The Montgomery advertiser., 1909-10-28

1 ly put the names of such persons In the jury boxes that were favorable to the enforcement of the prohibition lows. so that any person charged with violating the prohibition laws. will be tried before jury Of those favorine prohibition.
 The law further authorizes the Gov ernor to prefer charges of fmpeach- mert against any sheriff of any county In the State, who 1t is clAfmed neg iects to. discharge hts duties in con nection with the prohibition laws. Af- ter the shsrins elected by the people have been fmpeached and turned out of office. the Governor will then only appoint such persons in their places as are thoroughly in accord with his views.
 The law also provides for the chan cery court to issue injunctions and ex- traordinary writs to enforce the pro- hibition laws. In view of these drastic jaws and the methods. provided for their en- forcement. where ia the necessity for my further 1egislation upon this ques- ton? Now 1t Is clear that those fa- voring prohibition have everything their own way. What more do they want unless they want to Invade the home and thus, drive liquors and oth- CT intoxicating beverages entirely out of the State7 We see daily instances where spirituous liquors and other in- toxicating beverages are seized and confscated whenever found in any place other than the home.
 It was announced some time before the Governor called the last special session that the prohibitfonists fntend- ed to amend the constitution. and then 1t was declared that they would secure a Supreme Court that would construe the amended constitution so as to car " Into effect their plans and purposes: So that 1t concIusively appears that before the Governor called the extra session. the whole program was plan ned and agreed upon.
 When the special session of the Leg islature met. the following proposed amendment was submitted to the Leg, islature, and was passed:
 Section 1. The manufacture, sale and keeping for sale of alcoholic and malt liquors and other intoxicating beverages. shall be forever prohibited In this State; but alcohol may be sold for medicinal. scientinc and mechani- cal purposes. under such regulations aztthe Legislature may have prescrib- led or may hereafter prescribe.
 SCl. e. &NOEHAHB th tht 1Ou8LlIuIlOu of Alabama shall be construed to pre- vent the Legislature under the police power from designating places where such liquors may not be stored or kept" s
 Now we contend that every fair minded man will admit that the second section of the proposed amendment authorizes the Legislature to desIg- nate the home as one of the places where liquors may not be stored or kept When the plain meaning and pressed upon the advocates of the amendment they. instead of meeting the argument. cowardly run away from the issue. andt proclaim that such person presenting the argument represents the whiskey trust or the saloons. Some of them claim that 1t does not mean to confer the power up- on the Legislature to designate the home as one of the places where liQ- uor may not be stored or kept. They have been unable by argument to stis- tain the good faith of this contention. What use can the second section of the proposed amendment be employed to accomplish unless 1t Is to prevent the storing and keeping of liquors in the home? Some of the advocates of the amendment when the plain mean ing and purposes of the second sec ton of the amendment is pressed upon their considerations. reply: "oh. yes, but the present Constitution will pro- tect the people against the Legislature. and prevent 1t from passing any law section five Of the present Constitu- ton. which provides as follows:
 That the people shall be secure in their persons. houses, papera and pos sessions from all unreasonable seizure or searches and. no warrants shall is- sue to search any place or. to seize any person or thing without probable cause. supported by oath or affirna- tion."
 Now if the people of Alabama should adopt the second section. of the pro- posed amendment. and the Governor should call as probably he would. an-- other special session of the Legisla- ture, and it should pass laws provfi- ing that liquors and other intoxicat- ing beverages may not be stored or kept in the home, and, the ofiicer unr der the new law should proceed to search and seize. any liquor stored in the home, and the owner of the home should contend that he is protected by the fifth. section of the present Con- stitutfon, the court would very prop
 
 vides that ''Nothing in the constitu- ton of Alabama shall be construed to prevent the Legislature under the po- lice power from designating places where such liquors may not be stored or kept" and that this Is the latest expression of the will of the people in adopting the second section of the amendment and the latest expression of the legislative will of course be- ing In conflict with the fifth section, the second section would be declared as controlling the issue. In fact the second section of the proposed amend ment effectuaily ties the hands of the court, It declares that Nothing in the Constitution of Alabama shall be construed to prevent the Legislature under the police power from designat- ing places where such liquors may not be stored or. kept" and if the Legisla- ture declared it should not be kept in the home. the court is deprived from looking to the Constitution In order to