The Birmingham age-herald., 1909-10-31

1 In answering the questions of O. M. Rabb of Pine Apple, which were O Will the proposed amendment repeal section of the state constitution? @ Can any part of the constitution be repealed by an amendment without reference to the section or article that is intended to be repealed? (s) Can state constitution or statutory law be valid if in conflict with the United States constitution? John B.. Knox, the well-known Anniston attorney, writes the following letter, which intends to throw additional light on the political question which is being agitated in Ala bama at the present time:
 Tn reply to your first question, which Is twill the proposed amendment repeal section of the state constitution,' l an- swer that the adoption of the proposed constitutional amendment will not, in my opinion, repeal section of the present constitution for the reason that there Is no necessary conflict between section D of the present constitution and either sec tion of the proposed amendment.
 "Section of the present constitution reads as follows: That the people shall be secure in their persons, houses, papers and possessions from unreasonable seiz-
  shall issue to search any place or to seize any person or thing without prob able cause. supported by oath or affirma- tion.'
 Now, section of the proposed consti- tutional amendment reads as follows: Nothing in the constitution of Alabama shall be construed to prevent the iegisla- ture under the police power from desig- hating places where such liquor may not be stored or kept
 Makes New Crime.
 .In my letter to Mr. J. Lee Long. cnair- man which you have done me the honor to commend for it's strength and clear ness I endeavored to point out that those of ,Is who oppose the amendment do not ohiect to the right of search, even or the home of the citizen, when criihe has heen committed and when the crim- ,na, Ia seeking to shield himself from-pur- s,it hv concealing the fruits of his crime ,v his horne Our objection to this section of the proposed amendment IS that IL authorizes the legislature to make that o crime which is not now a crime; that s ta SOW if section of the proposed o,a,,ent ,s he adopted 1t will enable the nrasent legislature and any iuture iesis- Iature to prescribe by law that any GU, ,zen who keeps as much as quarl o. HuCn oS IVY
 ,,s,,or in his home without regard 10 the i.so., Cor which he keeps it, Is crim- i,,n, ond may be prosecuted as such ana his homa may be searched and the liquof seized. x,s.a l .aa,ch of the home for the purpose or seizine such liquor would be an unrea- sonahle search, within the meaning or section of the present constitution, ana no court which had any resaru ior .ns r,gbts ar liberty of the citizen would ,ssue n search warrant for such a pur- nose Rut if the proposed constitutional amendment be adopted and tnis IS Ioi- lowed by legislation to carry IL lnto erect as above indicated. no court couid re1use to issue search warrant, since tne peo- nle of the state by their own action nave changed their constitution ana ,he lesis, 1ature has enacted the statute indicated to enforce said constitutional provision.
 The Second Question.
 sIn answer to your second inquiry, which Is. Can any part of the constitu- ton be repealed by an amendment witn- o,,t reference to the section or article that if is intended to repeal?' l answer, if can The people have a right to cbanga their constitution. This right Is rasarved in the constitution itself, and if for the purpose of changing the con stitution they adopt an amendment which is necessarily in conflict with any pro- vision of the constitution as 1t originally stood. the last provision adopted must stand as the last declaration of the will of the people and any provision in the constitution as it formerly stood in con- f1ict herewith must give way. In other words the last amendment will neces- sarily repeal so much of the original con stitution as stands in conflict with 1t.
 The Federal Constitution.
 .In answer to your third and last ques- tion. which is Can the state constitution or a statutory law be valid if in con- dict with the United States constitution9 If so, of whnt value is the federal con