Pine Bluff daily graphic., 1918-11-28
Atty Gen. Still Fighting Railroads Enjoined From
 Transporting Liquor.
COMPTROLLER WILL
 ISSUE NO LICENSE
Vets May File Mandamus Petition in Supreme Court
 Directing the Issuance

Austin, Tex, Nov. 21.-The attorney generals motion for rehearing in the state wide prohibition test case was overruled by the court of criminal ap- peals today. With the issuance of the court mandate which if custom is fol- lowed will be Friday, the last step will be taken and the prohibition act will be declared unconstituttional
 Judge Prendergast dissents.
 The opinion, which was written by Judge w. c. Marrow, holds that mili- tary necessity does not become author ity for the passage of a law unless public danger be immediate, immin- ent and pending. It further holds that statutory prohibition was not neces- sary to protect soldiers from liquor evils on account of regulations al ready existing.
 Attorney General Looney has main- tained that the portions of the act forbidding transportation of intoXi eating liquors are unaffected by the decision of the court and has obtain- ed injunctions forbiddng railroads from disregarding these features The Gulf, Colorado and Santa Fe Railway has an appeal pending to dissolve the injunction and the constitutionality of these portions will probably be carried to the Supreme Court
 Today's decision prevents d re-hear- ing in the case of F. Meyer, who was arrested in San Antonio for selling intoxicants and upon whose applica- tion for writ of habeas corpus the court of criminal appeals held the law unconstitutional.
 Acting on an opinion by the at torney general that no law now exists authorizing the issuance of licenses, the state comptroller has announced that he will issue no licenses for the sale of liquor. The attorney general said his department would take every step available ill law to hinder the traffic.
 Notwithstanding the fact that the ed the Texas stateutory prohibition liquors unconstitutional and refused a motion for rehearing today, Attorney General B. F. LOOney declared that the state is still legally "dry" and his department will spare no effort au thorized by lawt0 prohibit traffic in intoxicating liquors.
 The state comptroller, following an opinion given him by the attorney general, states that he will not issue permits to secure license to sell liquor in Texas. The attorney general holds that only the portion of the law which prohibits selling of intoxicants is affected by the recent decision, and that those parts which make it fel- ony to transport, advertise, manufac- ture, deliver, receive, or store liquors are still in force. He also holds that all liquor licenses became void when l the act went into effect and that no law authorizing the issuance of new 1 licenses is now in force.
 Injunctions restraining practically every railroad in the state from ship ping liquors have been secured by the attorney general and an appeal to dissolve injunction has been made to {, court of civil appeals by one of the
 railroads.
 1 The next legal step to obtain license open to saloon men, is to file motion in the supreme court for leave to file petition for mandaus to force the 1 comptroller to issue permits.