The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1909-11-10

kind of an intoxicating drink used as a
beverage which is not included in the
terms alcoholic liquors and other in
toXicating beverages? l am sure the
writer of that paragraph believed he had
covered the whole ground and 1 am
equally sure that he did. If the manu-
faeture or sale of wine had not been in
eluded why provide further an ex-
ception, so that wine could be sold for
sacramento purposes? If wine had not
been included then there would have
been no need of making wine an excep-
ton. A contrary contention seems to me
to be puerile. Our supreme court has
defined both terms, alcoholic liquors and
Intoxicating beverages" Anyway the leg
islature may pass law without violating
this proposed amendment and make the
manufacture Of wine at home or abroad a
criminal offense and then authorize the
searching of your house to whether
you have violated the law This cannot
be done now. The bill of rights comes in
TO protect the liberty of the person and
sanctity of the home. Some say that no
legislature will ever pass such law. That
is no answer TO the proposition. The
question is does the amendment author
ize the Legislature to pass such law?
If so, it should be\rejected as consti-
tutional enactment. Again, If it is to
serve no purpose, what is the use of put
ting Ii in the constitution If 1t is so
framed that 1t could be enforced oppres-
sively that is enough to condemn it.
l have received a circular in which 1t
is stated 1 believe for the purpose of
misleading, that prohibition occurs some
is times in the constitution. Many no
doubt have been led to the conclusion
that prohibition" as here used referred
to prohibition of liquors, etc. In reply 1
would say that the constitution Is made
up of prohibitions.
-
ton to prohibit the legislature. and not
to grant it power. 1 further assert that
not one of the prohibitions mentioned re-
fers to liquor of any kind. l furthermore
assert that the word liquor appears in
the constitution only three times and in
neither instance is the word used in ref
erence to the manufacture or sale of IL
quor as now under consideration. The
first instance IN which It is used is to de-
clare the incorporate of liquor
ground Of impeachment for the removal
of an officer from his office. In the
next instance the constitution in provid-
ing that no local laws should be passed.
when the remedy sought could be Sc
cured by a general law, excepted from its
operation the passing of local laws pro-
hibiting or regulating the sale of liquors
so that all such laws might be brought
| before the legislature at any time. The
third time the word liquor appears in
the constitution, the section In which it
occurs has been misstated and perverted
to suit certain purposes of those who
favor the amendment. 1t is often said
the present constitution prohibits the sale
or use of liquor on election days. 1t does
no such thing. The trainers of this sec
ton would not interfere with the police
powers of the legislature by putting such
a provision in the constitution. 1t goes
no further than to declare that the leg
ka
regard to the use of liquor election
days. The constitution itself does not
undertake to enact that which was strict
| ly legislative duty under Its police
| powers. 1t is more than prob
| able that such a section would have been
omitted entirely but for the fact that
it was in the constitution of 1875 and
| carried into the present constitution, lest
| some person might infer that there had
been a change in the views of the franz
ers of latter constitution. They simply
| approved and Endorsed the action of the
| previous convention, neither interfering
| with the legislative power, but suggesting
! its duty 1t is extensively asserted that
those who are opposing the amendment are
| taking the part of the saloonkeeper, and
are aiding the open traffic of liquor, and
that the amendment is necessary to stamp
! out the evil and 'cage the blind tiger"
that graft is the motive power to such
neither of the statements Is true. 1t is
monstrous to assert that personal lib.
! erty'' and the"sanctitl of the home" must
! be shut up in the same cage with the
| blind tiger. Why would not the law
be just as effective against the saloon and
blind tiger If the liberty of the citizen
/ and the sanctity of the home had been
| left out of the influence of the amend
ment? Some have, and others may assert
that the home and personal liberty are
exceptions. just as Judge Thorington has
attempted to do, but no reason or egiti-
mate argument can be adduced to sus-
| tain such contention The words of the
amendment, the object to be reached tie
| rules of construction will not admit of
| such a construction.
The swaddling statesman and Sons
| of Bosom who have forsaken the Right
way and gone astray." and have re-
appeared as the political parson find
most encouragement among those who
| know nothing of the bill of rights and
! what ii cost to- secure such immunity.
and how absolutely necessary it is to
guard them against any encroa Oh ment,
to perpetuate our free institutions. They
! are as blind to the danger before them
as BALKAN was. Unfortunately there are
| many with ears on the tiptoe of ex-
| pectation and mouths wide open ready
| to swallow whatever comes from a
| fcal voice." Fortunately for the coun-
try do not believe they constitute a
majority of the intelligent voters. 1
feel sure they will show on the 29th
| of November much wisdom as
Balaams ass and refuse to be driven
/ onto the danger. If the making of laws,
| especially organic law intended to pro-
| tect all the people, and control legis-
| lative action, does not present a politi-
cal issue and involve political action.
pure and simple, then my memory has
failed me, and my judgment has lost
| the power to discriminate between facts
and phantasm.
These swaddling statesmen and sons
of Bosom tell us we owe it to our wives
and children and country as patriots to
| sustain this amendment, and that we
can't afford to make record against
it, l speak for myself, and In doing
so I believe l voice the sentiments of
tn ousands in our state who are en-
| titled to make like claims as mysei..
AS a young man L offered my life in
defens Sc of orr constitutional rights and