The Montgomery advertiser., 1909-09-24
SILLY ANSWERS

Little Jacky Horner once pulled out k plum, and exclaimed. "what a great boy am IF Eminent legal talent" Is how after pulling the piums. and de- fends the amendment on the stump in Jacky Horner's way. It vociferates be- fore the people. you are simple-minded to object that the amendment would bring the search warrant into the home. Do we not show you that the law of Alabama used the search war rant ever since 1t was a Slater What lawyer will dare to say 1t unconstitu- tional to search the home to detect crime? The search warrant Is con- stitutionaL Being constitutional. you ought not to object to searches of your home about matters of this kind.
 What a pitiful evasion of a great question! The average man censures the amendment, because It's purpose is to give power to create the crime of keeping liquor in a mans own home, for his own use. and, having created that offence. to bring the search war rant into play against the home. to detect such an offender. Under the con- Legislature has no power to make it an offence for man to keep liquor in his own home for his own use. It is not possible now to use the search warrant against the home about such a matter. Why. if it is not proposed to search the home. should the Con- stitution be amended7
 All men know that since Is1s, the search warrant has been authorized in Alabama. The process has been used only to recover stolen property" or to seize things used as means of committing felony" or where the person against whose premises the search Is directed has things in pos session with the intention of "usins them as a means of committing pub lie offence." or the thing Is in the pos session of another to whom 1t was de- livered for the purpose of concealins 1t. Most people strenuously object to creating the new public offence" out of a mans keeping liquor in his own house for his own use. putting 1t in the catalogue of crimes like larceny burglary and embezzlement. for the detection of which the ordinary citi- zen's dwelling may be searched like the home of a burglar or thief.
 The motive and spirit of the leaders behind this movmement show the use they intend to make of the amendment, if they can get it adopted. They have always avowed they would. as far as statutes would accomplish 1t, make 1t as difficult as possible for man. no matter how blameless his life, or how temperate his habits. to keep or have a drop of liquor. even for his own use. They have deviled citizens. as much as possible, to prevent their getting liquor in a lawful way. in the exercise of their right under the interstate commerce clause of the Constitution ot the United States. Legislation we al- ready have. which prevents even a barber or dentist from using alcohol in his calling, except under the most exasperating regulations. Even the physicians has vexatious obstacles thrown in his way in getting a sufi- cient quantity of alcohol to bathe a sick patient. Does any man doubt if the amendment Is adopted. that the forces behind 1t would make 1t a public offence' for 6 man to order his own home as he pleased, regarding his natural right of keeping of liquor there for his own use? Who doubt ts after seeing the laws already passed that the Legislature would enact that the home is one of the places" where liquor shall not be kept" and make the keeping of it there a crime? Le
 the amendment be adopted. and a
 once the fanaticism behind the pres
 ent agitation would put in motion th' machinery of spies and search war
 rants. Is it not puerile to answer, tn,
 use of the search warrant in detecting crime has always been constitutional
 You should. therefore, not object tt
 our making a new crime out of an in
 nocent act. and using the search war
 rant to run down the offender. :,