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

, of a constitutional amendment relating
solely to the restriction of inhibition
| of the habits, appetite, and tastes of
! the citizen purely sumptuary in it's eff
feet to make the will of the majority
| subject to the dictation of the minor
| ity. That is what this amendment will
| do If made a part of our constitution,
because it takes three-fifths of all the
| members elected to either house of our
| legislature to order an election to re-
! submit to the vote of the people the
| question of annuling or amending that
particular provision.
This policy l believe fagrantly vio-
lAlates one of the established democratic
! proverbs that there must be an apso-
lutte acquiescence in the will OF the
majority. But, in addition to this the
amendment itself, in my opinion. is all
wrong in policy and principle. 1t GER
tainy is unnecessary for the mainten-
ance of prohibition, for our present
laws are adequate and efficient and II
behooyes us to stand by their faithful
enforcement. What words of our
language are more comprehensive ana
carry undisputed meaning better than
than the words adequate and Efficient?
1.-THE people of this state know that 1t
is the second section of the amendment
that challenges their earnest consideration
and Is the real issue In this contest.
After all the talk and explanations and
apologies this section undoubtedly is ac-
cepted by thoughtful, conservative men
as danger to the rights of the citizen in
the sanctity and privacy of his home. 1
have read and heard the defense and ex-
PLANTATION of this section by the speakers
and advocates who stand for the amend
ment If IL be true, as has been de-
clared by several of its most distinguished
advocates, in defending or apologizing for
the menace contained in the second seq
ton against the home Of the citizen that
no legislature can ever be found in Ala
bama that will enforce such provision,
then I say such an argument, or such an
apology, ought to Overwhelmingly defeat
the amendment before the people. The
people are asked to let this second seq
ton go into the constitution, not because
the legislature ought to have the power,
but on the assumption that there can be
no danger In comforting such power be-
cause no legislature would undertake to
exercise 1t.
Dangerous and Seductive Argument.
To my mind the most dangerous, mis-
leading, seductive argument offered in
behalf of this section is the effort made
seriously and earnestly to quiet and dis
arm the fears of the honest, good Cit
liens OF our state by telling them If leg
islature could be found that would invade
the liberty of the home. that such law,
so invading the home would be unconsti-
tutional by being in conflict with article 4
of the constitution of the United States,
and therefore void. If void under any
contingency, ] think, it's approval ought
not to be asked. But that 1t Is void Is
asserted by Judge Weakley and others.
Article of the constitution of the United
States Is one of tho 10 amendments pro-
posed by the first Congress In 1888 to our
federal constitution, and each of these 10
amendments relates exclusively to the
powers of the federal government and
not at all to the powers of the states. No
one denies that the state is supreme in its
police powers. Section declares that the
basis of the authority granted to the leg
islature to designate places where liquors
may not be stored or kept is under the
police power If a legislature should say
that liquors should not be kept or stored
in a private home what right would the
federal government under the constitution
to protect us from and against our own
act authorized under the police power of
our state?
'It is a deceptive and misleading as
surance. The power of the federal consti-
tuition can be invoked when citizens
property is taken from him without due
process of law. But this is different when
the state exercises its sovereign police
powers for the preservation of health or
morals.
mo explanation of section 2, as I view
1t, has yet been given that l am cognizant
of that even tends to give satisfaction
or allay the reasonable, well-founded and
Just fears of the people. 1t would have
been far better for Judge Weakley. in ref
erence to section 2. to have said, like Pom
titus filate, What l have written have
written, and stood by 1t courageously. He
should have told the people what section
2 really means, and that they intended to
drive liquor out of the private home, the
only place of resort left it under the pres
ent adequate and efficient prohibition laws
of our state"