The Birmingham age-herald., 1909-10-28


 Some of them claim that 1t does not mean to confer the power upon the legislature to designate the home as one of the places where liquor may not be stored or kept They have been unable by arsu- ment to sustain the good faith or this contention. What use can the second section of the proposed amendment be employed to accomplish unless 1t Is to prevent the storing and keeping of liquors in the home? Some of the advocates of the amendment. when the plain meaning and purposes of the second section of the amendment is pressed upon their consid- eration. reply: Oh, yes, but the present constitution will protect the people against the legislature, and prevent II from passing any law invading the home. They refer to section of the present constitution, which provides as follows;
 That the people shall be secure in their persons, houses, papers and possessions from all unreasonable seizure or searches, and no warrants shall issue to search any place or seizure any person or thing with out probable cause, supported by oath or affirmation
 Now, if the people of Alabama should adopt the second section of the proposed amendment. and the governor should call, as probably he would. another special session of the legislature, and it should pass laws providing that liquors and other intoxicating beverages may not be stored or kept in the home, and the of- ficers under the new law should proceed to search and seize any liquor stored in the home, and the owner of the home hould contend that he is protected by the fifth section of the present constitution, he court would very properly say that he second section provides that nothing the constitution of Alabama shall be construed to prevent the legislature under the police power from designating places where such liquors may not be stored or kept" and that this Is the latest expres- sion of the will of the people in adopting he second section of the amendment, and the latest expression of the legisla- tive will of course being in conflict with he fifth section, the second section would )e declared as controlling the issue. In fact, section of the proposed amend ment effectually ties the hands of the court It declares that Nothing in the constitution of Alabama shall be con- strued to prevent the legislature under he police power from designating places where such liquors may not be stored or kept" and If the legislature declared it should not be kept in the home, the court IS deprived from looking to the constitu- ton in order to prevent the legislature rom designating the home as one of the places where liquors may not be stored or kept.
 It is impossible, fellow-citizens, for the sdvocates of the proposed amendment to scape the logic of this position, and their whole campaign Is one of deception. It S a fraud upon its face, and It's advocates assume that they can mislead and deceive he minds and consciences of the people f Alabama into believing that the amend ment was never intended to authorize the legislature to name the home as one of the places where liquors could not be stored or kept. In the early part of the campaign they did make some pretense in trying to argue that this was not the plain intention and purpose of the second section of the amendment, but they have been drifting from this position until now they say that the only issue is between the moral people of Alabama and the whisky trust and the saloons. They are beginning to realize that the proposed amendment has aroused the indignation f the patriotic citizens of Alabama, and ls 1 have before stated they are coward " running away from the main issue. They have almost ceased to attempt to discuss it fairly and squarely before the people They now content themselves with charging every citizen in the state opposing the amendment, some of whom -epresent our best and noblest citizenship. with being allied with the whisky trust md the saloon interest.
 T have been handed circular, issued apparently by the Law and Order league n Mobile, which has been scattered broad ast over the state. 1 have found that his circular. which is anonymous, was handed to printer in Mobile by one of our ministers. This being a fact, 1t is air to assume that this minister is the luthor of the circular. to which he did not dare to put his name. This circular Is In the form of questions and answers. I will read you two or three of the ques- ions and answers to show you the speci- nen of argument advanced to influence he intelligent and patriotic voters of Ala )ama in this election
 "Q.-What did they do next?
 "A.-They called a convention to meet
 t Montgomery September 15.
 "Q.-Who were at the convention?
 "A.-The friends of liquor, editors of
 quor papers. railroad attorneys and ex- politicians who want office.
 "Q.-What was the purpose of that con yention?
 "A.-To carry out the will of the Brew ers association and liquor trust, and to make war on Governor Conner.
 "Q.-Is any great corporation joined with the liquor trust to defeat the will of the people7
 "A-Yes Col E. L. Russell, vice pres ident of the Mobile and Ohio railroad, took a crowd of antis to that convention in his car.
 Right here l will take occasion to say that this is not true.
 "Q.-Why should the Mobile and Ohio railroad ally itself with the liquor trust against the people. their homes and their children?
 "A.-Ask Colonel Russell and the dozens other railroad attorneys who were there.
 Now fellow citizens, what do you think of this as an argument to in fiuence the intelligent and patriotic voters of Alabama? Does that explain the object and purposes and the neces- city of adopting the proposed amend ment? Not at all. This amendment is in keeping with all of the arguments advanced by those supporting the pro- posed amendment.
 "The author of these questions and answers makes his appeal to the lowest and basest pre5udices that infest the human mind. The author assumes by presenting this argument to a voter of Alabama, that he will obey his preju- dices and will not stop to consider whaf effect the adoption of the amendment will have upon the people of his state and It's destiny. Such an appeal to the prejudices of the people is an insult to their intelligence and their honesty.
 q think I might be able to say in reply to the assault upon me that I do not think I have been an enemy to tfTs state of Alabama and her people. have fought a hundred battles for her and not one against her. In my hum ble way I have worked in and out of season to develop her industrial re- sources and extend her commerce and trade. l was chiefly instrumental in