The Birmingham age-herald., 1909-10-23


 uct intoxicating?" If so, it is prohibited, and if wine made for sacramental pur- poses Is intoxicating the making of such wine for the purpose named would be as much a violation of the constitution as the making of 1t for any other purpose.
 The word manufacture" as used in the section, means making"
 The word Is to be construed so as to ar- rive at the intent and purpose of the sec ton as gathered from the entire section, Which is obviously to prohibit the produc- ton, the making, the creation of any in- toxioant, and anyone who makes or pro- ouces the prohibited beverage "manufac- lures" 1t within the meaning and intention of the section.
 Answering your second question-In my opinion if the proposed amendment is adopted, the making of cordial and wine 1T the cordial and wine made Is intoxicat- ing, would be in violation of the constitu- tion regardless of for what use or pur- pose 1t Is made, or of what it Is made or by whom it is made. There is no ex- ception If the product made is intoxicat- ing, the making is prohibited.
 Answering your third question-In my opinion, if the proposed amendment ia adopted, the legislature would have the power, under section ?, to enact laws au- thorizing officers to forcibly enter and
  Under this section the legislature couid enact law designating the home as a place where the prohibited liquors could not be stored or kept, the same as it could designate any other place. The section referred to necessarily means more than comforting the mere power on the legislature to designate a place or places where the prohibited liquor cannot be stored or kept
 If necesSarjlv arrfac with tf kb> in the legislature by law to provide means for searching places designated where the prohibited liquor cannot be stored or kept.
 The manifest purpose-o this section IS to remove an existing or supposed ex- isting constitutional barrier.
 The only provision now in the constitu- I tion which might act as a barrier is section of the bill of rights, which is part of the constitution, and is as fol- lows:
 That the people shall be secure in their persons. houses, papers, and possession from unreasonable seizure, or searches and that no warrant shall Issue to search any place or to seize any person or thing without probable cause supported by oath or affirmation"
 If section of the proposed amendmert does not relate to section of the ex- istfng constitution and seek to modify 1t or prohibit construction of 1t. that might stand as a barrier to the pur- pose and intent of said section 3, am unable to find any provision in the ex- fsting constitution to which said section 9 does refer.
 If 1t does refer to section 5 of the existing constitution, then It's evident pur- pose Is +o remove such of the provisions of section as might be construed to prevent the legislature from authorfxina . the search of any and all places that the legislature designates as place where the prohibited liquor cannot be stored or kept.
 If the home is designated by the legis- lature as place where the prohibited liquor cannot be kept, then section of the existing constitution is not to stand as barrier preventing the legisla- ture from authorizing the homo to be searched for the prohibited liquor Re- spectfully, E. J. SMYER.