The Birmingham age-herald., 1911-03-11
ARE LOCAL LIQUOR LAWS ID BE VALID? Unique Constitutional Point
 Has Been Raised ON WORD REGULATE" Many Hold That Legislature Has No Right Under Constitution to
 Authorize Liquor By
 Local Enactment
ON WORD "REGULATE''
By BERRYMAN G. BETTY

Montgomery, March 10.-(Special. J. Whether or not the legislature can pass local laws authorizing the sale of liquor, without an election, is likely to prove most interesting question when some of the local measures now on the calendar come up for passage. Some of the mem- bers of the legislature claim that It can not be done, pointing to section l04 of the constitution as authority for their contention.
 The section reads: 'The legislature shall pass general laws for the cases enumerated in this section, provided that nothing in this section or article shall affect the right of the legislature to en- act local laws regulating or prohibiting the liquor traffic.
 number of prominent members of both houses maintain that the right of the legislature to pass local law "regu- lating" the sale of liquor does not pre- suppose the authorization of the traffic. On the other hand. many members are of the opinion that the section will not apply; that the legislature has the right to authorize the sale of liquor for any
 
 regulate it's sale, and that this can be done without the necessity of an cleo tion.
 Should there be any fight on this point it will revolve around the word 'regu- late' According to many this word pre- supposes that the legislature has the right to authorize the sale of liquor, while others are strongly of the opinion that this authority is not vested in the legisa- ture.
 When the local liquor measures af- fecting Montgomery and other sections of the state come up for passage it is certain that this question will be raised. It may be that the legislature will decide that it Is a point that it need not consider, as it has been fre- quently pointed out that questions af- fecting the constitutionality of laws should be decided by the supreme court.
 Should local measures authorizing the sale of liquor be passed it is quite possible that the matter may be taken to the supreme court. Able lawyers are divided on the question, some of the strongest men of the legislature hold ing opinions altogether at variance
 What Legislators Think
 Representative Alex Pitts of Dallas
  tionists in the house, Is of the opinion that local bills authorizing the sale or liouor, without an election, would be unconstitutional. MT. Pitts is strongly of the opinion that the legislature has no right to pass such laws, and he de- clares that he will not vote for any local bills. The Dallas representative thinks the various localities in the state should be satisfied with the pro visions of the Parks bill. which allows the right to hold an election, and, while he fought earnestly for the pas sage of the Parks bill, he declares he will contest every move on the part OK Legislators to pass local laws
 Another member of the house who IS of inc opinion that local laws would be unconstitutional is Representative Rrindley of Etowah. MT Brindley IS a stanch prohibitionist, and he claims that he will resist every enort 10 nave such measures passed. He thinks sec tion 104 of the constitution does not ai- low the legislature to authorize the saie of liouor, and he will raise this point when the various local measures come up for passage.
 Representative Henry Merritt of Ma con. prohibition leader in the house, said when his attention was called to th.s section of the constitution that he had not fully made up his mind in regard to the point, but that he was inclined to the opinion that the section In ques- tion would not apply.
 MT. Merritt is determined to resist the passage of all local measures, but whether or not he will raise the point as to the constitutionality of local laws could not be ascertained.
 The fight on the passage of local laws promises to be interesting, and 1t is be- iieved by many that, should such laws be defeated, the question in regard to their constitutionality will have played a considerable part in bringing about that result.