The Birmingham age-herald., 1916-03-12
Street Tax Looms Large on Horizon in Case Supreme Court UphOlds the De- cisiOn
COMMISSION IS
 ALMOST STUNNED
 BY THE PROSPECT
Judges Contention Put in Form of Conversation Be- tween Citizen and Officer Regarding Tax

Judge II. A. Sharpe of the fourth di- day afternoon that city ordinance No. Sf5-C, known as the liquor inspection law, was invalid and unreasonable The city will at once appeal to the supreme court court from the decision of Judge Sharpe. The decision by Judge Sharpe does not interfere, at the present time, with the enforcement of the liquor inspection ordi- nance by the city, and it was stated b, President Ward last night that no change the law.
 From the decision of Judge Sharpe, '' said Mr. Ward, the city is not enjoined and upon agreement we will continue the collection of fees until a decision is rem dered by the supreme court However, to say the least, the decision by Judge Sharpe is very embarrassing to the city, City Attorney M. M Ullman stated yesterday afternoon that within a req sonable time he would file notice of ap- peal to the supreme court. He would make no public statement.
 ATTORNEYS PRESENT
 
 The decision of Judge Sharpe was made yesterday afternoon, with Walker Percy. attorney for the complainant D. H. Mark stein, and M. M. Ullman and w. A. Jen- kins. attorneys for the city, present
 Alter the announcement of the deci- sion Judge Sharpe suggested to the op- posing attorneys that the matter of is- suing an injunction against the city be passed over until the supreme court ha q aoI In i,t~ stands any citizen who feels inclined to take the trouble can secure an injunc- tion against the city collecting a fee of 50 cents by merely asking Judge Sharpe for it.
 TEXT OF DECISION
 Tho decision of Judge Sharpe follows in full
 City Court of Biriningham-In Chancerv D. H. Markstein vs. George B. Ward ct al.
 The inspection ordinance here in oues- tion must be tested as to the validity by what It accomplished, rather than by its declaration of purpose and intention
 Some understanding of the enactment as it appears in operation may be had by supposing a colloquy such as might naturally occur between the inspecting officer and the citizen as follows:
 "Officer (to the citizens): Produce you, package of whisky for inspection. : Citizen: The whisky is not Tor sale the public is not concerned with it's dual. ity and therefore inspection and stannina is not legal
 Officer: Acting officiallytI am con cerned not with quality but with quan. tity'
 Citizen: The quantity is such as the law allows
 Officer: Upon the chance of finding you are mistaken, I demand the bot tie. If you refuse compliance the jail awaits you
 Citizen: If I comply, it awaits me likewise, in case the bottle is found too large. Thus, under the ordinance. l may be compelled to furnish evil dence for my own conviction How ever, I produce the bottle.'
 "Officer: see you are right about the size. Pay me 50 cents.'
 Citizen: The whisky has been paid for. The inspection was not at my request Why pay 50 cents?
 USE FOR 50 CENTS
 Officer: Your sordid inquiry and your hesitation at this important part of our transaction impel me to again make reference to the jail. To clarify your understanding I will explain that the 50 cents will be used to pay ex- penses of inspection and of prosecut- ing those charged with violation Of the liquor laws, whereby the peace and good order of the community will be conserved
 "Citizen: But there are public func- tions such as, in my simplicity, had supposed were to be paid for by the public. To thus discriminate against the thirsty few, who for the most part are acting within the law, seems opposed to the legal theory and requirement of taxation laws. Under compulsion. I now part with my 50 cents
 "Officer: Another purpose, as dis closed by the ordinance. is subserved by the exaction. It tends to increase the cost of liquor and thereby de- crease it's consumption. We do this under police powers of the city, to conserve morality, to do this to raise revenue is the purpose of the ordi- nance. Read it.
 "Citizen: The verbiage employed in it is deceptive. The ordinance declares distinctly in favor of morality and good order, and is obscure on the sub ject of revenue yet apart from the creation of new offices, the raising of revenue seems to be the main ac- complishment of the thing in action. The 50 cents was mine It is yours. get nothing but such consolation as may be found in the bottle Liquor will be. cheaper at the blind tiger. I must quit talking or I may become disorderly. As last word I will say,
 (Continued on Page Eight)