The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1909-08-03
SOME FEATURES OF
PROHIBITION LAWS
Difference Between "Prohibi-
ton" and Temperance"
SELF-INTEREST A FACTOR
Henry Fits Says Conservative Thinker
Feels That Such Laws Lack Sane
ton of Universal Condem-
nation of Act Prohibited.

Henry Fits, a well known attorney at
law, contributes an interesting chapte
to the prohibition discussion, stressir
the difference between Temperance"
prohibition" He maintains that the !.
sentative thinker feels that a prohih on
law cannot enlist in It's cause the ong
motive power of self-interest," p. "a that
1t lacks the sanction of a universal con-
domination of the act prohibited, 1.-The
sanction which, with the motive of self
interest, makes effective the law against
murder. theft and arson" Mr.. Fits writes
as follows:
To the Editor Of The Age-Herald:/
Temperance is without doubt one of the
first of Christian virtues. No religion,
or moral philosophy, ancient or modern,
has gained a lasting foothold without
stressing this quality in some directions,
II not as a general tenet. That which
is best in men applaud the self-restraint,
the masterfulness, the self-appreciation.
no less the charity and kindness which
this quality manifests and begets. To say
that prohibition, which aims at absti-
hence, is the opposite of temperance is
sion of the liquor question. But there
are times and occasions when truths, most
trite, are well restated. Just now the
absolute statewide prohibition programme
is being carried out in the name of tenn
perance-by law to be enacted for the
promotion of temperance" by a guber-
material message which suggests that
temperance will be furthered by putting
a clause into the constitution prescribing
a rule of absolute statewide prohibition
This perversion of the word is so general
as to suggest design.
1t is observable that few Alabamans
not previously identified with the 1egit-
innate liquor traffic desire a return to
the liquor-sale conditions prevalent in the
saloon counties of the state prior to the
recent restrictive legislation. 1t is also
true that few deny that these restrictive
laws have operated to in some degree
diminish the consumption of intoxicants.
If the prevention of liquor sales were
the only end of government, the restric-
tive laws could be said to be in a meas
ure successful. That they have bred, in
some degree, contempt for laws in gen.
eral, suborned perjury, and created a
general laxity in law enforcement can
hardly be plausibly denied. Whether the
good result offsets the bad is now a
subject of serious and patriotic thought
throughout the state. There is wish
throughout Alabama. so general as to be
unanimous, for the creation of conditions,
by lawmaking or otherwise, which make
ovIa - \,
more thoughtful Of the sons of the state
fail to applaud the Incorporate language
and measures which mark the progress
of the prohibition movement. More tenn
perate than the agitator, they credit him
with good intent they applaud his pur-
pose, but doubt the wisdom of his meth
DDS. They see that thus far the practi-
cal working of his propaganda falls far
short of accomplishing it's purpose, and
has by-products most undesirable. They
wonder if there is no better way to APP
proach this subject, and dep1ore that the
issues submitted to popular discussion
seem to leave no choice between the sa-
loon-keeper and the league. This is one
secret of prohibition strength. A satus
carefully nurtured by an indiscriminate
and may we not again say, Incorporate
classification Of all who will not blindly
follow, as whisky men,"
The doubt of the wisdom of statewide
prohibition, so generally entertained by
the temperate is founded upon universal
experience with sumptuary laws, and In
no smallest degree upon sympathy with
the liquor seller or his vocation.
There are men who temporarily believe
| and reason somewhat in this wise:
1. The principal effort to break this
| law must occur in the cities. 1t is not
| to be questioned that,a majority of the
| people living in the cities have come te
regard absolute prohibition as a fail.
ure and are unwilling to have hollow
mockery thrust upon them. So thai
the very people who are expected t.
| enforce this law are already its avowet
antagonists. Mr.. Tiedeman, grea
legal author, who shows by his writ
ings thorough appreciation of tn,
| evils of the unrestricted liquor traffi,
and a broad sympathy with efforts a
| its curtailment, who spent a large par
| of his sch olarly and useful life in tn,
| study of the effect and power of re
|