The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1909-07-04

DRY statutes. The underlying prin-
ciple is that the Legislature, having the
right and power to prohibit the trahc
in LIQUORS, has also and necessarily,
the power and right to render the ma
jor purpose effective by removing and
inhibiting the opportunity for evasion
by trick. artihce or design. The
greater includes the lesser. The rcia-
ton between the ancillary prohibition,
its purpose and effect, and the major
object must Of course be reasonable
and appeal from the ancillary mode
provided to the end stated.
The circumstances indicated by this
ordinance demonstrates. as view It,
not only the reasonableness of the
mode therein provided. but also that
the Council of Bessemer' very naturally
and reasonably anticipated, in so or
daining. an artful and hard to detect
method of evasion OF the major law.
Cloak for Illicit Traffic.
The place of sale Of ostensibly inno-
cent beverages could, 1t was thought.
readily, afford a cloak for an Illicit
trafhc in prohibited liquors the
yender, "in or at" his place, was con-
ceived to be savorably situated to serve
the forbidden under the guise or sub
terfuge OF serving an harmless and UNI.
condemned beverage. The receptacle
for the innocent and that for the pro-
hibited liquors might be readily inter-
changed so as to minimize the hazard
OF detection by the laws agents, IL both
might be lawfully stored, deposited or
had in the place where innocent drinks
or beverages could be sold. Indeed. II
was reasonably possible to be antici-
pated that false labels might be used as
a subterfuge to conceal the character
Of beverages being sold. II the hav-
ing of the prohibited liquors was per-
mitted in such places as the ordinance
described then opportunity to evade the
prohibition statute could be afforded.
The object and effect of the ordinance
was to take that favor Of circumstance
out of the equasion.
Ingenuity has as lie common knowl-
edge, q most inviting field in the In
vasion OF the liquor laws. That II is
awaited, or sought to be, appears from
the reported cases Of this court as well
as elsewhere black on intox.
Liquors, 4O5 No favor has been ex-
tended that exercise of ingenuity by
the courts of this state. They have
steadily sought the substance behind
the shadow; and, II evasion, by trick,
arttfice or design, covered the reality,
the law was applied to the guilty actor
without reference TO the cunningness
of the design or the subtleness with
which he concealed his unlawful pur-
the ancillary prohibitions, spoken of IN
the Feibelman case. supra, and give
legal sanction to all reasonably related
efforts to effect the enforcement of
the major law. by anticipating the
evasion that may be attempted
1t has been said. In respect to thia
| ordinance. that 1t prohibits anyone. In
addition to the keeper OF the described
| place. from having therein any guam
tity Of the liquors forbidden by the
ordinance.
No Reason Against Law.
II that is a proper construction Of
| the ordinance, no good reason occurs
to the writer why any person may not
| be forbidden to have while In or to
carry into the places where drink oil
| beverages are sold the liquors within
| the ban Of the ordinance. The same
reasons in general that In my opinion
clearly Justify the Inhibition against
the proprietor OF such place support
| the reasonablensss, and therefore the
validity, Of the phase Of the ordinance