The Montgomery advertiser., 1909-11-10

vision has never been incorporated in the Constitution of any State in the Union. Whatever may be the purpose of the present framers of the temper ance laws with reference to dseignAt- ing the homes as places where. whis-. Key and wine. may not bs kept we that the Legislaturs is vested with ab- soiute authority under the police pow CT without iimitAtions or exception Of the home, to designate places where prohibited beverages may not be stored or kept.
 The power contained in this section is not limited to its exercise by those now controlling legislation. and what ever their intention or purpose may be is not conclusive of the question. The fact exists that such power is forever conferred on the Legislature. We know the high tides of extreme action to which the whiskey question often leads. When the whiskey interests are in power they often become arrogant and intolerant. On the other hand. when the people become aroused their iety to suppfess the evils Of intem- perance to take extreme and drastic steps: and who can assure us that with the power vested in the Legislature to designate the homes as places where whiskcy and wine. may not bo kept that as result of some crusade against the evils that this, power may not he exercised7 The powsr to violate the Do delegated by our people to the Leg isIature regardless of whether or not there is any probability of the exer- else of such power. n.
 The principal basis for the sul1nis- sion Of the amendment is the claim that the Legislature can not be trusted to retain the present prohibition laws and the first section of the amendment expresses that distrust and attempts to provide against such action by the Legislature. While ordering an cleo tion of the whole State on account of such distrust 1t does not. appear con- sistent to add in the same election. to the powers Of the Lagisiatura and say that 1t is wise to trust .fhan, on the extraordinary power then given and as conferred by Section I. In dis- cussing the first section the advocates of the amendment say we can not trust the Legislature. In discussing the sec- ond section the same advocates say we must trust the Lesisiatnre. The in- consistency of these arguments is 60 apparent as to cast grave doubts upon the soundness, Of each. 5 U CcncIusion. .al rs The only limitation upon fine Leg fslatnre is the constitution Of .the 'ssrs Of puBElifS pSiieyyc yc Which ss, are no.| longer, questtSned but settled princi- pies In government and which have been accepted as such. may with pro- priety be incorporated In the organic law. Matters which are stiil depatable questions and about which there is wide divergence of opinion and which have not been solved, ought not to go into A Constitution.
 When public sehtimsnt favoYs pro. hibition there is no need Of Its being written ln the Constitution. When pub. lie sentiment opposes prohibition. ] the constitution should not inhibit the Leg tslature from meeting that sentiment and regulating the trafic in accord ance with the same. because it is recognized fact that the successful en- forcement of prohibition laws depends upon the support or public sentiment.
 In my Judgment, the solution of the liquor problem is of evolution. not revolution. Public opinion should force the law and not the law public opinion. Tn my judgment the adoption of the pending amendment will not only fail to accomplish its assumed purpose, but will greatly retard and hinder that ed- ucationai evolution which will uitf- mateiy bring about permanent and ef- ! fective prohibition.
 I accord to all men honest and sin- eere motives and with only one pur- pose in view--the best interests of humanity and the State. The question is . grave one and all men should de- eide 1t without bias or prejudice, and vote their convictions in accordance with the purest patriot ism and the sin. cerest motives. Governing myself by this standard and believing that it is best for the people of the State ana to the cause of prohibition itself, I shalf vote against the amendment
 & Yours very truly,
 John H. Bankhead.
 Jasper. Ala. Nov. g. 1909.