The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1909-11-06

the police power, from designating the
places where such liquors may not be
stored or kept.
The existence in the proposed amend
n1ent of the clause 'in the exercise OF the
police power Is important and slBnincant
and tends to show what character OF
power the proposed amendment Woulo
vest in the legislature.
Police power Is the name given to that
inherent sovereignty which 1t is the right
and duty of the government or its agents
to exercise whenever public policy In
broad sense demands, for the benefit OF
society at large, regulations to guard its
morals safety, health, order or to insure
In any respect such economic conditions
as an advancing civilization of a highly
complex character requires."-s Cyc S6S.
1t has also been defined to be 'as UNI
derstood In American constitutional law,
the power to impose such restriction upon
private rights as are practically neces-
sary for the general welfare of all"
Should the legislature under the pro-
posed amendment pass a statute desisnat-
ing the home as one of the places
where liquor should not be stored or
kept, every prohibitionist In Alabama who
believes in the passage of the amendment
would immediately insist that such stat
ute imposes a restriction upon private
rights which Is practically necessary for
the general welfare Of all.
The government of the United States
being one of the enumerated powers, the
non-enumerated powers being reserved to
the states 1t follows that this police
power not having been delegated to the
federal government, was left with the
individual states and belongs to them by
virtue sovereignty and has no limitations
or restrictions except such as are found
in the constitutions Cyo. S65.
The purpose of construction as applied
to written constitution 3 to give eff
feet to the intent Of the trainers and Of
the people who have adopted 1t, and 1t is
O rule of construction applicable to con-
situations that they are to be construed
so as to promote the objects for which
they were framed and adopted.-Dorman
We. state, "a Ala, 210
And to accomplish this result the ex-
tremes of both a liberal and 8 strict con-
struction are to be avoided and technical
rules are to be excluded.-Dorman VS..
state supra.
It will therefore be seen that as the
exercise of the police power has no limi-
tations or restrictions except such as are
found in the constitution. and as this
proposed amendment provides that moth
Ing in the constitution shall be construed
SO as to prohibit the Legislature under
the exercise of the police power from
designating the places where Intoxicating
liquors may not be stored or kept, that
the legislature will have under this
amendment the absolute power, IL Cover
nor Conner should call them into extra
session, to pass a bill making II a felony
to keep or store In any place Whatsoever
within the confines of the state of Ala
bama any vinous. spurious or malt liquor
or any other intoxicating drink or bev-
erage or any alcoholic beverage of any
kind, ana the legislature could in the
same statute, and no doubt will. II the
amendment Is ratified, specifically desig-
nate the home as one of the places where
1t will be unlawful to keep or store any
of the prohibited liquors.
I do not believe that the conservative
people of the state of Alabama will ever
give such unbridled power into the hands
of politicians to be used for the advance
ment of their own ambition and political
preferment. Very respectfully
NJ. NJ. ULI,MAN.
Birmingham. November 5. 1909.