The Birmingham age-herald., 1909-10-23

and wine out of fruit, such as berries and grapes?
 B. Would, under the terms of section 2, the legislature have the power to pass laws authorizing officers or the law to foroibly enter and search our homes? We understand that you have refrained from taking part in any public discus sions of the subject and we are not now asking you to express yourself as to your inelinations or how you expect to vote, or as to your personal ideas on prohibition, but we d ask you for legal opinion on the subject; that is. the true meaning of this amendment.
 If you see fit to comment on the amendment as a matter of public policy, or whether you consider the amendment for the good of the state, we leave that entirely to you but, as our lawyer, we ask that you give us an opinion on the three subjects above mentioned. Yours truly,
 T. H. MOTION,
 FRANK NELSON, JR-,
 JOHN s. GILLESPY,
 ROBERT JEMISON. JR-
 Snyer Submits Opinion.
 Dear sirs: You have propounded to me three questions in regard to the proposed constitutional amendment, and asked my opinion thereon, which questions are as follows:
 l. Would, under the terms of section 1, anyone in Alabama have the legal right to make wine for sacramental purposes? g. Would, under the terms of section l, our wives have the legal right to make for home use and consumption, cordial and wine out of fruit, such as berries and grapes?
 B. Would, under the terms of section ?. the legislature have the power to pass laws authorizing officers of the law to !, hnrf
 The proposed amendment to the con stitution Is as follows:
 Section l. The manufacture, sale and keeping for sale of alcoholic and malt liquors, and other intoxicating beverages, shall be forever prohibited in this state. But alcohol may be sold for medical, sci- entific and mechanical purposes, and wine for sacraInental purposes, under such reg ulations as the legislature may have pre- scribed, or may hereafter prescribe.
 "Sec. 2. Nothing In the constitution of Alabama shall be construed to prevent the legislature, under the police power, from designating where such liquors may mot be stored or kept"
 As said by the supreme court of Ala bama in the case of State vs. Thompson, 142 Ala, 107:
 "Constitutions are made for practical purposes and not for mere exercisef of critical gymnastics, and in the construc- ton of them we are to take into consider ation the conditions which confronted the constitution makers. and we are. if pos sible to give the instrument such con struction as will carry out the intent of the framers."
 If the proposed amendment is adopted and becomes 8 part of the constitution it's provisions will be construed upon the principles of law, as stated.
 In answer to question In my opinion If the proposed amendment Is adopted, no one could make wine in the state of Ala bama for sacramental purposes without violating the constitution if the wine made is intoxicating.
 Three things are prohibited by section 1, towit: Q) The manufacture of alcoholic and malt liquors and other intoxicating beverages are prohibited in this state. There is no exception to this. @ The sale of alcoholic and malt liquors and other intoxicating beverages is prohibited in this state, but with the exception that alcohol may be sold for medical, scientific and mechanical purposes, and wine for sacramental purposes, under such regula- tions as the legislature may have pre- scribed or may hereafter prescribe. (3) The keeping for sale of alcoholic and malt liquors and intoxicating beverages Is pro- hibited in this state, but with the excep- ton implied that alcohol may be kept for sale for medical, scientific and mechanical purposes, and wine may be kept for sale for sacramental purposes, under such regulations as the legislature may have prescribed or may hereafter prescribe.
 The manufacture of any intoxicating beverage is absolutely and uncondition- ally prohibited, without exceptions as to the person manufacturing or the purpose for which it is manufactured. The test is. "Is the manufactured prod