The Montgomery advertiser., 1909-10-18
Hon. D. M PoweH on Why the
 Amendment Should Not De Adopfed

Surely, no druggist after he has made solemn affidavit that be obtained A revenue licensc for the sole pur- pose of selling alcohol, and that he will not offer for sale or keep for sale any prohibited liquors except al- cohol, could afford to violate his oath to sell wine even for sacramental pur- poses. The first amendment to the Consti- tuition of the United states provides that Congress shall make no law re- specting an establishment of religion or prohibiting the free exercise there of. Section of the present Constltu- ton of Alabama contains the following provision: That no religion shall be established by law; that no preference shall be given by law to any religious sect. society, denomination. or mode of worship" Under the rights guaran- teed to him by the Constitution of the State and nation. the Chinaman can bow down to his idols, and the follow CTS of Mohammed may lift their voices in prayer to Allah with none to molest or make afraid. But under the Fuller act, which is the latest la won the sub- ject, the Christian believer In his wor- ship of the true and living God Is de- nied the use of wine in the observance of an ordinance which Is one of the foundation stones upon which the Christian religion rests. The leaders favoring the amendment do not hesi- tate to say that they desire Its adop- ton for the purpose of preventing the repeal of the Fuller act and other pro- hibitory laws passed by the Legisla- ture. According to our Governor. the amendment is to be used as a fence around these laws. and other leaders say that the amendment Is to serve as the capstone to the structure of proht- bition legislation enacted by the Legis- lature. Not one of the leaders. so far as know. has as yet lifted his voice in protest against any of the provisions of the Fuller act. It necessarily fol- lows that if the amendment Is adopted and the policies of the leaders are car- ried out. the law which denies the right to purchase wine for sacramental purposes In this State will be perpet~ uated.
 But 1t may be said that. although the manufacture of wine for sacrameutai purposes Is prohibited. 1t may be pur- chased in some other State and shippd be sold for sacramental purposes. It is indeed humiliating to confess that wfno is of such a dangerous nature that the good of society and welfare of the State demand that 1t shall not be man. ufactured even for sacramental pur- poses. The advocates of the amend ment cannot justify this sweeping pro- vision. which denies the manufacture of wine in the State for sacramantal purposes. unless such denial of that right is for the moral welfare of the State. They must, therefore, aoncede that 1t is morally wrong to manuf@c- ture wine in Alabama for sacramental purposes. If this be true. am unable to perceive why 1t would not De moral .f. Al Ia Cf the State. There can therefore De no consistency in assuming the position that 1t Is wrong to manufacture W inc for sacramental purposes in the State of Alabama and that 1t Is right to man. ufacture 1t outside of the State for those purposes. Therefore, although he may purchase wine for sacramenrai purposes outside of the State. the pur- chaser must necessarily condemn It's manufacture outside the State. He cannot consistently take the position that 1t Is wrong to manufacture an arr ticle and then say that 1t Is right to purchase 1t after 1t Is manufaet1r sd. If 1t be morally wrong to make wino In Alabama, is 1t not equally sin 10 man ufacture 1t in ohio7 Suppose 4 citt. zen of Alabama should own c win syard l In. Ohio. what opinion could we have oi him if he should take the DO atiJn m Alabama that 1t is morally wrong to manufacture wine for sacraina1sal pur- poses in this State. sn1 after the amendment is adopted should manufac- ture 1t from his vineyard In Ohio and sell 1t in Alabama for sacramental pur- poses? While we might admire his business ability. few would eare to adopt his standard of morals. If 1t De morally wrong to manufacture wine for sacrAmentai purposes, 1t Is equally as sinful to purchase 1t or use 1t Tor those purposes. If the principles con- taind fin teh amendment are all sound. they should be embodied, not only in the Constitution of this State. but in the Constitution of every other state and should also be enacted Into na- tional law. The advocates of the amendment are bound to concede this. If the advocates of these principles should succeed In having them made g part of the fundamental laws of every State in the Union, the result would be, that wine uould not be manufactured for any purpose, and. as a consequence, the churches in Alabama and In every State. would be unable to obtain wine for sacramental purposes. This arsu- ment is not based upon mere idle con lecture, for the reason that enorts along these lines are being made, not only in Alabama. but elsewhere. As understand 1t, an effort Is now being made to have Congress enact law to prevent the shipping of intoxicating liquors into those States where stat utory prohibition prevails If the amendment is adopted, and Congress passes this law. the right of the churches in the State of Alabama to ob- tain wine to be used for sacramental purposes will be absolutely and forever cut off. It is therefore up to the peo- ple of Alabama to say whether they will give their support to measure which contains a provision that VIII eventually cut off the right to use wine for sacramental purposes. if the na- . tional Congress should later on enact into law the measure prohibiting the shipping of intoxicating liquors into the States where prohibition prevails. For my part, I do not believe that the cause of prohibition demands the em- bodiment as a part of the fundamental law of this State of a measure so sweeping in its nature as to prevent the manufacture of wine for sacramen- tal purposes in the State. and which, IT adopted in the other States Will de- stroy the right of the churches to use 1t in the observance of the Lords sup ner I therefore do not believe that the citizens of this State should be called upon to sacrifice their religious convic- tions in order that the amendment may be adopted. ,
 Section 3 of the proposed amend ment reads as follows;
 "Section g. Nothing in the Consti- tuition of Alabama shall be construed to prevent the Legislature under the police power from designating places where such liquors may not be stored or kept"
 Those who favor the amendment say