The Birmingham age-herald., 1909-09-25
WEATHERLY ASKS
 SOME QUESTIONS Will Alabama Homes Be Safe
 Under Amendment2" LETTER TO DIR. LAWRENCE Cites Provision of Fuller Bill to Show How Certain Homes May Be De- claired Nuisances-section 2
 of the Amendment.
LETTER TO DIR. LAWRENCE

James Weatherly, the well-known at- ter to Dr. Brooks Lawrence:
 I have just read the communication of the Rev. Brooks Lawrence in today's Bir- mingham Ledger, entitled "Alabama's Homes Safe Under the Amendment"
 In it he says: "As the reading public knows, our Alabama supreme court re- gently rendered a decision, which. if it re- mained unchanged, would render it pos- sible for liquors to be stored in certain places of public resort, and the design of this section (section 9 of the proposed amendment is to make it possible for the legislature to prevent this by statutory en- actment"
 The reasonable inference to be drawn from this statement is that the only or principal design of Section 3 of the pro- posed amendment was to counteract the recent action of the supreme court.
 But we must judge of the design of the proposed amendment by the design of it's framers, and we have their design clearly disclosed in the enactment known as the Fuller bill From this it would seem to be their purpose to go much further than the purpose expressed by pr. Lawrence. Section of that enactment provides as follows:
 Sec. 4 That the keeping of liquors or beverages that are prohibited by the law of the state to be manufactured, sold or otherwise disposed of, in any building not used exclusively for a dwelling shall be prima facie evidence that they are kept for sale, or with intent to sell the same, contrary to law"
 Section 19 declares to be common nuis- ances, among other places, the following: CD All rooms or structures used for tho unlawful manufacture, sale, furnishing, distilling, rectifying, brewing or Keeping" of liquors or beverages that are prohibited by the laws of Alabama to be manufac- tured sold or otherwise disposed of in this state" Other parts of the law provide for search warrants for the seizure of the prohibited liquors, and proceedings by bill in equity to abate the declared common nuisances. Now, I ask Dr. Lawrence the following questions, courteously, viz: l. Is it not one of the purposes of Sec ton of the proposed amendment to en- trench the above quoted or similar pro- visions beyond the power of nullifcation by the courts?
 2. Do not those provisions, or some of them, authorize searches and seizures in ''homes' that are located above store houses and shops. or In structures not used exclusively for dwelling houses?
 8. Do not those provisions or some of them authorize 'homes' to be declared common nuisances that are located as de- scribed in my second question?
 4 Do not single individuals and entire families in Birmingham and elsewhere in Alabama frequently dwell or make their homes in the rooms of structures not used exclusively for dwelling purposes?
 D. Would not Section of the proposed amendment, and does not the Fuller law in fact, authorize the raiding and search ing of 'homes'' such as are described above for prohibited liquors. not only if such liquors are actually kept therein, but if affidavit is made that there is prob- able cause to believe they are so kept?
 Does not the Fuller law provide. and z amendment authorize that "homes" of the kind indicated may be declared to be com mon nuisances, if prohibited liquors are kept therein?
 Does not the Fuller law provide, and would not Section 2 of the proposed amendment authorize, that the mere keep ing of intoxicating liquors or beverages in such "homes," shall be prima facie evidence that they are kept for sale, or with the intent to sell the same, contrary to law?
 For the information of the public quote Section of the proposed amendment, as follows:
 "Nothing in the constitution of Alabama shall be construed to prevent the legisla- ture under the police power from desig- hating the places where such liquors may not be stored or kept"
 JAMES WEATHERLY. Birmingham, September 24 1909.