The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1916-10-01
JUDGE GRUB GIVES
INJUNCTION AGAINST
SEEING AMBROSE"
Agee States That No Effort
Is Being Made by cam
brosia" People to Gain
Temporary Advantage

| Federal Judge w. I. Grub signed a
| afternoon restraining Hugo L. Black.
solicitor; Conrad w. Austin, deputy sher-
| if and F. NJ. Jackson from siezing or
| interfering with the storage of 70 barrels
| Of "Ambrosia" Friday, October 10, was
set as a date for hearing for final adj
| judcation of the case.
| The petition for Injunction was filed
after a bill of complaint against Con-
rad w. Austin by the Central Consumers
company of New Jersey had been filed.
| The complaint asks for the protection Of
| 70 barrels of "Ambrosia" formerly seized
| by Sheriff T. j. Batson at the Louisville
and Nashville freight house. The manu-
| 70 cturers of the beverage allege that 1t
| is nonalcohoifc and NOTWITHSTANDING,
| therefore not in violation of the state
prohibition laws.
The bill of complaint was filed by For
ney johnson, representing the Central
Consumers company, and set forth that
Fred M jackson has joined or purposes
to join with Solicitor Hugo Black and
Conrad w. Austin in financing or pre-
venting the storage or sale of "Ambro-
sia' in Jefferson county. 1t is averred
that there is no legal ground by which
the beverage might be condemned as an
article of interstate commerce, or other
wise Disseminated against, inasmuch as
it is not in violation of the prohibition
law.
1t is alleged in the bill of complaint
that Solicitor Hugo L. Black threatened
to do all in his power to prevent the
sale of "Ambrosia" in Alabama, follow
ing the decision of the circuit court or
dering the 70 barrels siezed from the
Louisville and Nashville Railroad com
pany to be returned.
HISTORY OF THE CASE
Fehr's "Ambrosa" was introduced IN
Birmingham by L. w. Scoville, pro-
prietor of the Norris hotel Test cases
were made and Mr.. Scoville and others
were arrested for selling the beverage
it being alleged that it was In VOCATION
of the state prohibition law. injunction
proceedings were filed in the city court
and a permanent injunction granted re-
straining the sheriff or any offlcer from
Selling or arresting persons selllng AM
brosia" Following the order Snerl1l
Batson and Commissioner Barber orderea
their officers to be "hands or ana
"Ambrosia'' was sold in birmingham for
a time.
Judge Samuel D, Weakley, author OF
the prohibition law, took matters iaeo
hand following the granting OF the III
junction, and together with Attornes
General Martin secured writ OIL proii-
hilton from the supreme court dlssoivins
the Injunction. on the ground that the
courts had no jurisdiction to prevent an
officer from enforcing the law unul SUCH
a law was held to be VOID.
Following this, 10 barrels OF the peVor-
age were seized at the Louisville anu
Nashville freight house ana remoVeu "
the county courthouse. on commemorative az y '
hea rings in the circuit court tne 10 oal
nc, rsara released and the sheriff or
dered to return them to the place from
which thew were seized. Upon the return
~ the beverage the railroad would not
accent it. and it was stored In the ifeis ~
house. ,;,. order
.ueees that it is for the protectlon OIL
this particular consignment tnaI ene
temporary restraining order is sousn'' xo,
I'VE did not oppose the petltion io %
.ro,.rv restraint from seizing the ~
ha rreIs said Solicitor Black last Night
UT we surely will fight the finai IN
,rnc+ion to the last notch. Inc tenn,
norary Injunction gets the Aiiloi Use
soon,a nowhere at all. 1t only removes
~, of wing heavy storage, and II any
a4tar,nts are made to sell the peVerase
a. ha at the risk of the dealer, as
crubh did not give them that re-
lief"
AGES STATEMENT
w. G. Agee. who verified the nili i.su
=. ~. feaeral court on which the tenn
,oro nv restraining order was mace. sOaleo
~ tha manufa cturers Of Ambrosla were
$1,000 In their desire for an orderly de-
sann,ination bv the courts of the conten-
49,, ~ the solicitors office that the
hauarara is prohibited. He stated tnae
nandinp a final determination py tne
conrts it is prob able that no eHort woulu
~ ,,,oda To extend the sales OF the Dew
arc pe other than to dispose OF the aiiiouii.
IN hand. which was recently ulscilai % y.
nv the circuit court from SEIZURE anu =
eynressly covered by restraining oiuoi
from the federal court; that II Is neces-
sarv to dispose of that shipment IN or
So ~ relieve the owner OF heavy ex-
nense for storage and rent and wished
~ state alphabetically that no enort is
Sa,,,sr made on part of the complainant
eor snv mere temporary advantage or
.onnrarv right to dispose Of "Ambro-
s;a : ra stated that If by any possibility
"Ambrosia" could properly pe c.asse e.. ?
a prohibited beverage neitner lne e ~.
trail Consumers company nor any " 80
agents or representatives desired 70 nam
die the same, and concluded py express
ING the hope that there would De no con-
troyersy between the local solcators Oh