The Montgomery advertiser., 1909-10-24
Hon. 5. J. Bouie Punctures the
 Arguments and Excuses of Amenders

thfss of the Fuiisr biii adopted upon the same day with the amendment. and which begins. with those words: ,'wheress, It 10 the public policy of the e4ate to diScouraRe the use and consumptior of prohibfted 1iduors and bevera ges x A ffKe provision' is found in section seven of the Carmichael bill. This does not relate to the sale but to the use and consumption Of prohibited liquors"
 But the amendment Itself. standing alone. is is'fotaify ineffectives It is only when carried Into effect by e statute or statutes that 1t can have any force or vitality whatsoever. Standing alone. itfis without any penalties. and unless tied to or enforced by statu- tory system 1t would be as dead and impotent as the anti-pass provision of the Constitution of 1875 To give the amendment any vitality at all. to make it worth Ian ybody's while to con slider 1t. 1t must be taken In connec- ton with the statutes adopted at the Of carryinR out the same policy. If there were, which insist there Is not. any doubt as to the meaning of the word, "manufacture" i'm section one of .the amendment, there is, and can be no doubt whatsoever. arising upon the construction to be placed upon the Carmichael bill and the Fuller bill, all of which were written by the same pen, at the same time. and to accom- plish the same end. Let us examine the question in the. light of the sta tutas which are in force today. wheth- CT the amendment. Is adopted or not.
 Section ois of the Carmichael bill. among other things. provides as fol- lowsa , f @
 That the term prohibited liquors and beverages shall Hnclude and be deemed to embrace the following; fD Alcohol alcoholic liquors. t2). vinous liquors and beverages. (s) malt, etc. s Section three providest
 -'S"That it shall be unlawful for any person, firm or corportion or associa- sell, or offer for sale. keep or have in possession for sale., barter. exchange. give away, furnishing at public places. or elsewhere, or otherwise disposing of prohibited liquors and bevrages de- scribed fin section one of this Act, or any of them in any quantity; but this inhibition does not include. and noth- ing in this act shall affect the social serving of such liquors or beverages in private residences in ordinary so- cial intercourses.''
 Ky the concluding clause of this sec tion the. violation of this prohibition is punishable by heavy fine and in- prisonment.l. Not only is the manufac- turing prohibited. but having 1t In possession is prohibited. giving 1t away is prohibited. furnishing 1t t public places or elsewhere Is prohibited. The solitary exception relates not to the manufacture or making of these liq- uors, but to their social serving in private residences.
 But even this exception Is material ly modified, if not emasculated by section of the Fuller bill, which Is as follows:
 .iThat any person who conceals him self in any house. room. booth. en- closure, or other place. and manufac- lures, sells. gives away, barters. ex- changes or otherwise disposes of splr- ituous, vinous or malt liquors or any other prohibited liquors or beverages or who. by, any device or. subterfuge sells, gives. away or, otherwise dis poses of any of said prohibited liquors or beverages In violation or evasion of law; or who, in any house, room bpoths fsncissureHe0B sthst'R place. .ir such circumstances as that he cannot be .seenl by. p persons from otiie exterior inanufactursrs, sells. gives away oi otherwise lisposes of any such pro- hibfted bevefages, contrary to law shall be fined not less than fifty dol lars nor more than i've hundred dol