The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1909-10-18


provisions of the interstate commerce
law, they are with the other hand seek
ing to strike down this protection by in
dueing Congress to so change the pro-
visions of the said law as that the eit-
zen shall be without any protection what
evsrl
II this does not disclose the purpose on
tho part of the leaders and advocates Of
this amendment to prevent the introauc-
tlon of liquor into this state and prevent
the storage and keeping of liquor In the
home OF the citizen or elsewhere, then 1
confess am unable to understand human
conduct.
It is settled rule in determining the
motives OF men that we are to be guided
more " what they do and have done than
by the Interpretation In emergencies they
may attempt to place upon their actions.
jagged by this test. we are warranted In
concluding that If the purpose OF the
trainers of this legislation and of the pro
poseo amendment has been and Is to pro-
tect the citizen in his right to store and
keep liquor in his home for personal or
family use or for any use, they, to say the
least, have been most unhappy in the
means they have adopted to accomp-
lish It'll
The Right of Search
The triumphant slogan with which this
movement began was, we have driven
whisky out OF the saloons, we have driven
1t out OF the clubs and we will now drive
1t out of the homes of the people
Under the Fuller bill now in force the right
to store liquor at any place other than
the homo Is prohibited. Lest I do an in
Justice to this remarkable piece of legis-
lation, beg to quote the provision of the
law itself:
4. That the keeping OF liquors or bev-
erages 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. General laws, p. 60
But, not satisfied with this sweeping IN
hibition, the leaders Of this movement
have gone further and have prohibited the
keeping in any place except the home
anything that looks, smells or tastes like
beer or whisky. To sustain this statement
again quote from the Fuller bill in ques-
ton:
"s21h. And the fact that the beverage
in question, as above stated, is of the
same color, odor and general appearance
or same taste, color and general appear
ance as beer, shall constitute prima facie
evidence that the beverage is a beer or
malt liquor or a substitute or device
therefor, and within the inhibition of the
statute approved August 9, 1909, for the
suppression of intemperance in this act
referred to; and the like rule of evidence
shall apply In respect to whisky and the
other beverages named."-(General Acts,
p. 80
II, therefore, the leaders and promoters
of this movement did not intend to pre-
vent the storing and keeping of liquors In
the home Of the citizen, what need Is
there Of section of the proposed consti-
tutional amendment, which provides that:
Nothing in the constitution of Ala
bama shall be construed to prevent the
legislature under the police power from
designating where such liquors may not
be stored or kept"
This Fuller bill, from which I have
already quoted. offers a reward for false
swearing by protecting the unprincipled
person who makes a false affidavit to
secure a search warrant or to begin a
malicious prosecution, or who testifes
falsely In the effort to convict an inno-
cent man. Lest | should do an injustice
to this remarkable piece of legislation.
again quote from the law itself, where
It says:
"291k. And no person who testifes with
respect to any unlawful act under this
preston Of the evils of intemperance shall
be prosecuted in respect to any act to
which he testines nor shall his evidence
SO given be used against him in any
criminal proceeding. "-(General Laws,
p. e0).
The leaders of this movement say that
tho right to search the home of the cit
izen has long existed in this state. This
is true, but 1t exists in criminal pro-
ceedings only where the citizen against
whom the warrant Is issued is charged
in the warrant with the commission of n
crime for instance, IL you have robbed
a bank, and have the funds of the hank
secreted in your home the sanctity of
your home will not protect 1t against
search, when the prosecutor has made
an affidavit charging you with thu COM
mission of the offense, alleging therein
that the funds OF the bank are secreted
in your home.
But suppose, under the law as 1t now
exists, prosecutor goes to court of
competent jurisdiction and makes aft
davit that you have quart of liquor in
your home, and demands search war;
rant to authorize the officer TO seize
same the court applied to, II at all mind
full of the rights of the citizen.{ would
be bound to say to the prosecutor; your
affidavit o1ai ges no offense, and the
search warrant applied for cannot AMI
will not be issued.
But, II the people of this state are
so unmindful of their interests as to
adopt the proposed constitutional amend
rflent, It will be in the power of the pres
ent legislature and it will be in the power
of any subsequent legislature to make
that/a crime which is not now a crime;
that Is to say, 1t will be In the power
of the present Legislature and in the
power of any subsequent legislature to
declare that he who keeps quart of
liquor or as much as two ounces of liquor
In his home, regardless of tho purpose
for which he keeps it, is criminal and
shall be subject to fine and imprison-
ment, and upon conviction shall be put
to hard labor upon the streets public
highways of the stated
Any one who has a grudge against you.
a discharged or dissatisfied employee or
servant, may institute this prosecution
and secure a search warrant, and even
though it may turn out that not a drop
of the prohibited article is found upon
your premises. the prosecutor is immune
from prosecution for false-swearing ard
you are utterly remediless for the in
dignity which has been inflicted upon
your family!
The right to protection against unrea-
sonabe search, and for the protection
Of the sanctity of the aonis was right
wrung by the barons fro King John at
Runnymede. 1t is sacred right. pro-
tected by the Magma Charta which any
Englishman would die rather than sur
render; right which every constitution,
state and federal in this country, has
most jealously guarded. The constitl-
tional convention of 1901, over which (
had the honor to preside, would not have
dared to submit TO the liberty-loving cit