The Montgomery advertiser., 1909-11-10
Venerable Jui& Declares He Eela W1Iasb Co te tie Stake Before He WegId Surrender tie Sacred Eghb of His People

tutfonai provisions not self-executing afftrmafiveiy and require legislatfvs
 action to mako the provision affirma-
 lively available. Such provisions exert
 only an execnting form. but are not In
 any respect in conflict with the sound
 ness Of the principles stated.
 'The next rule is this--s rule per-
 haps more often overlooked in anaiyx-
 ing . law than any other of SO much
 importance, and that is the proper
 test to apply to determine whether s
 statute has been framed with pre-
 cision. and especially should the rule
 be applied in framing constitutional
 provision, not only whether much good
 may be accomplished under 1t and
 wrong and injustice prevented. which
 should be within the scope of any
 legislative enactment. but the Legisla-
 ture should carefully scrutinise and anaiyss the wording and determine whether . wrong act or an injustice
 may also be done and yet not trans- gress the statutory or constitutional provisions
 Test ef Measure.
 s.I wish to be clearly understood on this proposition. The test is not whether good may be done by virtue of the law but whether t is possible to execute the provision in any way as to work manifested injustice and oppression. If tho proposed law can be so enforced as to visit injustice and oppression 1t should be amended and if 1t cannot he 90 amended 1t should be rejected by the Legislature. or 1T tt be a constitutional provision to pc adopted by the people 1t should be rejected by the people. If this Is not a sound rule never to be dispenesd with in all matters pertaining to the secured privileges by the Bill of Rights am unable to detect the fal- lacy and I have been unable after much thought and investigation to find any reason or statement in any recog- nized authority to the contrary.
 q have discussed the purpose of State Constitution in representative government like ours. think l have demonstrated that provision in the Constitution which may be dispensed
 with or avoided by the Legislature at its discretion is in no proper sense constitutional provision as distin- guished from mere legislative en- actment. think 1t Is equally clear that no provision should be made or ganic law which may be so enforced by legislative actions as to work fn- JuHtlC6 or OpRIG15i0h " tAf1 ~~o-'s the citizen now secured to him in our present bill of rights. I wish now
 to apply these tests to the second sec tion of, the proposed amendment 1t
 reads as follows: Section 2. Nothing in the Contribution of Alabama shall be construed to prevent the Legisia- ture, under the police power, from desfRnating places where such li- quers may not be stored or kept. @This section should be thoroughly analysed to grasp its full meaning First. itTcontains an absolute prphipi- tion upon the courts to the effect that nothing in the Constitution Of Ala bama (not in the amendment) shall be construed as to prohibit the Leg islature from designating where such Iiiauors may not be stored or kept. Is' T see 1t ciazfyfSd. by Dr. Dickinson aud others that here Is e grant of au- fthority to the Legislature. We have seen that it ts not the province of Q Iconstitutional provision to grant pow I CT or authority to e Legislature. but to limit its authority. the Legislature being absolute in all matters where
 there is no special limitation.
 'Tf therefore 1t contains grant or power, and the words so import, 1t must be. because somewhere in the Consultation this absolute unqualified power to designate where such liquors may not be stored or kept has been qualified. It can not be found in the
 amendment It says the Constitution
 of the State shall not be construed in
 such a way as to limit the authority
 herein granted.
 Strikes at Home.
 'Tn the Bill of Rights proper, alone. can be found the limitation upon the power of the Legislature herein grant,
 cd. It iconcIusivelys follows that the carefully selected language insiduous- ly strik es down the protection of the home and personal liberty to be found
 in the Bill of Rights. IL is aimed at
 this protection. 1t has this effect, or the whole thing is an absurdity or 0 nonenity. Where else can 1t oper- ate.
 "rhe Legislature needs no grant of
 power except when that power Is fet-
 tered by the Constitution The peo-
 pie are told to read Section 2, and
 that they will see nothing about search
 warrants and searching homes in 1t.
 The viper was not seen by Paul as he
 gathered sticks to make a fire for its comfort but the 'venomous beast was
 In the sticks all the same and put in
 his work. A venomous beast is sure iy concealed in the proposed amend
 ment. Our decisions have gone very
 far to hold that homes may be search
 ed for the evidence of crime. The
 Legislature may designate. says the amendment. where such liquors' may not be stored or kept and are thereby
 authofized. to make 1t a criminal of-
 fense, to store or keep liquors in such places. There is no limitation or qualification of this power anywhere. and if not anywhere the home may be so designated.
 "The argument ordinarily should end here but so many people are being no Legislature will ever pass such a
 law. This answer does not meet the question. In providing e constitution al enactment the question is not whether the Legislature will pass such a law, but whether the Legisla- ture is thereby authorised to pass such
 a Jaw. The very discretion to pass such a law takes away the character of a constitutional protection. The ar l gument Is in the face of my first prop osition that though a law may be adopted to do much good and prohibit
 much wrong. the indispensable ques- tion is. whether e wrong and oppres- sion could be inflicted upon the citi- zen, and the home. without trespass- ing upon the Constitution. If so it should be rejected at once. The sec --------------------------- -T--" - -