The Richmond Virginian. (Richmond, Va.) 1910-1920, 1910-03-05

which would give the Legislature the
necessary power to designate places
where liquor might not be stored. That
was the crux on which the prohibit
ton program hinged. 1t gave the
Legislature the eweF-t.-e4es
when the storage of liquor in the
home became a nuisance. The pur-
pose of this was sane enough. for
most of the tigers OF to-day are con-
Quoted in places where the proprie-
tor either sleeps himself or keeps his
family. Therefore. they are in the
home. The Legislature would have
declared through the Fuller bill that
when a home becomes blind tiger
1t is no longer home, but the worst
type of liquor nuisance.
The Amendment Defeated.
The opponents of the prohibition
movement in the State, backed AMI
directed by the liquor and brewing
interests which were fighting fer their
lives aud to stem movement that
threatened to sweep the entire South
and much other valuable territory.
seized upon this designation of power
contained in the second section of the
amendment and defeated the propo-
sition largely ON that one point. The
claim was made that the sanctity of
the home would be ieopardized II the
amendment were enacted, 1t would
give any Legislature the right. so the
liquor people declared to make Ia " :,
that would put Russia to shame fer
despotisnl- 1t was stated that ttfftier
the Fuller bill, which would become
fully operative by the ratification OF
the amendment, any baiiiff might raid
a hTY lra
wine was being kept on the premises
for the use OF the coed lady the en-
tire family might be sent to the peni-
Tertiary for several years. The pos
sibilities OF the second section of the
amendment were enlarged upon until
the yeriest lengths of absurdity were
reached But 1t caught the country
people, with the result that the
amendment was Overwhelmingly re-
jected on November 20. Where the
prohibition laws now stand lis a mat
ter that the Supreme Court win soon
be called on TO thresh out again.
Provisions Of tlsc Law.
Some Of the provisions of the series
OF prohibition laws will be enumerat-
ed. Any beverage containing more
than one-haif or one per cent OF
alcohol In bulk cannot be sold or
violating the law. Men cannot con-
gregate and drink In any place regu-
lariy without coming under the
designation of a liquor nuisance. The
only place in which liquors may be
served to guests is in the home, and
If the same guests are served with
much frequency. the officers have d
right to suspect that liquor Is being
sold.
MI Ia I.1 81
preparation of search warrant in
proper form. Two men must@ make
affidavit and probable cause SUFFICIENT
to convince the magistrate must be
shown. Raids cannot be made be-
tween the hours Of O'Clock in the
evening and s O'clock in the morning
Liquors found may be confiscated.
After a set form they may be de-
stroyed by the officers. They cannot
be returned to the owner who is con-
yicted of having held them for the
purpose of violating the law.
If a man sells whiskey to another
sufficient to produce intoxication. and
the intoxicated man goes home and
beats or maltreats his wife or any
member of his family, the injured one
may recover damages from the man
selling the whiskey II any man or
woman is injured by an unknown man
who is intoxicated. and can discover
who sold the whiskey which produced
the state, he or she can also recover
damages. Drinking In railways cars
is absolutely prohibited.
Whiskey may be ordered for home
consumption, but 1t cannot " de-
livered by a public dray or transfer
company. II a man orders a cask OF
beer. he may not have 1t delivered,
but he may rent dray and take 1t to
his home provided he does the driv-
ing. The drayman may accompany
him. Express companies cannot de-
liver WHISTLES and beers 10 street ad-
dresses.
The possession OF a Federal license
to sell spirits Is made prima facia evil
dence, and the burden of proof In
cases of liquor violations is thrown
on the accused The claim Wits made
that this section is unconstitutional,
but any lawyer will understand that
In practice of presenting the accused
innocent until the State makes out
its case. Is merely rule of evidence
and does not involve any constitutional
right of the accused
Not Display Whiskey Ads.
Among other measures that were
passed at the last Legislature Is one
which provides that whiskey adyer-
tisements may not be displayed on
bill boards or anywhere except In
legitimate newspapers. This applies
to all liquors and other articles that
come within the inhibitions Of the
Carmichael bill It was designed to
include the provision that newspapers
could not publish such advertisements.
hut this feature was promptly sat
down upon.
One OF the interesting bills passed
along with the other prohibition lot