The Birmingham age-herald., 1916-03-16
CITY CHARTER GIVES RIGHT ID INSPECT. AND GAUGE LIQUORS Ullman Claims Important Point in Test of New
 Inspection Law CONFIDENT APPEAL
 MEANS A VICTORY Supreme Court Is Expected to Give Decision on Important Ques-
 ton as Soon as
 Possible

City Attorney M. M. Ullman announced yesterday afternoon that he had discov- cred section in the charter of the city
 of Birmingham that explicitly stated that
 the municipality had the right to inspect and gauge liquors"
 This section" said Mir. Ulman will convince the supreme court in our ap- peal from Judge Sharpe's decision that Birmingham has the undeniable right to rass and enforce a liquor inspection law"
 Mir. Ullman also announced that he was working night and day with his
 assi istants preparing brief for his ap- peal to the supreme court from the de-
 cision of Judge Sharpe, which was hand
 ed down last Saturday afternoon and which declared invalid the Walker liquor inspection law, under the provisions Of which the city had been collecting 50 cents fee, from all individuals who re- ceived a shipment of liquors from the express or freight offices The prier and
 the appeal bond are expected to be filed by City Attorney Ullman tomorrow at ! the latest.
 Tt will be at least 20 days" said MT. 1 Ullman. "before we can secure any ac- l ton from the supreme court, but I antici- ! pate the highest tribunal of the state will act very quickly on the liquor in l spection law and I also anticipate a l favorable decision for the city of Blr- ! mingham.'
 ] The section of the Birmingham civic charter, and which it is contended has | rot been repealed by any state law up
 to date, specifically states that the mu- niclpalty has the right ITO pass ana en-
 act inspection laws within the city, and 1 to provide for the inspection and Saug- l ing of liquors
 That section of the charter" said MT. Ullman, has never been repealed
 CT modified and it means that we go | to the supreme court with the law on our side.
 l '"In the hurry of preparing the ordI- nance and the hard work of getting ready l for the attack on the consttutionality of the liquor inspection law the city at l torney's office overlooked that section | of the Birmingham charter. lncidently 1 l am assured that Judge Sharpe and the attorneys representing our opponents also | overlooked that vital section of the char l ter which gives us the right to inspect 1 and gauge liquors. l am most happy to 1 have found that important regal right l for the city, as It now assures us tna' Judge Sharpe's decision will be reversed 1 by the supreme court.
 | In the meanwhile awaiting the appea
 and decision by the supreme court the i city is going ahead vigorously enforcing
 the liquor inspection law, and collecting 1 the 50 cents fee.
 1 As the case now stands anyone who
 desires to make a $500 bond can secure an injunction against enforcing the liquor 1 inspection law and collecting the fee, as Judge Sharpe's decision declares that the | ordinance is invalid and that citizens af- | fected by it can invoke the injunction
 for protection of their rights. | There is also decree of a temporary l injunction already standing against the city from D. H. Markstein. but the at l torneys of MT. Markstein, upon the ad- i vice of Judge Sharpe, have decided to await the decision of the supreme court before insisting that a permanent in
 junction take effect l We are all hoping that the supreme court will be kind to the city of Bir- min gham,'' said Commissioner Ward yes 1 terday afternoon, "as I am convinced
 that the liquor inspection is constitutions
 and fair law