The Birmingham age-herald., 1916-04-20
Each Man Who Has Paid Inspection Fee Must En-
 ter Suit for Recovery
CITY STILL THINKS
 ITS NEW ORDINANCE
 WILL BE UPHELD
About $30,000 Has Been Collected. Present Average From 1900 to 1400 Packages
 Day

Should the state supreme court hold that the liquor inspection ordinance of the city of Birmingham is invalid. it is the present intention of the city commission to keep all the fees collected Np to the time of the official filing of the decision.
 It is felt that it would be a physical impossibility for the city commission to attempt to make a refund of the 50 cent fee now charged on all liquor shipments that are delivered in Birmingham and the attitude of the commissioners, should the supreme court sustain the decision of Judge Sharpe of the city court that the liquor inspection ordinance is unconstitu- tional will be that persons who desire the return of their money shall file suit for it. However, tine city commission does not anticipate that the supreme court will sustain in the views of Judge Sharpe and therefore it ayers that all statements as to what will become of the revenue col lected under the operations of the liquor inspection ordinance are mere conjec- lures.
 AT LEAST 30 DAYS MORE
 According to the best advice, the su- preme court will not hand down a de- cision on the liquor inspection case for another 90 days If the decision goes against the city, it will be appealed if possible to the supreme court of the United States. If the city wins it is also assumed that Walker Percy, the at- torney for D. H. Markstein, who is the liquor dealer that is attacking the consti- tutionality of the local law, will also ap- peal to the supreme court.
 The liquor inspection ordinance was passed by the city commission early in February and went into effect on Febru- ary 21. Its provisions were that all pack ages of liquors that entered Birmingham by whatever source should be stamped as inspected by the city of Birmingham. The cost of this inspection was fee of 50 cents payable at the time of the in spection or else the liquors were confis- cated.
 The law also contemplated the stricter enforcement of the prohibition statutes, as it called upon the city inspectors to maintain an accurate record of all liquor shipments that came in with the names of the consigners. These records are now used as evidence in the courts on all trials of prohibition cases. as tending to against the prohibition statutes has re- ceived his liquors legally.
 SHARPE RULED. AGAINST IT
 No sooner had the liquor inspection or diance gone into effect than it's constitu- tonality was attacked in the state courts, as City Attorney M. M. Ullman announced +b h. bo ic1; 2 the federal courts on the matter. On March Il, Judge H. A. Sharpe of the city court handed down a remarkable decision in which by the admirable use of satire in dialogue between an inspector and a citizen he held that the ordinance was i'm valid The city of Birmingham then ap- pealed to the supreme court and now awaits the decision of the highest state tribunal on this important piece of legis- lation.
 When the liquor inspection law first went into effect it found the public in a recalcitrant attitude, but the uniform po- liteness of the liquor inspectors and their diplomacy soon reduced the friction until at the present time, it is said the law is found to be working smoothly with a minimum of complaints. It has also been found that the liquor shipments instead of decreasing, as was predicted, have in creased until at the present time the daily average is between 13O0 and 14O0 packages, as against the estimated 1000 ackages at the time the ordinance was passed.
 OVER $15O,0OO A YEAR
 The liquor inspection ordinance was passed by the city commission for the purpose of raising about $l50,000 of rev enue which was lost to the city when prohibition went into effect. From the present indications if the supreme court holds that the law is valid the city com mission will easily attain the s15O.OO0 mark and go over it.
 At the present time there is about $30, 900 in fees already collected and the income under the workings of the liquor inspec- ton ordinance Is about $4000 a week The cost of actual operation is estimated at $70 day or about $2o000 year. which glvss an idea of the revenue the ordi- nance will produce if declared to be con- stitutional
 Following the lead of Birmingham sew eral other cities in the state and through out the country wherever there is a pro- hibition statute adopted. liquor inspection ordinances modelled on the one now in vogue in Birmingham. However, owing .o the legal attack most of these ordi-