The Montgomery advertiser., 1909-07-01
Han's friyate Property
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 Ordinances passsd by municipal gov srnments in their sndeavor to carry out the terms of the general prohibition statute, passsd by the Legisistuse pro- hiblting the storage of liQuorA are void. This was the text of an opinion handed down In the Supreme Court of ( Alabama yesterday afternoon.
 The opinion is written by Juatics Eayrs and occastonsd by an appeal from the Bessemsr City Court Tn the ease of w. g. Eidge VI the City of Besse- msr. Justicss Dowdsli. Anderson and Mayfieid concur in the opinion. but Justices Mcclellan And Denson strongly dissent to the propOkition.
 Through the opinion of yesterday. the reported proDonittou on the part of Governor Conner and Judge WeAkly of Birmingh9m to pass law against the locker sy1tems now In uee In the clubs be unconstttutiouaL as part Of the opinion written by Justice sayre quotes . deciSion of Judge R. w. Walker. ln which 1t is sad:
 "Ths form In which the question is Utated.s assumes that spirituous liquors are property. Of this there is no doubt, and we will not waste words upon . ercpositton about which thsre can be no ssasonabls dispute. All property is tuition. And hence we are not per mitted to listen to . suggestion that this particular species of property ts 70 pornicious in its influences upon sc- ciety that the best tntereats of the State would be pEomoted by its de- sruction. The description of property to which this refers has nothing to do with this controversy. for ' statute de- priying cittsen of his property In connict with the Constttutton as one which would take from him his lands. houses and slaves.
 -Iiouors arc considersd property. the subect of ownership, and entitled to protection, though like other prop erty. held subject to the condition that it shall not bS % used sas to injure the equal rights of others, or the Interests of the community.s
 Thus 1t would seem that person has the right to purchase . quantity of liouor for his own purposes, with no intent to sell or dispose Of them. con- trary to the general State prohibition statute, and to store them in a locker at his club or in his own house with. out being violator of the general prohibition statute.
 known that the Governor would call a special session of the State Legisla. ture. that some proposition, would be made to the legislators relative to the passage of . law providing against the locker system of clubs The pro. hibitionists of the State seem to Feel that the locker system Is destroying to a great extent. at least. the full ef- fectiveness of the general prohibition statute. 1t was rumored that statute was in preparation which would do away with the club system entirely but the opinion handed down yesterday afternoon would make such a statute unconstitutional, according to the Cons stitution of Alabama and Judge Sayres opinion.
 The full opinion of Judge sayre upon he matter follows:
 .The proceeding against the appel lant was had under an ordinance of the City of Bessemer, which will appear in the Reporters statement of the case. It is at this day universally held that the prohibition by the State of the man ufacture and sale of intoxicating H. auors and beverages within its terri tory Is a constitutional exercise of po- ~tice power. The multiplication in re- cent years of statutes and court de- 'cislons relating to the subject indi- cates a general and growing determ- nation to make prohibition effective according to the popular intent. MT. Black. q much quoted authority on the subject. states the theory and policy of such laws in the following language: The evil to be avoided is the communi- cation from one to another of an ag- ticle which may be injurious to the re- cipient. or which. by it's general use. may demoraltze or harm the whole community. It ts not attempted to re- strain mans private indulgence in drink. but that is because law deals moi with the isolated individual. but with men in their relations to each other.'-Black, Section 39.
 'No purpose to put intoxicating H. ouors outside the pale of the law has ever as yet been announced in statutory enactment. On the contrary. SO far as this State is concerned. the general urohibftion law of November 23. 1907, preserves by exception to retail drug vists the right to sell alcohol and wine for certain designated purposes. and necessarily further recognizes the law fulness of keeping intoxicating liquors and beverages by provision that the act shall not prohibit the serving of the liouors and beverages mentioned there in in private residences In ordinary so- cfai intercourse. In the License Cases. b How. ou4, IHney, C J., says. oPHitS and distilled liquors are universally ad- mitted to be subjects of ownership and property In Dorman vs State. & Ala, 21s. in a judgment sustaining local prohibition statute, R. W. Walker. J., said: The form in which the quese tion is stated. assumes that spirituous liquors are property. Of this there is no doubt, and we win not waste words upon a proposition about which there can be no reasonable dispute.'-3 Kerr nan. 3s4.
 All Property Sacred.
 "AIi property is equally sacred in the view of the Constitution. And hence we are not permitted to listen to a suggestion that this particular spe- cies of property is SO pernicious In its influences upon society that the best interests of the State would be pro- noted by its destruction. The descrip- tion of property to which this act re- fers has nothing to do with this con. troversy: for statute. depriving a citizen of his property in spirituous li- Quofs. Is just as clearly in conflict with the Constitution as one which should take from him his lands. houses and slaves This decision was rendered in 1858. The fact that an intervening wis major has overruled 1t in part does not effect it's force or application to the