed'
iffs are named as defendants. The
amendment is attacked ON the
grounds that it is in contravention to
the fourteenth amendment to the
UNITED States constitution, and that
not self7executimg.
A temporary restraining order as
the first step sought by the plaintiffs
to prevent the amendment becoming
effective Jan. 1. After the restrain
ling order an interlocutory injunction
is desired The plaintiffs desire that
the latter be made perpetual and that
the amendment be declared null and
void.
In the complaints it is alleged that
lit would be impossible to dispose OF
the stock on hand before Jan. 1. 1t is
alleged that the stock of the retail
dealers i'm the state amounts to
$685.
Several of the states most promi-
nent lawyers have been engaged on
each side to take part in the battle.
The attorneys for the liquor dealers
are former Attorney General G. P.
Bullard Thomas Armstrong, Jr., Er-
nest w. Lewis and former Gov. R. E.
Sloan.
The attorneys for the druggists are
Reese, M. Ling of Phoenix and Rich
ard Lamson and Leroy Anderson OF
Prescott 1t is understood that the
drys have retained John H. Campbell
former associate Justice of the SUI
preme court of Arizona and United
States judge at Tucson; Samuel L.
Kingan of Tucson, George F. Rhine
hart and Eugene w. Chafin. George
J. Stoneman and Judge A. c. Baker
have been engaged also i'm the de-
tense to assist Attorney General Wi
ley E. Jones.
According to advices from Tucson
the Catholic complaint against the
amendment will be filed i'm that city
by Father Thomas Connelley, pastor
of the All Saints Catholic church at
Tucson The Catholics will question
the constitution ality of the law ON
the ground that the use of wine in
the sacrament cannot be denied. j..
3. Wright and Eugene S. Ives will
represent them.
Under the federal law, where an
interlocutory decree is asked, three
judges, one of whom lis a judge of
the circuit court of appeals, must
silt
This will mean that the application
for the injunction will probably be
heard din Los Angeles before Judge
Morrow of the circuit court of ,ap-
peals, Judge Sawtelle and another
Judge to be invited by the latter to
assist.
If the plaintiffs should win, Ariz-
ona will have a direct interest in
the fate of the Webb-Kenyon bill
the constitutionality of which has
been questioned The case is now
pending i'm the supreme court of the
United States. This law prohibits
the shipment of alcoholic liquor into
dry territory. If it is declared un-
constitutional the railroads will re-
fuse to handle liquor shipments. If
it is not, the prohibition of the Ari-
zona law against shipment of liquor
into the state will be invalid.
1ooMlLLIoN is cREssoN sTRIKS