The Montgomery advertiser., 1909-04-10
Decision Rendered by Judge Mayfield. COVERS CASE APPEALED
 FROM BEssEMER COURT Every Mans House Is His Castle
 Says the Justice. sesrsA warr..ss Are Not Allowed Ts ossai. nviaesce, Bat OnIy A. lowed Amer rAe Eviaeaes is
 ossained.

Declaring a violation Of Section p4 the Bill of Rights, and sa violation Of Constitution. Justice Mayffsld held es void. in an opinion rendered yesterdAys the ordinance of the City of Bessemer. which prohibits the storing of liquork in any house, building or apartment In which persons resort, and which pro- vtdes for warrants for the search of suspected quartsrs-
 The opinion came in the case of the City Of Besseriler against w. s. Eidge. Eidge was arrested on september .. 1908, on . warrant sworn out by ". L4 Rush. Mayor and ex-officfo Recorder of Bessemer. His house was searched, and liquor found therein was confis- cated.
 Eidge was sentenced to ninety-five days hard labor. as vioiator of the ordinance prohibiting the keeping of liquor. after q trial before Mayor Rush. While held in jail he was released. upon the orjer of the Judge of the City Court of Bessemer, in habeas corpus proceedings.
 The City Court of Besssmer declared. that the ordinance in question was void. in that Attended. by its terms. to prohibit the keeping of liquor in any private house, in. drug stores. where. by law. 1t may be stored. that 1t pro- vided for search of houses. against which no evidence had been secured. that it confiscateL property without due process of law. etc
 With the release of EidRe. the city of bessemer appealed to the Supreme Court. Justice Mayffefd fin the or,fnfon of yesterday. affirmed the decleion or the lower court. and declared the ortii- nance of the City of Bessemer as void.
 The ordinances" he said, ais clearly void. It not only exceeds the power Of the City of Bessemer. but of the I,e0is- iasure. It attempts to ,-prohibis fine keeping of iiquor In any house. public or private. and to coufiscate property without due process of law.
 That It involved the search or saixnre of property without pfcbahle cnsne. khAt stt1 provided for inc iasua i,s,.. of wasrants without probAhie, eapss, A sonasnds4 by the aisornS9s of DidxS.
 JudEe Mayheid dweit mon the ,.,.. that the proyiso Of search warrsnss without probable cause, was vfolafIvs or the Biil of Rights. and Of the Com
 Every inan's house is his castis- said the Justice, end quoted from Chapman's speech.
 The rain may enter. the wind may enter. but the king may not enter.
 Judge MayfieId declafed that wnr. rants could not be used or issued without probable cause. that search warrants are not allowed to obtain evidence, but only allowed after fhe evidence is obtained. Thore are ex- captions tG this. he declared, as in the case of stolen or smrggied goods. etc. but the case in question. was not one of the exceptions.
 Judge Mayfeld conceded that ords. nances and measures prohibiting the Illegal storing of intoxfcsrts may be passed but they must conform to the constitutions as the one in question did not
 The Supreme Court completed yes terday the docket. of the Tirst Division, and adjourned until Monday, when the call of the Fifth Division will be taken up.
 The opinions rendered by the court yesterday were:
 DoWDsl4L. c. J.--
 Mack Frazier vs. State of Alabama: appeal from Pike County Law Court; reversed and remanded.
 SIMPSON, J.
 L. and N. Railroad co. V. HezeIeiah Hufstutler, appeal from Biount Cir- cult Court; reversed and remanded. DENSON, J.--
 Gate City Cotton Mills vs, Rossnau Hosiery Mills. appeal from Tuscaloosa County Court; affirmed.
 James R. Lawrence ct al vs. J. A. Stone, appeal from Cherokee Circuit Court; reversed and remanded. HATFIELD. J.-
 peal from Bessemer City Court; af-
 Daisy L clisby vs. A. A. ciisby. ap- neal from Jefferson Chancery Court Affirmed in part and in part reversed and rendered. and renlanded