The Birmingham age-herald., 1909-09-01
DAKOTA
 APPEALS ACTION Tried Constitutional Prohibition
 for Six Years
BUT PROVED A FAILURE
Prohibition in Organic Law of the State Does Not Stop the Agi- tatlon or Make Laws
 More Effective.

Montgomery August S1.-(Special.)-
 In view of the intention of the advo- | cates of constitutional prohibition to argue mainly that it is for the purpose of stopping agitation, the opponents of the amendment have determined to meet the point directly. To this end lawyers identified with the opposition have made ain investigation of a little history in the few states which have tried constitutional prohibition.
 T have just finished reading the South Dakota revised codes of 190S," said Leon McCord. T had the curiosity to know what was the history of tenn perance in this far western state They say that putting prohibition in the con- stitution of Alabama will forever stop agitation of the liquor problem. This was the principal argument of the ad- vocates of submission during the recent extra session of the legislature It is the argument that notice certain cam paign speakers are now using over the state.
 Do you know that South Dakota on October l, 1889, by a vote Of 4o,2 to 34,510 adopted a prohibition amend ment to it's constitution? It is said that the proceedings of the legisla- ture which submitted the amendment to be voted upon were practically the same that marked the debate in the re- cent Alabama legislature. The argu- ment was then advanced by the ex- treme prohibitionists that prohibition if put in the constitution would put an end to agitation. This and other de- ceptive arguments prevailed with the South Dakota legislators. To an extent it prevailed with the people of that state.
 But what happened in South Da- kota? Did it stop agitation? Did it prove more forceful in the execution of the prohibition laws than the tight statutes which were already on the books? On the contrary, 1t will be found that prohibition was a live is- sue for many years after the amend ment was adopted In South Dakota. Blind tigers grew up-or rather con tinued tn cir trade--just as if there were no constitution. And what do we find? Weary of the distressing conditions lh that state, the legislature in 1895 sub mitted an amendment to the constitu- tion repeating the prohibition article In full, and the people voted for the repeal by a larger majority than they voted seven years before to make 1t a part of the constitution. The vote to lift the section from the constitution was 31,- 901 to 24,91O. Thus did this sovereign people declare that however the legis- lature shall deal with this prohibition proposition it was after all no more than a police regulation, of such changing phases that the voters should be allowed to quietly remodel their statutes from time to time and never encounter the long and bitter conflicts that come with submitting and resub hitting an amendment to the constitu- tion.'
 The list of those who are coming to Montgomery to join in the conference September 15 to form a campaign against the amendment grows with each day. Every effort is being maGe to get representative delegations from every county of the state. And op- ponents of the amendments say that the size and Standing of the big con ference.
 At headquarters in the Exchange ho- tel J. Lee Long says that he Is receiv- ing daily most encouraging reports of voluntary nature from all counties. He says that the strength in the rural communities against the amendment is unexpectedly great.