The Montgomery advertiser., 1909-07-01
, HOP P-JACK"
 LAW IS BAD Decision of the Supreme
 Court. SELMA CASE REMINDED Might as Well Prohibit Ice Tea as
 Hop Jack. gArse opi.ie.s Filel, Three Justices Deciare Law Good, Three De- eiars it Bad, one Fi.as Err
 TOT h the BnL

Toe tea may as we'll be prohibited by I1egfslature, because 1t resembles whiskey. as such beverages as hop jack because they have the appearance of beer. Such is one phase of the argument of Justices Anderson. May neld and Sayre. of the Supreme Court. In branding the 'hop-jack" law as bad
 Frank V. Elder. the Selma man who was convicted of selling hop jack" in violation of the prohibition law, will set new trial. by the ruling of the court. Three justices declared the law good. and affirmed the convicti0n; three others said that 1t was bad: Judge Simpson decided In favor of the new trial. by stating that the title of the act did not conform to the body.
 The Supreme Court once before af- drmed the action of the lower court, and upheld the "hop-j jack" law. A re- hearing was asked. and granted. ac- cording to the ruling handed down yesterday.
 opinions. is that legislative remedies can be applied. to patch up the law. and make it good. For only three say 1t is violative of tho Constitution in principle. Four others hold that the principle of the law Is good. though one--ee@ tho four joins the other three in granting new trial. substitution of the word glucose" for "gencose' renders null its effect.
 The law in question prohibits the sale of hop-jack. hop-tea. hop-weiss, hop-ale, malt tonic or other beverages, the product of maltese or gencose, at any place where the sale of spiritu- ous or vtnous or malt liquors Is pro- hibiteJ by law.
 An attack on the law was made. on one count. on the ground that. in the caption of the bill, when 1t was in the hands of the Senate, the word glucose" was placed, instead of "gen- cose." Holding that this was merely a clerical imprison. Justice Dowdell. in his opinion. declared that 1t did not affect the validity of the bill
 Blow at Freedom.
 Justices Anderson, Mayieid and Sayre dissented, holding the law bad. inasmuch as 1t is blow at the free dom provided by the Constitution. in- lasmuch as it attempts. they said, to prohibit him from doing a thing which. in iself, was harmless. both to himself and to the community.
 These drastic prohibitory laws are doubtless intended for the moral ben- efiet and elevation of mankind. but their moral purposes or benehcient results should not be considered to save them when they invade the sanc- tity of the constitutional rights of our citizens" said the dissenters.
 Reforms come and go--often do- ing good-but occasionally they mere iy disturb and interfere with the se- renity of conservatism and quiet under existing conditions. But constitutions should never remain as barriers to legislative or judicial interference with the inalienable right of enjoy ment of life, liberty and the pursuit of happiness, which includes the right to own and dispense of property. so long as 1t does not. per SC. interfere with the public morals or health.
 .Tt is not .pretended. as I understand It. that the drinks involved in the case are calculated to produce intoxi- cation, or will have any influence on the public health or morals, except in- solar as they may be used. as c means for evading the prohibition laws.
 Ice tea resembles malt drinks as well as whiskey diluted. as also do ginger ale and cider. and yet, under the holding of the court. the Legis- lature can prohibit the sale of these harmless beverages, simply because they resemble intoxicating liquors"
 By the joint opinions. that of Jus tices Anderson. Mayfield and Sayre. in declaxing it fundamentally unconstitu- tionai, that of Justice Simpson, in hold ing 1t bad merely because of easily remedied technical deficiencies. and taht of Justices Dowdeil. Denson and Mcclellan. in uphoiding it. the decision of the Selma City Court. in convicting Elder, is reverseu, and new trial to be granted. though the court is not on record in denouncing the law. Rather if upholds the law, as a law