The Montgomery advertiser., 1909-10-17
Ray Rushton on Radicalisn
 of Constitutional Amendment

Tne pTQniOltlOul8IS WtTc piqued. The Governor wanted an ex. ira session and Brooks Lawrence and Judge weakley wanted a more strin- gent law. Amongst the three 1t seems they agreed that in the call pronibi- ton and constitutional prohibition should be mentioned. The Carmichaei bill and afterwards the Fuller bill were passed, by large majorities. and with out any one appearing at the Capitoi against them. so far as l have ever heard. except MT. Leon McIord- Then came the hill proposing an amendment to the Constitution in two sections, to be voted on within ninety days after adjournment at special election. The first section Is merely declaratory of a policy, and Is not self-executing. It reads as follows:
 "Section l. The manufacture. sale and keeping for sale of alcoholic and malt liquors and other intoxicating beverages shall be forever prohibit ell in this state. but alcohol may be sold for medical, scientific and mechan- ical purposes. and wine for sacra- mental purposes, under such regula- tions as the legislature may have pre- scribed or may hereafter prescribe"
 Meaning of Section 1.
 The contention that if 1t Is passed the present laws cannot be repealed. is of no merit at all. If such a scope had been intended. it would have been easy to all. No law shall be passed repeating the present prohibition stat utes. The most that can be claimed for the adoption of this first section is that 1t would mean the majority of the voters of the election pledging the state that the state shall always have a law prohibiting the manufacture ani sale of liquors. It is very much like an individual taking the pledge to taste not, handle not" How much good has it ever done individuals to take this pledge? My own observa- tion is that taking the pledge is un- necessary to the strong and futile to the weak. Does Alabama need to take the pledge? Ohio took the pledge: How has she observed it? Maine took the pledge. and 1t is also well known how she observed 1t. Certainly. tenn perate conditions are no better in eith- CT of these states than in others. As to how we'll Kansas has kept her pledge, there seems to be some diyis- ion of opinion. Be that as 1t may. ai- though we doubt the wisdom of 1t. we would probably have taken no part in the election, except to vote, If this first section had been all. But coupled with the first section is a sec- ton numbered 3, but both must be voted on jointly which Is far-reach- ing and revolutionary. It reads:
 Nothing in the Consultation of Ala bama shall be construed to prevent the legislature under the police power from designating places where such liquors may not be stored or kept"
 You will readily see that this sec ton is a mandate to the Supreme Court to change it's construction Of the Constitution of Alabama. The Supreme Court had said. following long line of precedents, under the 9th section of that part of the Constitution known as the Bill of Rights. "a mans home was his castle" and that 1t was going too far to allow search Of his home for liquor. Judge Weakley ad- mits that 1t Is the purpose of section two to override this decision. I be- live hat 1t Is more extreme and more revolutionary than any change ever suggested to the Constitution since the foundation of the government. Do the conditions justify ft7 However you may hate liquor, had you not rather the small amount of liquor that will be sold from private res- iiences should be sold than that the home of the humblest citizen of the state should be invaded by strang- CT? Do you not agree with that great lawyer and eminent Jurist and author. Judge Cooley, who sayss
 St.gf is oftimes better that crime go ,unpui1ished than that citizens should E be liable to have their premises in- yaded. their private books and papers exposed or destroyed at the hands of Ignorant and suspicious men. under the direction of ministerial officers who may bring such persons as he pleases and who selects them on ac- count of physical courage rather than their sensitive regard for the rights of other people"