The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1909-11-10
Governor Conner and Section Q


No one should be surprised that
Gov. Conner desires to unload por
ton of the popular approbrium that
has come to him in the present cam
paign upon some one else-upon
Judge Weakley or the ex-preacher
from Ohio, or the coterie of ultras
in general for he is seeing nova
days great deal OF handwriting, some
of it no doubt on the political wall,
but more of it in the plain every day
mails. His action is but natural. The
storm is about to break, the ballots to
be counted, and he is putting the
original blame on others. His native
shrewdness is serving him correctly
and in good season.
But there is one passage in his care
fully prepared and wholly grammati-
cal statement that deserves attention.
Referring to Section 2, a sore point,
| he says:
This amendment would not invade the
home; would not infringe the right of the
individual to keep liquor in his home
for the use of himself and family, or to
serve it there to his guests; would not
authorize or protect search of the home
and the amendment, notwithstanding the
clamorous assertions of the opponents OF
the measure would not increase the
power of the search warrant The
amendment is designed simply to protect
the present laws and, instead of being
danger to the home and to the con-
stitution, it would be in the highest
degree a protection to the family and to
our people,.
ing simply because it would not in It,
self be operative. The governor is
right when he says liquors can now
be lawfully kept in ones home for
home use. It is not crime to keep
liquors in ones home at present, and
no magistrate who has any knowledge
of the law would issue a search war
rant against liquors in a home simply
because no one could, under the code
of Alabama, swear that the keeping
of such liquors in ones home is
crime. This is where the constitu-
tional guaranty contained in Section
5, Article l, come in to safeguard the
home. Nor would the mere ratifica-
ton of Section change the situation.
But that ratification distinctly calls
for legislation. The legislature is In
vited to exercise the police power,
while it designates the places where
liquors may not be stored or kept
The police power calls directly for the
restriction of private rights for the
common good. Not only would the
ratification of Section annul the
safeguards thrown around ones home
in the respect of liquors, being later
expression of the will of the people
but it would authorize legislature to
take whatever steps it might deem
necessary to enforce the new constitu.
tional provision. A search warrant
might even be deemed unnecessary
Sudden and indiscriminate searches
might be preferred. If Gov. Conner
denies that the exercise of the police
power under Section could not &C
that far, he is talking at random, on
a subject he does not understand
Attorney General CARRIER could tel
him, If he would, better.
But Gov. Conner says, 81 will not
as has been frequently charged, cal
the legislature together to pass other
| prohibition laws" Why did he ad,
the last five words? He does MOI
, say he will not call the Legislature
together to replenish treasury h,
J had carelessly emptied. The fair pre-
sumption is, he will; and when tn,
Fuller legislature is once assemble
. no matter for what purpose. no powe
! on earth can keep it from passinI