The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1909-11-24

court secured a reversal ana new near
ing.
or kept. the legislature would have no
authority under the authority proposed
to be granted in the second section. to
include liquor whisky. If you please).
and other intoxicating beverages and
wine, not made for sale profit. and
could not designate places where these
liquors and beverages should not be stored
or kept. because the power was limited
to such liquors." and those not made
for sale or profit were not such liquors"
referred to.
Now for the conclusion. An Of the
three mentioned speakers. and many
others whose speeches have read, have
said and reiterated and emphasized the
statement that the main reason and neoes-
sity for the amendment was to meet the
decision of our supreme court in the
Bessemer case. That decision held as
I have read from extracts. and have heard
it read that liquor was a mans private
property, and that he had a right to
store or keep it for his own use. at near
beer stands or like places, or elsewhere.
II these speakers and their arguments
do not affirm the correctness Of the de-
cision of the supreme court on the prin-
ciple involved and defeat their own pur-
pose then logic has lost its force, and
reason become a joker. Their position
and argument lead exactly to the oppo-
site, to that which they assert the amend
nent Is intended to accomplish. and the
argument "reductio ad absurdum' is COM
plete
These gentlemen have a job equally az
difficult, II not more so. than that Of
our friend who undertook to meet an
emergency. by showing that the dwell
ing mentioned in the bill of rights, and
! which is synonomous or includes home, y
I was not q place The hookworm, If
there be such, is surely getting in his
work upon the vitals of their mental ac-
tivities.
| I do not wish to be understood as In
dorsing the decision of the supreme court
! in the Bessemer case. Tho merits of tina,
| decision are not involved in this uiscus-
! sion. Neither must 1t be inferred that
! l agree with those as to the legal defni-
ton of tho word manufacture as used
in the proposed amendment. I feel conf
dent it does include alcoholic liquors"
wines and ''other intoxicating beverages
| for social use or otherwise. 1 merely
meet them upon their chosen ground and
| demonstrate where it necessarily leads to
| and the absurdity of their process of
reasoning. Our own supreme court has
settled the question as to the definition of
1 ssv,aon IA nj aIxy 70 <1,ot~
| contentious.
When Judge Thorington wrote his Las
piece he certainly did-no have a copy
| of his previous article, nor my reply, be-
fore him. 1 wrote nothing to justify his
| statement that was opposed to the pro-
| hibition statutes" What wrote was that
| hoped that Alabama would never have
| constitution in harmony with all tho
provisions Of the Fuller bill. ask Judge
Thorington to say whether he approves
| OF all of the provisions of the Fuller bill.
If he does it will surely bring on more
talk" Judge Thorington also states that
| made him say that the constitution must
conform to the statutes-the Fuller bill
and Carmichael bill. said nothing of
the kind; had his letter before me and
used his own language, which was that in
constituting the constitution it was right to
keep in view the acts of the legislature
passed at the same session and make them
all harmonic to promote one general
and my references and criticise and pass
| Judgment.
1t is often the case that the exertione
of horse in the miro to extricate him.
self causes him to sink deeper, and there
leave him, vainly calling upon "predi-
Gates and "collocations' to come to his
aid, which have no existence in the rec.
| ord, and are but creations Of an anxious
| and perturbed imagination.
1t appears that DR.. Cunningham is te
take the stump for the amendment. There
ings that can hold a candle light to DR.
Cunningham in picturing the degradation
of drunkenness or in appeals to the WON.
en- and children. This is a great struggle
for constitutional protection. Men through
blood secured 1t, and men are re.
sponsble for its preservation. and not
women and children. The doctor is re.
ported as saying that the second sec.
ton is necessary to enforce the statutes
of the legislature for prohibition. This
position forces the doctor to take his
stand upon the first section and define the
word "manufacture." He must either hole
that alcoholic liquors and other intox.
icating beverages" even for social and do
nestle use, are prohibited. or else he mus
line up with those holding to the con
trary. II he goes to the latter we hav.