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

rntsnss interest throughout Ala
hama has attached to the 'Locksr
Club" decision Of the Supreme Court.
(which legelisss the use Of lockers for
ehs storage Of liquors. This fact that
Your OF the elk Justices Of the bench.
concurred In the opinion Of Judge
Bayrs, has been regarded. since the
specification OF the opinion. a. one OF
chs most severe blows dealt at the pro-
Aibition Law since its passage.
Two OF the Justices dissentod, how.
aver. Mcclellan and benson. They
held In . lengthy opinion. written BY
Justice Mcclellan, that the ruling OF
ne majority tended to impair and NM
n the police power; that every muni-
n1paatty has the power to ordatn to the
6fIec& that the State liouor laws may
~ rendered more effective.
The opinion reads that the ordinance
a question, that OF the City OF Bes-
1oe1nsr. which prohabits the storage OF
G1ouor IN any place whore drinks or
utrictly, attempt to penalise the pos
jhoesion. storage. deposit. Of The con-
dsmned liquors at other than places
,whereat or wherein drinks or bever-
ages are sold or kept for sale.
How II can be said that under the
ordinance . man 10 prohibited from
having the defined liquors In his home
- wholly inexpiicabfe to me-" said
Justice Mcclellan.
the ordinance. says Justice McCiel-
Ian. In his opinion. in being declared
invalid, would tend to exaggsrate the
property rights of LIQUORS.
He holds that the mode Of prchibi-
tion attempted BY the ordinance 70
reasonable, inasmuch A. there are
many opportunities to evade the gem
eraI prohibition law. whereas the an
cfllary laws may be more binding. Hs
also says that the supplemental laws
such az the ordinance In question. tends
40 Offset the cloak. which the tramc In
Innocent beverages furnishes for the
frafhc In Illicit liquor.
The opinion Of the dissenting Jus.
1ices, in fun. 10 an follows:
This appeal invites the judgment OF
this court upon the inquiry, whether
the ordinance Of the City of Bessemer.
approved February 10. 1909. % . valid
3orfty Of the court pronounce against
it, validity.
II IL Indispensable TO the determine.
kion or the validity OF statute or ordin-
ance that construction thereof be
nrst taken. what does the assailed
enactment mean. what does II prescribe
or provide. what 10 its effect 9.-are first
portant Judicial duty OF deciding the
validity vel non. OF legislative expres-
sion.
The first section OF the ordinance
under consideration. reads: "Be It or
dained by the city Council Of Besse-
ner as follows: That II shall be unlaw.
full and constitute q violation OF this
ordinance II any person. firm or corr
lporation in the City Of Bessemer, 70
have or keep on storage or deposit or
have therein any wines. spfrituous or
maat LIQUORS or intoxicating beverage
or any beverages which 10 the product
OF maitace or gencase 10 q substantial
Ingredient. In or at any place where
any drinks or beverages are sold or
kept for aale."j Section creates en-.
reptions practically identical with
1hose TO lbe found In Sections and .
sof the general prohibition law. APP
proved November rs, 1907. tAots. sp.
Sess., 1901. D. IT'D Section 8 provides
the penalty for Q vioiation OF the Or
Hinauce.
xmpa1Fs Pezfce Power
Theseubstance Of the holding Of the
nsa30rfty 10 thar the ordinance IL en-
kiroiy void. beoAxsse ft 10 unwarrantsbiy