The Birmingham age-herald., 1909-09-12
FIRE WORKS WILZ BE BIC
 FEATURE OF STATE FAIR


 State Fair to be held in Birmingham October Il to 20. decided that the fire works this year, to be in keeping with the splendid attractions 1t has secured in other amusement lines, must be the very best.
 With this end in view the management secured offers and programmes from all of the large fireworks concerns in the country-those that have national repu- tation for putting on the most satisfac- tory pyrotechnic displays at the larger fairs and expositions. While the manage nent has not been precipitate in closing the contract for fireworks, they have finally made deal with one of the larg- est fireworks concerns in America, which legislature to admit In one breath that it's former laws could not be enforced, ana In the next breath to assert that this same unenforced idea should be put into the constitution, where forever 1t would preclude any remedy other than the one which was confessedly unenforced. TO pass laws that there shall be prohibition is one thing; but to say that no other kind  statewide prohibition is not successful, Is an entirely different thing.
 We are opposed to tying the hands or the legislature, so that we cannot get the next-best method of handling the liquor question If the statewide prohibition tne- ory does not work in practice. Neither can we afford to be unmindful of other states and localities on this question f'or example, Massachusetts, Vermont, New Hampshire, Illinois, Iowa, Michigan. Del aware Maryland, New York Rhode Island and others states have tried state wide prohibition, only to be repealed in every one of them after full trial. It remained In Vermont and New Hampshire for a half century. This history at least suggests to us that time may come when statewide prohibition will need 10 pc repealed in Alabama. Neither can It De said that the failure of enforcement In said states was due to any inadequote or insufficient legislation. and every oe- vice as known to the Fuller bill has been tried in the effort to enforce 1t. The right of trial by jury has been repealed. The vicarious punishment of the agent and lessor for sins of the lessee has been pro- yfded for; the right of search without warrant has been enacted; officers Of the law have been stimulated to diligence by the fee system and a share Of the nnes, and a single individual was sentenced to 100 years Imprisonment for violation O. the law. And yet, after long years Of trial of the law in many states, statewide pro hibition was repealed, in the interest oh temperarrce and good order
 States With Prohibition.
 a When we ask what states have state- wide prohibition, we are referreo 10 very few Those having constitutional prohibition are Ohio, Maine' Kansas North Dakota and Oklahoma. The ohio oonstitntion of 1851 declares In article XIV, section, 8: :,
 ..No license to traffic in intoxicating H. nuors shall hereafter be granted in this state. but tho general assembly may, py law, provide against evils resulting there- from"
 It Is a dead letter there. and in Ohio sa- looms are taxed" not licensed. we are reliably informed that in neither aMine nor Kansas Is there a rigid or gen. eral enforcement of prohibition. Okla homa has 1t in its constitution, because the act of Congress by virtue Of which Oklahoma became a state provided that. on account of the Indian territory ana Osage Indian reservation, there should be nrohibition in that portion of Oklahoma for at least 2 years. The federal gov ernment, as guardian of the Indians, re- ouired the provision as condition 10 Ol,lahoua's statehood. And, while 1t seems to us that there are those who would occupy similar relation Of guardian to our people, we are sure the people of Alabama do not need guardian or a paternal government, and certainly they do not need to be treated as though they were Indians.
 Out of the entire union we, therefore, find that only i've state constitutions have prohibition in them. and not one of those state would be taken by Alabamians TOT their guide in constitutional or ies1siatNe matters How much sympathy has Kan sas with Alabama? From John Brown down we have been accustomed to think of "bleeoing'' Kansas as the headquarters of sIsms and freak suggestions. Ana certainly we do not have to go to Maine or North Dakota for instruction. When have they ever agreed with us In poll tics? We think 1t best to go slow until the wisdom of statewide prohibition IS proven. It will not hurt prohibition to leave the amendment out until we try the statutes: and it may seriously hurt some narts of the state to adopt it, if after while sentiment as to statewide prohibi- ton changes and the statutes need modi- fication.
 The argument that if the amendment Is adopted 1t will settle the prohibition ques- ton and remove It rom pOlltlcS, ls, in our judgment, deceptive and unsound. The amendment will be voted on, and will be adopted or rejected, in few months What then means the talk of men run ming for office next year on the prohi- bition issue, or against 1t, If the ques- tjon Is to be out of politics.?
 One of the few states that had pro hibition in It's constitution was South Da- kota. which was admitted intol the union In 1889. Speaking in round numbers, pro- hibition was written in it's constitution by a vote of 55,000 to 10000. And, in 1893. the question of repeating that provision was submitted and carried by vote of 31.O00 to 24.000 Then 1t was 'out of the constitution" Two years after, an- other amendment was submitted to put the liquor question in the hands of the state (presumably the dispensary syster) and that was adopted by vote of a. ooo to 21 ,OO0. Then again, another amend ment was submitted to repeal the state control amendment and( in 1900, the new amendment was adopted: and the question went out of the constitution again by vote of A GOO to 34,000. It. therefore, ap- pears that putting prohibition in that con- stitution did not settle the question at all. because there were four election on it in less than Il years. And 1t is significant.