The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1909-11-10
VIEW OF ABLE JURIST ON
WHAT AMENDMENT MEANS


In providing a constitutional enactment
the question is not whether the legisla-
ture Will pass such a law, but whether
the legislature is thereby authorized to
pass such a law. The very discretion
to pass such law takes away the
character of constitutional protection
The argument is in the face of my first
proposition that though a law may be
adopted to do much good and prohibit
much wrong, the indispensable question
is, whether wrong and oppression could
be inflicted upon the citizen and the home
without trespassing upon the nstitu
tion. If so, 1t should be rejected at once.
The second section uses the phrase
where such liquors" may not be stored
or kept. The next question is what is
meant by such liquors.? Evidently it
refers to the liquors previously specified.
Wine" by specific mention, is included
In such liquors."
I will briefly notice Judge Thoringtons
position in the Ledger of the 4th inst. 1
think his proposition unsound in law and
his argument Illogical. He argues that
as the Fuller bill and the Carmichael
bill were passed by the same legislature
which submitted !. the constitutional
amendment all should be considered to-
gether to arrive at the true meaning,
and construed so as to harmonic all,
and as the home was not mentioned in
the amendment and as one of the sta
tutes especially declared the constitution
did not apply to the social use of such
liquors in the home. we can not by i'm
plication include the homo among the
places contemplated, for that the home
is never spoken of as a place. 1t is de-
voutly hoped that no constitution of Ala
bama will every harmonic with all of
the Fuller bill II there is word in
the English language more often refer
red to as "a place" than all others it isl
the home. Home, sweet home, there
Is no place like home" and hundred
others could be cited. First, I hold that
the principle involved has no applica-
ton whatever. This IS a constitutional
amendment to be voted on not by the
legislature, but by the people. From the
very beginning of the Jurisprudence of
Alabama from ninth Porter report to this
day there has been one undertaking rule
of construction of statutes and consttu-
tional provisions, and that is, where the
words are plain and unambiguous there
is no room for construction or interpre-
tation. The legislature must be held to
mean what it clearly expresses" What
word or phrase in the second section of
the proposed amendment can be seized
upon as Ambiguous" Not one 1t re-
quired the ingenious mind of an ingenious
lawyer to discover that the home" is not
should he adopted the power would then
be In the legislature to designate any
other place than the home" as a place
where such beverages should not be
stored or kept. In this sentence the judge
inadvertently admits that the home is a
place. Contrast the amendment as 1t is
framed with the amendment as inter
preted by Judge Thorington. Section 2,
Nothing in the constitution of the state
haI aa trim m fha
legislature from designating such places
where such liquors may not be stored or
kept" Judge Thorington says, If adopt
ed 1t must be read this way, may desig-
nate any other place than the home as
a>place where such liquors may not be
stored or kept" The authorities all hold
If the language used lis unambiguous
Their Is no room for construction or in
depreciation, but the provision must be
held to mean what is so clearly ex-
pressed" The judge says by Implication
the home cannot be included, but, 1t
seems that he does not hesitate by "im-
plication" to exclude it, and that in the
face of a uniform rule OF construction to
the contrary. ''Zeus Nodans," Jupiter
Nodding. I think the judge equally I'M
fortunate in his reference to the Car
michael and Fuller bills in this connec-
ton.
exhausted all of IFS constitutional author
ity and could go no further without en-
counterng the bill of rights as con-
strued by our supreme court.
There can be no reason for the pro-
posed amendment If the purpose was not
to enlarge the police power of the legis-
lature as to the search and seizure OF
homes and persons. 1t would be without
a field of operation if not thus applied.
h 1 H.
stitutional amendment. The very acts
of the legislature referred to, construed
in connection with the proposed amend
ment as contended for by Judge Thor
ington, leaves no room for doubt on this
point, and without this added authority
to make 1t crime, which 1t cannot do
under the constitution as 1t Is to store
or keep wine or liquor at home, the leg
islature could not pass law authorizing
the search of the home for wine stored
or kept there If the legislature once
secures the power to designate such :
places where 1t cannot be stored or kept
and such law is passed, then the prin-
| ciple will be at once invoked which JUS
titles the search of the homo for evil
dence that the offense has been commit
ted or law broken, and away goes the
liberty of the person and the sanctity of
the home. This is precisely what is at
ioSuc. INO SuCu power SHOulu ever De
granted to a legislature whether it ever
exercises it or not. The people should
keep steadfastly before them that it Is
unwise to surrender Or jeopardiZe one
iota of their rights which protects them
from search and seizure in their homes.
No such discretion should be given to a
mere legislative body.
A short reference to section /; it reads
as follows. 1.-THE manufacture, sale or
keeping for sale of alcoholic and malt
liquors and other intoxicating beverages
shall be forever prohibited in this state"
Is there any ambiguity in this statement
of proposed organic law? Where is 1t?
Where Is there any room left for con-
struction or interpretation? Does not
the most ordinary intellect know that the
manufacture of liquors and intoxicating
beverages are prohibited?" 1t says so in
unmistakable language and can mean
nothing else. Can you think of any
ST. 50 REGIME Cures