OCR Text |
Show wets win Again 1 in prohibition tests in texas By Aiseclated Prase. j APHTIN. Tex. Nov. 27 The ! attorney general's motion for a I rehearing In the atHtewlde prohibition prohi-bition test case was overruled by the court of criminal appeals- today. to-day. With the Issuance of the court mandate, which if custom is followed will he on Friday, the last step will be taken and the, prohibition act will be declared unconstitutional. un-constitutional. . Judk'e' Prendergast dissents. The opinion, which waa written by .iiinaje w, i . .tiorrow, noius inm military mili-tary necessity does not become authority author-ity fur the passage . of a lew unless public danger ba Immediate, imminent and n ntling. It further holds that statutory prohibition was not necessary neces-sary to protect aoldiera from liquor evils on account of regulatioua already existing, Attorney General Looney has maintained main-tained that the irortlons of the act for-i for-i bidding transportation nf intoxicating j liquors are unaffected by ihe decision j of the Court and haa obtained injitne-I injitne-I ttons forbidding railnrnda from disregarding disre-garding these features. |