The Birmingham age-herald., 1909-07-02
Court Also Held That Soft Drink Stands Can Store
 Liquor on Premises
SUITS F R DAMAGES
 MAY NOW FOLLOW FAST
B. M. Allen Believes That Proprietors Can Recover Damages for Liquor That Has Been Seized
 and Destroyed.

The decision of the supreme court on the liquor storage question came as a big surprise in most quarters, and left a number of prominent citizens almost speeches.. It seems to put barrier in the way of the proposed legislation, and it is generally believed will make it almost entirely impossible to abolish the locker clubs, and to successfully raid the soft drink stands.
 It will probably also result in many suits against public officials for recovery of liquor which has been destroyed, and if 1t be ruled that for every gallon of spirits which has gone down Village creek the owner may recover, the result will be sensational in it's proportions.
 This decision comes as a big relief to hundreds who had been arrested in soft drink stands and locker clubs, whose cases had been temporarily held up until the decision was handed down by the su- preme court. It is generally believed that the state will carry the controversy to the supreme court of the United States.
 The supreme court has not only knocked out the attack on the locker clubs, but bas made it impossible to arrest simply on the ground that liquor was stored in sort drink stand. The Henry French case' which was carried up to the su- preme court by Allen & Bell, is the Bir- mingham case, and deals particularly with the soft drink stand
 As Judge B. M Allen says: "These de- cisions clearly establish the right of the citizen to own and store liquor anywhere he pleases. It makes 1t impossible to pass any law against storage because it is judged an impairment of the rights of citizenship and against the constitution of the United States.
 Several months ago, after the passage of the anti-storage ordinance by the city of Birmingham, which prohibited the Keeping or having liquor in any soft drink stand, French was arrested and we decided to make it a test case We at tackled the constitutionality of the ordi- nance, a< were overruled by Judge Fea- gin and Judge Green. This decision, to- gether with that on locker clubs in the case of Eidge of Bessemer, which in- wolves similar questions, makes 1t possi- ble to store anywhere.
 The court holds that 1t is without the province of police power in that every man has the inherent right to protection of his property. Unlike dynamite, 1t is not matter of public danger, and 1t will be long time before any one will find a loophole through this decision.
 | ages for liquor which has been destroyed. and it may be easy to recover. This is a decision of great importance, and it will no doubt stand"
 Judge Gaston,s Views.
 Tn my opinion the decision of the su- preme court with reference to locker clubs means virtually a knockout blow for the prohibition law as far as the effective ness of the law is concerned, and an at tempt to remedy the matter will prove a. long shot, said Judge Zell Gaston last night.
 'T believe the only way around the rul- ing of the court will be the adoption of a constitutional amendment dealing with the subject. and the passage of such an
  to the constitution would. of course, have to be presented to a vote of the qualified electors of the state. and about all the legislature can do is to call an election for a vote on the matter.
 without such measures I do not see how the ruling of the court can be pos sibly gotten around. It is held that liquor Is property and that when 1t is properly handled it cannot be confscated, nor can It's use be lawfully prevented. This is clear enough. It simply means that liquor is property and not contraband and that its storage and use under proper conditions cannot be prohibited
 Tyler Goodwin Talks.
 There's no telling what the legislature is going to do," said Tyler Goodwin of Montgomery. who recently resigned his seat in the house after serving several terms, and who was in Birmingham yes- terday. "To try to figure out just what will be the outcome of the special session would be the same as trying to solve a Chinese puzzle. All there Is for the public to do is to walt and see, for the legisla- ture is. liable to do anything" This was his answer to the question, What do you think the legislature will do now after the supreme court has upheld the locker clubs?"
 In reference to the manner in which pro- hibition was being handled, MT Good win extended an invitation to his ques- tion to visit Montgomery and see if he could note any change since the olden days. An emphatic "No" was his answer to the question as to whether or not the thirst emporiums had moved from