The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1909-07-07
WEAKLEY TALKS ON
COURTS DECISION
Locker Clubs Not involved In
the 0pirion
POLICE POWER OF STATE
Believes Legislature Has Ample Power
To Deal With Subject and To
Suppress the LOCKER
Club Evil.'
POLICE POWER OF STATt

Judge S. D. weakley, former chief JUS
tice of the supreme court of Alabama.
who is now prominently identified with
the prohibition movement as counsel for
the Alabama Anti-Saloon league, yester-
day made a statement on the effect of
the recent supreme court decision which
has been so widely discussed. Judge
Weakley maintains that the decision has
been greatly misunderstood and is not
near so far-reaching as many have sup
posed" He said:
1T has been heralded far and near
that the recent decision of the supreme
court in the Bessemer and Birmingham
cases holds that the legislature may not
suppress the locker clubs that have
sprung up so numerously In Birmingham,
and the decision has been treated as a
severe blow at the effectiveness of the
prohibition laws. careful consideration
of the opinion leads me to the conclusion
that the decision has been greatly mis-
understood. and that it is not near SO
far-reaching as many have supposed. In
the first place, the cases did not involve
the locker clubs; the ordinances of the
two cities were not directed against such
clubs; nor is there line or a sentence
in the majority opinion dealing with the
nature and character Of such clubs, their
evil tendencies and the opportunity they
afford of easy evasion OF the prohibition
laws.
Both of the cases drew in question or
dinances of Bessemer and Birmingham
prohibiting storage of liquors in soft drink
stands or in places where beverages are
sold or dispensed The entire ruling was
that a proprietor of soft drink stand.
which is presumably conducted for the
sale of drinks not prohibited by law,
may keep there for his own use intoxicat-
ing liquors, but even this asserted right
is not recognized as being unlimited, but
subject to proper legislative restriction;
and the opinion comedies that an ordi-
nance prohibiting the keeping of liquors
with intent to sell 1t, though no sale be
made, could be properly enacted, and
that a state statute to the same effect
would be valid
Deals With individuals.
''It must, however. be observed that tho
decision deals only with the right of
q single person in respect to what he
may do upon his own premises, where
he conducts a legitimate business. There
is manifest difference between the right
of an individual so circumstanced and
acting alone, and the right claimed by
locker clubs and their so-called members
to act in combination and CONFORMITY to
provide a place for the express purpose
of storing their intoxicating liquors af-
fording them the opportunity of resort
ing there In large numbers for the pur-
pose of drinking and tipplng. Such
drinking rooms thus conducted are Sc
manifestly injurious to the public well
fare that the Legislature under the police
power has clear legal right to sup
press them in the interest of public peacs
and good order. The necessity for sup
pressing them by the exercise of police
power appears from the following con-
siderations:
Three Considerations.
81 The maintenance Of a place of the
kind named to which large numbers of
persons, assumed to be members, may re-
sort and drink intoxicating beverages
tends to increase the use and consump-
ton of such liquor with the consequent
evil result OF such Increased consump-
ton.
-. Rooms and places equipped with
lockers and stored with Intoxicating bev-
erages in charge of an agent who serves
the same to the members. furnish con-
venient place for indulgence in gaming
and for engaging In the traffic In liquor
by means of sales to persons WHO in
reality are not members, or who have no
liquor of their own stored upon the prem
ises.
20. Such places or club rooms are in
many instances kept open all night and
usually on Sundays and being remote
from public observation may be visited by
persons who congregate there to carry
on such evil practices as drinking, gam
bling and liquor selling with all the evil
consequences which have long been rec
ognlzed as flowing from the open sa-
loon.
Reached BY Police Power.
ut would be a very remarkable thing
If an institution Of this sort could not be
suppressed by the lawmaking body in the
exercise of the far-reaching police power
of the state.
There are other considerations and
other rules of law which likewise lead to
the conclusion that the legislature has
ample power to deal with the subject
and which | do not now state. but which
will be made to appear when bills are
presented having for their purpose the
elimination of the locker club evil from
our midst The supreme court of Ala
bama has never decided that locker clubs
as now conducted are beyond reach of leg
islative control or power of suppression.
and / venture the prediction that not
a single Judge upon the supreme bench
wilt ever so hold"
Freed Of Murder Charge.
Lynchburg, Va, July 6-Reports from