The Montgomery advertiser., 1909-10-18

the citizen has long existed In this
 state. This 10 true, but 1t exists in
 criminal proceedings only where the citizen against whom the warrant is
 issued is charged in the warrant with the commission of a crime; for tn-
 stance. 1T you have robbed . bank. and have the funds of the bank secreted ! In your home, ree sancity of your home will not protect 1t against search. when the prosecutor has made an amdavft
 charging you with the commission of | the ofxense, alleging therein that the funds of the bank are secreted in your 1 home.
 But suppose, under the law as 1t now exists. prosecutor goes to court of l competent Jurisdiction and makes af- | hdavit that you have quart of liquor
 in your home. and demands search warrant to authorize the officer to Seize the same. the court applied to I if at all mindful of the rights of the l citizen would be bound to say to the prosecutor; your af1davit charges no offense, and the search warrant ap- piled for cannot and will not be is- sued.
 But. If the people of this State are
 SO unmindfui of their interests as to adopt the proposed Constitutional Amendment. 1t will be in the power ] of the present Legislature and 1t will be in the power of any subsequent Leg islature. to make that a crime which is not now crime, that Is to say, it will be in the power of the present Legis-
 lature and in the power of any subse- Quent Legislature to declare that he who keeps quart of liquor or as much
 as two ounces of liquor in his home.
 regardless of the purpose for which he keeps 1t. is a criminal and shall be subject to fine and Imprisonment. and upon conviction shall be put to hard
 labor upon the streets or public high- ways of the State.
 Anyone who has a grude against you, q discharged or dissatisfied employe or servant. may institute this prosecution and secure a search warrant, and even though 1t may turn out that not drop of the prohibited article is found upon your premises. tfe prosecutor Is inn mune from prosecution for false swear Ing and you are utterly remediless for the indignity. which has been inflicted
 upon your family.
 The right to protection against un- reasonable search. and for the protec- tion of the sanctity of the home was a right wrung by the barons from King John at Runnymede. It is a sacred right, protected by the Magma Charta which any Englishman would die rath- CT than surrender: right which ev- cry Constitution. State and Federal. in this country has most jealously guard ed. The Constitutional Convention of
 1901, over which I had the honor to preside, would not have dared to sub
 init to the liberty-loving citizens of Alabama any suggestion for its sur render. It has been reserved for the Conner Legislature to make this offer ing to the people. A citizen so pn- mindful of his rights and privileges, citizen who holds in such contempt the liberty in the struggle for which his ancestors performed such heroic deeds and sacrificed so much blood is not en- titled to enjoy the blessings of liberty,
 (Conclusfon.)
 Notwithstanding the questionable methods by which the original Car michael bill. ordaining statewide pro- hibition in this state, was enacted; notwithstanding the drastic provisions of the new Carmichael bill and the Fuller bill hereinabove commented up- on the other bills along the same line adopted at the same session of the leg islature,-the Montgomery convention including Governor Cobb. Governor Oates and Governor Jelks, three ex- governors of your state. besides pr.
 Wyman, late President of the Univer- sity of Alabama, and Col. Murphee. at the head of the Marion Military Insti- tute, each of whom are leading educa- tors in your state, together with host of others. not whit less patrio- tic. declared that, notwithstanding the drastic provisions of these laws. they were willing and anxious to see pro- hibition given fair trial in this state and promised that if 1t should prove successful and for the betterment and up-lift of'our people it should continue as a permanent condition in this state. No man who is real friend of tenn perance, who is real friend Of pro- hibition can disregard the significance of this meeting, and of this utterance. Here was a convention composed of two or three thousand earnest. patrio- tic delegates from every part of the state. assembled to enter a protest, which was uttered in no uncertain
 terms against a trifling with the lib- erty of the citizen by announced cam didates for office and against the adop-
 tion of the proposed Constitutional amendment.
 The declaration of the Montgomery
 convention against the proposed Con- stitutional amendment may be epito- mixed in the humble but eloquent lam guage of an old farmer in our neigh
 boring county of Cleburne, when he said: Men, fur enough Is fur enough" Who Is 1t that does not know that no law and no Constitutional amend ment can be enforced in this state. or in any state which is rammed down the throat of the people against their
 will at the insolent, dictate of a bare majority, especially when such laws and such Constitutional amendment
 trample upon the most sacred right of the citizen and authorize the invasion of the sanctity of his home,-hence the value of the conservative decla- ration of the Montgomery convention for the preservation of the status quo. So drastic are the provisions of the Fuller bill. adopted by the same legis- lature which submits this Constitution al amendment to the people for adop- tion. that at least one judge in the state has instructed the grand jury
 not to indict the citizen for making domestic wine and the Governor of our State has promised to pardon any citi- zen who is convicted under the law
 for making domestic wine. and yet they would railroad the people into the adoption of Constitutional amendment, prepared and submitted | for the very purpose of making the drastic provisions of these laws con- stitutional and permanent.
 And so determined are the leaders of this movement in the accomplish ment of their purpose that they are proclaiming everywhere that if they are defeated in this movement prohibi- ton will be discredited and saloons will be opened in every city and at every cross-roads.' Against these hys- terical utterances of announced can didates for office, we offer the digni- fled utterance of the Montgomery con- Vention