The Montgomery advertiser., 1909-10-17
Mor1strous, Declares
 Col. Hilary Herbert
Former Secretary of Navy Visiting Montgomery, Says Amendment Will lie Hands Against Probable Neces-
 sary Legislation of the Future.


 mistake--we are fnfallible. The whole theory of successive Legislatures under free government Is that every Legis- lature. acting on the suggestions of ex- perience and observation. shall have power not only to pass new laws, but also to modify or repeal existing laws. And yet there are men in Alabama to- day bold enough to tell the people. we want you to pass this amendment now so that If you should conclude In the future to repeal or modify Statewide prohibition. your Legislature cannot do so no matter how disastrous or demor- aiizing the law may be in any part of the State.
 Mosstreus Prepesition.
 ITO my mind this proposition is as monstrous as was the action of Radt- calls, who in Congress took advantage of the passions and prejudices of the war to force through the fifteenth amendment. giving universal suffrage to the negro.
 "The Anti-slavery Society of Amer lea met in New York in April, 1870. to celebrate the adoption of that amendment. Their work, they con- cluded. was finished and so they dis- solved. congratulating each other that their wisdom and philanthropy was orystallized into the Consultation of the United States; and 1t was. they then thought, a perfect work. Now those men were philanthropists and absolutely honest with themselves. But alas; what a mistake!
 Tn Alabama, we had six years of misrule, of spoliati and degradation. and still negro suffrage was with us. To preserve our civilization, we were absolutely compelled to commit frauds at the ballot box and our Christian people condoned the crime because 1t was necessary. Those frauds were degrading and demoralizing. and. to put an end to them. we secured at length. a new constitution. This new constitution wisely left us the right of elf-government. Let us not deny this right to ourselves or those who are to come after us. In my opinion. the op- ponents of the amendment ought to boldly meet its advocates on their own ground, and when they say they are afraid of future Legislatures. let the answer be: We still believe in popular government. Let future Leg islatures act in the light of the future.
 "There are hundreds of thousands of those in the North who helped to pass the Fifteenth Amendment who now see it was a mistake. But they have tied their hands.
 whatever may be the fate of the amendment, prohibition will continue to be the law for much the larger por- ton of Alabama. It ought to continue where the people want 1t and public sentiment will enforce 1t. But the people. say of Blount or of Butler County, though they may keep that law for themselves. ought not. 1t seems to me, to wish to keep it as the law. say. in Mobile however ill-suited it may prove to be. The right of self government Is a sacred thing in the hearts of Americans.
 Let me add that the second section of the amendment contravenes the fundamental idea of the sanctity of the Anglo-Saxon home, empowering the Legislature to authorize a search. without even bond. But I have given you now long talk and fear may have trespassed,"