The Montgomery advertiser., 1909-10-02
THAT BEssEMER ORDNANCE.

Birmingham Age Herald.
 Judge Weakley Is credited in the va rious accounts published of his speeches with undertaking to justify Section 7 of the proposed constitutional amend ment upon the plea that its insertion into the constitution was made for the Supreme Court of this State in the so- called Bessemer ordinance case. 9th CT amendment orators have taken the same ground, all of the m insisting that age case rendered Section necessary, and that the sole purpose of Section was to meet the dificulty suggested by that decision. Under these circum- stances 1t becomes highly pertinent to inquire what Is the Besse .ner anti-stor- age ordinance so often referred to as the amendment? In order that 1t may be made perfectly clear, I will quote Section l of the Bessemer ordinance, which Is. the only important part there. of in this connection, and Section of
 Bessemer Antl-s .Orage Ordinance.
 Be 1t ordained, by the City Council of Bessemer as follows:
 That it shall be unlawful and con stitute a violation of thlS ordinance if any person, firm or corporation fin the storage or deposit, or have therein any wines, spirituous or malt liquors or in- toxieatlng. beverage or any beverage which is the product of maltace or gem 
 at any place where any drinks or bev- erages are sold or kept for sale"
 Section Proposed Amendment.
 Nothing in this constitution shall be construed to prevent the Legislature, under the police power, from designat- ing places where such liquors may not be stored or kept"
 The Bessemer anti-storage ordinance was drawn. presumably, either by the City Attorney of Bessemer or by some member of the City Council. At all tpnr fo a.tI al and 1t IS apparent that the author of the ordinance knew what he wanted to say and how to say it. Judge Weak ley drew the proposed constitutional amendment No man in Alabama knows better than Judge Weakley what he wants to say nor how to say it. If he had wanted to meet the supposed evil flowing from the decision in the Besse- mer anti-storage case. all that would have been necessary would have AseV for him to have struck out the city of bam~r and his meaning would have been entirely clear. It would not then have been left to the discretion of a statute on this subject, but the consti- made self-eXecuting. and could without the aid of statute, of It's own force, have been made to prohibit the storage or other beverages are kept for sale Section 2 of the proposed amendment does nothing of this kind. It Is as broad as human language can Ihdhe H. and covers not only the places where soft drinks or beverages are sold or kept for sale. but will cover a mans home just as clearly and fully as 1t would soft drink stand. It was made as emphatic as 1t was possible to make it by the expression: Nothing in this constitution shall be construed to pre- vent the Legislature, under the police power. from designating places where such liquors may not Oe stored or kept" It is perfectly manifest that Section was not intended merely to meet the State of affairs provided against in the Bessemer ordinance. but that this explanation Is mere after thought and one which is, wholly in: consistent with either the language of ordinance.
 Birmingham, September 2s. 1909,