Atlanta semi-weekly journal. (Atlanta, Ga.) 1898-1920, 1909-06-08
HON. SEABORN WRIGHT DISCUSSES
SOME RECENT COURT DECISIONS

lagos to children and young girls.
The situation was most appalling. It
was considered by many prohibition
lists to be vitality important that some
device be resorted to for at least a
temper airy protection to rural commu-
mites.
When the legislature assembled in the
summer. the friends of reform and right
government were involved in a death
struggle with the convict lease. At the
extra session that struggle was still in
progress, and every effort for an eff
fective amendment to the law to coun-
teract the decision referred to was met
with the threat Of a filibuster. The effect
of that would have been to continue the
convict lease.
Therefore, the friends of prohibition
were obliged to content themselves with
something which would at least protect
the children in the villages and in the
country. Hence the license law OF 1908.
But in the passage of that act the pro-
hibitionists absolutely refused to let the
word 'near-beer' be used or to consent
to the licensing of even 1 IL per cent
beer and struck out both. The beer deal
ers were claiming that they sold nothing
but harmless limitations" and substi-
tutes," nothing that was prohibited by
law. And so the legislature imposed q
tax on anybody holding himself out as a
dealer in limitations" or substituted
not merely for beer but for wine -
whisky" 1t refused carefully to bsE sas
word "near-beer" be used, refused to
consent to any alcohol whatever, struck
out the permission for 1-2 per cent of al
/ cohol and in order to leave no possible
doubt, wrote the following caution into
the act:
That no person whomsoever shall be
exempt from the duty of obtaining such
licenses and paying said license fees re-
quired in the first three sections of this
act, and that nothing in this act con-
| tanned shall ever be held, taken or con-
strued to authorize the sale of any bev-
erage, drink or liquor now prohibited
! by law"
The purpose Of the first part of this
provision was to exclude the free lcens-
ing of Confederate veterans, and yet they
1 are licensed.
The purpose of the second part was to
exclude any implication Of legislative con-
/ sent to the sale of these so-called near
BEERS" and yet the court of last resort
! CONSTITUTES the act as meaning that the
legislature intended to do what 1t de:lar-
ed in express words IL should not be
| construed as meaning.
/ 1 cannot myself see how the legisla-
ture could have chosen words either in
! the prohibition law or the license law
more carefully than 1t did, or language
more scientifically adapted to the pur-
poses intended. 1t carefully selected
words in the former act that had already
been judicially construed to mean what
was desired. It did this out of a pro-
] found respect for the judiciary and an
abiding confidence that the courts would
hold to the maxim of stare decisis. 1t ia
! a fact that individual doubts were felt
and expressed and that there were In
formal proposals in favor OF stronger lam
guage, proposals that were put aside up
on the suggestion that the language Of
fered might be regarded as showing "a
want of confidence in the judiciary.
1 The decisions of courts are entitled to
/ obedience, and in this state they will re-
ceive IT, In that spirit of conservatism
which marks our race in history, we
must and viii bow to their DEGREES. We
| owe 1t to our state to do so, but the
courts also owe duties and In the name
of those who framed and passed the two
laws referred to, protest against the mo-
tives and intentions ascribed to them by
the court. The court has been grievously
misled. SEABORN WRIGHT.