The Manning times. [volume] (Manning, Clarendon County, S.C.) 1884-current, 1909-04-14
noes THE LAW NEED AMENDINGs

DOES The Law NEED AMENDING:
The section of the Alabama
prohibition law, which relates to
the storing or possession OF
LIQUOR in any building or apart
mept which is inha abited, has
been declared unconstitutional
by Justice Maydeld, who holds
the Statute to be in conflict with
the Federal bill Of rights. He
also holds that search warrants
can only be issued after evidence
has been discovered. We take
this to mean that a man has a
right to keep liquor in his house,
Statutes to the contrary notwlth-
standing, and that before a
search warrant can Le legally
issued the officer issuing it must
be put IN possession of evidence
that the law has been violated.
There is so much uncertainty
aud conflict of opinion about the
prohibitory laws which have
been, and are being enacted, that
we would like to see test case
taken to the Supreme Court OF
the United States, and have the
questions solved once and for all
time. We have no doubt a State
has a right to prohibit the sale
and manufacture Of alcoholic
beverages, but in the enactment
of such laws, it is frequently the
case, zeal over.rides Judgment,
and there are features Of this
legislation which need judicial
determination.
The prohibitory law of this
State, in our opinion, is very
drastic and far reaching. It is a
violation Of the recent Act
passed, to deliver, store. keep IN
possession, any splrltuous, malt,
vinous, fermented, brewed or
other liquors and beverages, or
any compound or mixture there
of which contains alcohol, and is
used as a beverage, and which
if drunk to excess will produce
iutoxication, except that drug
gists may lawfully sell alcohol
for medicinal and scientific pur-
poses. AS we const4 e this law.
a citizen may have had in his
house, before the law was en-
acted, wines and brandies. which
he was using as a beverage, aud
there is no question Of his right,
at that time, to have stored. and
in his possession these bever-
ages. Under the recent Act. If
the law is valid. and it is valid,
until the contrary has been decid-
ed, he is now a vlolator of law,
and liable to prosecution. There
is no doubt in our mind, If this
feature of the law was presented
to the highest legal tribunal, it
would be declared invalid: this is
no new view With US: we contend
ed at the time, this portion Of the
Act went too far and afforded an
opportunity to manufacture lltl
CATION. It is our judgment, the
Act referred to, would be much
stronger did it conine itself to
the manufacture and sale, with
the unreasonable and drastic
features left out.
What is an alcoholic beverage?
There are various everyday
household articles that can be-,
and are now used as a beverage
The drug stores sell various
compounds and mixtures contain
ing a larger per cent of alco-
hol than there is in beer or even
whiskey. Jamaica ginger contains
large volume Of alcohol, and is
being drunk as a beverage: es-
sence Of lemon used for favor
ing contains about Is per cent.
alcohol, and in the absence Of
whiskey, is being used as a bev-
erage: malt is a substitute for
beer, and from the number Of
empty bottles wesee lying about.
contains more alcohol than pure
lager beer. Cologne and other
perfumerles is largely alcohol,
and is used as a beverage. There
are many compounds and mix
lures containing alcohol, that
are fast coming in use as bever-
ages.
It seems to US that a line
should be drawn somewhere: as
it is, the having in possession
any of these articles above men
toned as containing alcohol, and
are used as beverages. is in viola
ton of law. A bottle of cologne
on q ladies' dresser is as much a
violation of law, if the "keeping
in possession" feature of our
Statute is law, as would be a Jug
Of whiskey kept under a mans
bed. Therefore, when we read
the announcement of Justice
Mayfeld's decision on the Ala
bama law it was no surprise,
and we feel confident the courts
Of this State will take the same
view if ever a case is presented
to them.