The Birmingham age-herald., 1909-09-24
LETTERS TO THE EDITOR.
Too Much Haste.

It seems a we'll established fact that the prohibition policy of the state is pure ly an experiment. An experiment we are making in the face of the failure or every experience of a kind ever tried by any state In 1851 the New England and middle states of the Union were swept by religious revival which put at the door of whisky and allied bev- erages every sin and wrong that the world knew of at that time Prohibit ton or all liquors became the watchword or that part of the country and one py one lS states went dry. Even New York Joined the column, fancy Forty second street and Broadway-dry. A very brief life these laws had-they were found impossible of enforcement and all of these IS states soon returned 10 the licensing of the traffic-savs Maine and Ohio. What has happened in these two states? few years ago the writer spent some three weeks from Portland up the coast as far as Mt. Des- sert when quite by chance it was learned that the state had constitutional pro- hibit1on. A companion, who was a bib ulous sort, remarked, Well If this is constitutional prohibition, it's just what the doctor ordered for tired nerves and the vacation thing" And Ohio-God save the mark-the constitution has forbidden the license of the open saloon so they tax the barroom and they have swinging doors. Some of our Ohio friends might tell us about the prohibition at the Sim ton or maybe Schulers-opposte the En- quirer office, you know. Yes?
 Our legislature has enacted and given life to the most drastic imposing laws that have ever been known in this or any other country ruled by Causcasian people. This state leads all others so far as our laws go. There is no ques- ton of this, but there are some further more or less pertinent details before the last word Is said. First-think this over the courts have held many important acts passed at a former session of this same body of men to be of no usn from unconstitutional or other causes. It is conceded their chef d. oeuvre, the former prohibition law was no good, the Greater Birmingham bill was inopera- tive. On the simple old doctrine of chances or the probability of it's actions may we not figure, If we think in terms of chances, that it Is nine-1fths against any important bill enacted, particular ly one of some F, 900 words. A bill which takes away the right of trial by jury, a bill which gives the right of search and seizure in our homes, search and seiz- ure of one-half pint of red liquor, as in the case at Mobile. In the opinion of the writer the decision of Judge Afford of Mobile presages the gradual dissolu- ton of number of the salient points of this law. This decision is not final of course, but one can but believe that the higher courts will but confirm and strengthen the opinion handed down by Judge Afford. It is generally known that 1t is only by constant agitation, the use of Law and Order leagues and spies that such laws may be partially en- forced.
  the situation in the eye-we have tho last cry in the art of lawmaking for the regulation of ones habits. But the courts have but begun the work of saying what parts are good and what parts are of no use. It is by no means certain that the parts left standing will be or can be enforced. Bearing such conditions in mind will 1t not be the part of wis., dom to wait until the judiciary have had their say, that we may know un- der what laws we drink? To walt for a time that we may learn how the law is enforced? The sentiment of our people must be considered a bit. There are a goodly number of men throughout the state estimated at about 125000. who cannot vote because of their failure to pay poll tax or other causes. It is thought that great majority of these men are opposed to the amendment and perhaps, in isolated cases, to any sump- tuary law. Notwithstanding the fact. these men cannot give voice on impend- ing measures, there can be no doubt but their influence and actions will be far from a negligible quantity in the en- forcement of the utopian dreams of the reconstructors
 In the event of that good day when the law is found good and properly en- forced and one may never, never again drink in Alabama, when our homes are open at all times for the officers Of the law to look us over and see that we have no half pints, when the state be- comes that land of milk and honey, where no one does anything save work and the Monday morning work particu- larly becomes a peculiar joy, eh, what? On that good day, take It from me- the voter will rise en masse and have that law written in the constitution without a dissenting voice.
 BURR FERGUSON.
 Birmingham, September 23, lsVs.