The Birmingham age-herald., 1915-06-18
BONNER LIQUOR LAW IS UPHELD BY COURT Measure Valid in Every
 Respect SAYS SUPREME COURT Opinion Written by Associate Justice McClellan-Other Important
 Decisions Handed
 Down

Montgomery. June 17.-(Special) )-Vaid- ity of the Bonner anti-shipping liquor law passed at the recent session of the legislature. was upheld by the supreme court of Alabama today in the case of the Southern Express compdTy- ys. I b Whittle. a Pensacola liquor dealer, ap- reaed from the city court of Montgomery. The supreme court reversed the decision of Judge Gaston Gunter of the lower tribunal, who held that the law was un- constitutional various grounds-that it violated both the federal and state con stitutions in that it denied to citizens certain inaleniable rights such life, liberty and the pursuit of happiness; that il was all unjust exercise by the state of It's police powers, and that it violated the "eommeree clause of the federal constitution
 The case was instituted by Whittle fol- lowing the refusal of the Southern Ex- press company to accept for delivery six quarts of liquor to a man named Farmer, at Ramer in Montgomery county. Pro ceedings were brought to compel the eX- press company to accept such shipments, and Judge Gunter issued an order re- Straining the express company. rom re- fusng to accept shipments of liquor in excess of the amount prescribed by the Bonner anti-shipping law. provided such liquor was not used for unlawful pur- poses.
 The supreme court, in an opinion writ ten by Associate Justice Mcclellan. held that the law is valid in every respect The court held that liquor is universally recognized as proper subject for the exercise of police power, and that since the right of the state is not questioned as to it's powers to regulate the manu- facture of liquor. there can be no doubt as to it's right to regulate the shipment of such liquors into the state.
 Brassell Loses Fight
 Another important decson announced today was in the case of the state ex rel Walter R. Brassell vs. Charles B. Teasley probate judge of Montgomery county, growing out of the efforts of MT. Bras sell. d member of the Montgomery city commission, to have his name placed upon the ballot to be used at the election to he held in September for city commis- sioners.
 MT. Brassel brought the proceedings in the city court of Montgomery in the form of an application for a rule nisi requiring Judge Teasley to place hls name upon the ballot. Associate Judge C. P. Mcintyre refused to grant the pe- tition and his decision was upheld by the supreme court in an opinion writ ten by Associate Justice Mcclellan
 The court held that MT. Brassell was ineligible to offer for reelection under the provision of the new Montg gomory city commission bill, which specifies that no member of the commission who has held office for three consecutive years prior to the next general election shall become candidate for another term
 Under the ruling of the court, not only will MT Brassell be unable to run for reelection, but President William A. Gunter, Jr., will also be ineligible for reelection. However. President Gunters name was not mentioned m the proceedings brought by MT. Bras sell.
 Boundary Line Case
 Dispute over the boundary line be- tween Elmore and Tallapoosa coun ties was settled by decision of the su- preme court in the case of the Tallassee Falls Manufacturing company vs. tfe state. having been brought to the high. CT court on an application for writ of certiorari to the court of appeals. inc writ was granted.
 The question, involved in the case was whether the dividing line btween Talla poosa and Fillmore counties is locate at the middle or thread of the Tal : lapoosa river. or at the western mar gin or bank of the stream. The court decided that the dividing line was at the middle of the stream.
 The city of Birmingham was denied petition for a writ of certiorari to the court of appeals to review the decision of that tribunal in declaring that .he provisions of section 36-F of the rev. enue act of 1911 exempted the Birminx- ham Waterworks company from the