The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1910-02-18

ton of the only sovereign 1 recognize,
the democratic voters of Alabama.
Abuse of Executive Function
when the special session of the legis-
lature was called 1 did not hesitate to
denounce it through the public press as
a grave and reprehensible abuse of an
important executive function. I did not
count the cost to my personal or political
fortunes in expressing to the best of my
ability the dangerous and insidious at
tack on personal liberty and individual
rights so cunningly concealed in the bos-
som of the proposed amendment I was
guilty, with others, of pernicious activity
in organizing the conference at Montgom-
cry which successfully confronted an op-
position arrogant and confident of victory.
I claim no credit for obeying my sense
Of duty to my state in what I believed
to be her hour of greatest peril. Yet, at
the same time, I should not be prose-
cuted by those who honestly advocated
the amendment, and those who admit that
my course was sustained by the verdict
of our supreme tribunal, a majority of
am not vain enough to expect any fa-
vor from those leaders whose selfish
schemes I aided in exposing and whose
political ambitions | assisted In defeat
Ing. The platform of principles on which
that conference successfully waged the
campaign against the amendment de-
clared that 1t was not their purpose
to seek the restoration of the saloon
in any place of Alabama, nor to repeal
the prohibition statutes then upon our
books but affirmed that those statutes
were entitled to a full and fair trial. This
declaration was made in the utmost good
faith and by body of men representing
every class of our citizenship-one of
the most distinguished that ever as
sembled in our capital city. 1t commit
ted those who took part in that conference
and who subsequently unselfshly vol
unteered their services to that campaign,
in honor and good faith. to give those
statutes a full and fair trial. As l
stated In my published declaration time
and experience can alone determine
whether the policy now existing is a
success or a failure The vast ma
jority of our people, those who advocated
as we'll as those who doubt the wisdom
OF statewide prohibition seek the same
end, the promotion Of temperance and
sobriety among our people The laws
policy must be enforced, as long as the
people of Alabama in the exercise of their
sovereign power of self-government see
At to keep them on the stateue books
until they express their will through the
legislative department to "rev1se. modify
or repeal them
VIII Go Before Court
Almost every speaker who opposed
the amendment denounced certain pro-
visions Of the Carmichael and Fuller bills
az violative Of certain fundamental con-
stitutional and legal rights. In the Or
derby course Of judicial procedure. these
questions will be determined by our su-
preme court. to whose Judgment even the
superintendeut Of the Anti-Galoon league
must now bow in submission. Yet I did
not hesitate to declare on the stump and
in my published declaration, and which
now affirm, that even II our suprelne
court should sustain that provision OF the
Fuller bill which gives the right of trial
by jury on appeal where no Jury 10 pro
vlQe0 lot IN Inc Lrlai COURT IL ~ btAAs AZ
my judgment, q dangerous and unwar-
ranted departure from the spirit and N
| tent of the constitution. Our constftu.
| t1on provides that the right of trial by
fury shall remain invlolats. Our ancestors
jealousy guarded the right of trial by
| Jury as the shield Of the citizen against
arbitrary power, and experience hai
shown that It ID tho wisest method YET
devised to secure the impartial admins
| tration Of our criminal laws. No mar
charged with q crime should be con
victed except upon the verdict of peti'
| Jury impartially selected. I am utterly
opposed to that policy which would single
out the violAtor Of one class OF crime
and deny to him those safeguards accord
/ ed to an other criminals, however, trivia
or atrocious the crime might be. TIT
bulwallu erected by the wisdom, woi
by the blood and sacrifice Of our father
to protect individual rights and persona
| liberty should not be undermined unde
/ the false and specious pretense Of ~
| curing Q great moral reform. AZ hav'
| heretofore stated, the integrity OF tn
laws prohibiting the sale Of liquor II
| Alabama will not be affected BY compli
i ance both with the spirit and intent o
| the constitution. I stand today whore
stood during the recent campaign ana
reiterate now every pledge then made.
stu In the Fight
Tho address Of the superintendent o.
The Anti-Ha1oon league made carly II