The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1909-11-07
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trary, 1t is about the most drastic and
imagined; and if adopted believe it will,
because of its extremeness, do more to
check and hamper the cause of temper
ance in, Alabama than all that the liquor
forces could do in years.
Il am opposed to the first section of
the proposed amendment because l think
it has no place in the constitution Po-
lice regulations, such as those affecting
the liquor traffic, should be Jeff in the
hands of the people, acting through the
legislature, to be modified or extended
as the exfgencies of the times and the
will of the people demand. / firmly be-
lieve that the prohibition of the sale of
alcoholic liquors. as beverages, Is a good
thing for Alabama; but | am not SO bigot-
ed as to believe that time and expert
ment may not prove me mistaken. and
] would not be willing to tie the hands
of future generations and legislatures be-
cause prohibition now seems good thing
for the state.
My next objection to the first section
is that it absolutely prohibits the sale
of whisky and all other malt Or intoxi-
eating liquors, except for medicinal pur-
poses. This Is going too far and | do
not believe that any reasonable man, be
he prohibitionist or not, who will think
over that phase of the proposed amend
ment fairly and sincerely will be willing
to vote to forever prohibit a physician
in Alabama from prescribing whisky or
malt liquors for patient, if he thinks
the patients condition demands it. An
other objection to the first section is
the well known and often cited one, that
while it takes from the legislature the
power to permit, license or regulate the
liquor traffic in dMy way, it leaves it
al of prohinit orx
laws to be repealed at the pleasure OF
any future legislature. If such repeats
should be enacted it would leave the
state in the ridiculous position of saying
that the sale of liquor Is unlawful, but
prescribing no penalties for the infrac-
ton of the law.
THE second section of the proposed
amendment can mean but one thing, VIZ:
that If it is adopted the Governor will
call another extra session of the legis-
lature for the purpose of passing a law,
designating places where such liquors
may not be stored or kept So far as
1 know the Governor has not said that
he would not call an extra session, and
judging the future by the past l take
it that he will seize the first opportunity
to call his legislators to Montgomery.
Now, under our present laws, which
Judge Weakley gravely contends are con-
SlltullOnal, tnere Is Dul one place Wnere
Intoxicating liquors may be stored or
kept, and that place is the home. What
place then, is left for the legislature
to designate except the home? And il
the home is the only place that is now
sacred from invasion, at what place can
the second section of the proposed amend
ment be aimed? ! can imagine no greater
calamity than the enactment of law
which would lay open even the humblest
home in this state TO search for liquors
stored or kept under provisions like
that of the present Fuller law, which al
lows search without requiring the neces-
sary safeguards to protect the citizen
from the informant. Whether the legis-
lators will pass such q law or not | con-
TESS | am not prepared to say: but
shall not vote to empower them to do it.
nor shall l encourage them to do SO by
voting for the proposed amendment.
Taken together, the two sections form
queer anomaly. In one, the fear Of
the Legislature is so great that all power
to regulate formerly legitimate .Saixc
is taken away from it, while in the
other the trust and confidence in the Leg
islature Is so overwhelming that it must
be intrusted with the regulation and, il
necessary, the invasion of that which is
most dear to the heart of every freeman.
and which has been sacred, even from
the hands of kings, since our forefathers
wrested the Magma Charter from royalty
on the Field of Runnymede."