The Birmingham age-herald., 1916-03-06
COURT DECISION ON LIQUOR TAX LAW IS |. OF GREAT MOMENT Final Facts Will Be Sub- mitted to Judge Sharpe
 This Morning MEANS MUCH FOR
 REVENUES OF CITY Other Cities Are Also Watching the Case With Intention of Enact
 ing Similar Law if It Holds Good

This morning in the city court, be- fore Judge H. A. Sharpe, the question of constitutionality of the liquor in spection law enacted several weeks ago by the city commission of Bir- mingham will again become of para mount importance. The hearing on the injunction bill filed by D. H. Mark stein, to enjoin the city from enforc- ing the liquor inspection ordinance, will be resumed at 10 o'clock.
 The verbal arguments for and against the ordinance, which were par ticipated in by City Attorney M. M. U1lman and Assistant City Attorney w. A. Jenkins representing the com- mission, and Augustus Benners, Judge J. J. Lynch and Walker Percy, attor- neys for MT. Markstein, were termi- mated on Saturday afternoon and the only procedure left this morning is for the attorneys opposing the ordinance to file an amendment to their original in- junction bill and for the city to make an answer to the amendment. The case will then be taken under advisement by "NN6O AiioA POt oithOu5ii eSii AiiiAiAS1AeNeo decision would not be surprising. Whichever way Judge Sharpe decides the case, 1t is said, either side will ap- peal to the supreme court.
 IN EFFECT FEBRUARY 21 The liquor inspection law went into time all liquor shipments arriving in Birmingham have been taxed 50-cent fee for an inspection and the placing of record stamp on the receptacles in which the liquors come. The law is mandatory in that it forces the persons who receive liquors to bring the whis- kies or beers to the inspection depots of the city to be inspected. The find- ing of liquors unstamped in homes is regarded as prima facie evidence that a violation of the law exists. and severe penalties are thus incurred. In speaking of the law at the hearing on Saturday afternoon Judge Lynch, of the law firm of Allison, Lynch and Phillips of Chattanooga, representing MT. Markstein, said:
 Tt is the most ingenious ordinance that has ever been enacted by a munic-
 
 | measure was devised solely for revenue, | yet the assumption is held forth and I consistently maintained that it is bona | fide inspection law when the acquiring of 50-cent fee by legal means is the I sole object
 To controvert this argument the city | of Birmingham contends that all the funds collected through the liquor in- spection department go to support the ;4io T municipality. It is also averred that it takes the entire police department to properly enforce the liquor legislation, and therefore it is not a revenue meas l ure, as charged.
 REVENUE FROM LAW | As. for the revenue the inspection law I brings in, it is stated at the city comp I troller's office that an average yield of $500 daily is consistently maintained. There is yet no accurate basis on which I to figure the actual operating expense | of the inspection.
 ] If the liquor inspection law is consti- ltutional, it means that the city of Bir- mingham has inaugurated one of the greatest systems of obtaining revenue from the use of liquors in prohibition | states now known. Every prohibition state in the United States has it's eyes
 
 I is declared to be valid and will stand ! the acid test of the courts, it is stated that all the 'dry'' territory in the coun. l try will immediately - enact inspection ordinances based on the one now in effect I in this city. Already in this state sev- eral towns and cities have adopted the Birmingham ordinance.
 l On the contrary, if the law is uncon- stitutional, it means a serious setback to the city in financial way and also means that a street tax will probably ] be passed almost immediately. Inci- i dentally the hundreds of dollars collected In fees will necessarily have to be re turned to the public.
 l But whether the law is constitutions or unconstitutional. the city commission has made itself very unpopular witt certain elements for enacting it. On tn, streets, in the restaurants, in the clubs and in all places of gathering the liquol Inspection ordinance Is the topic of the day. As general proposition thu liquor inspection ordinance cannot be said to have met with genial approval Bu l Commissioner Ward says:
 1 "All new laws are looked upon coldly at first and sometimes with opposition It takes a few weeks sometimes months and then when the public realizes that the world is not coming to an end after all, it forgets all about the law ir question in kicking at something else Tho liquor inspection law is a good ant fair proposition to both the public ane the city"