The Birmingham age-herald., 1911-08-15
Excise Commission Plan
 Explained Completely
olspensary is Not the Remedy, is Calm, Dispassionate Judgment of the Thinking Men of
 Jefferson

onstrated that a majority of the people of Jefferson county do not favor the pres ent prohibition laws, and that they oush' to be repealed.
 While he is opposed to prohibition and concedessits failure, he also declares that he is equally opposed to what he Is pleased to term the private traffic ir liquors, especially by retail. While op- losing specifically the licensing of pri- vate individuals to sell liquor, yet he favors the sale by dispensares. The only difference between the sale by private in- dvlduals and dispensary is sale by the entire community.
 Under the provisions of the Smith reg uation law dispensary practically re- tails liquor, because it can be sold Tn quantities as small as the sixteenth of 8 pint In other words, under the dispen- sary system as now provided. by the Smith bill spirituous liquors can be sold by the drink.
 Bowie's Objections
 Mr. Bowie says that he is opposed Specifically to the licensing of private Individuals to sell liquor under the pro- visions of the so-caled Smith bill, be- cause that law contains the most danger GUS and ndefensible provisions under which the license to sell liquors in this state has ever been permitted" He then proceeds to mention the objectionable fea- lures, and uses the following language:
 
 first time in the history of the state is il provided that retail license to sell0 liquor may in many instances be issued to pri- vate corporations"
 An examination of the Smith law clear ly shows that MT. Bowies objection is un- founded The only mention of corporation can be found on pages 255 and 257 of the act. On page 255 of the Smith law is the following language:
 >''If the applicant is corporation such recommendation shall state that the ap- plicant is a domestic corporation of the kind authorized to obtain a license under the provisions of this act
 Section Il of the act says:
 ''No license shall be issued to a cor poration except as a domestic corpora tion authorized by It's charter to engage in the business of manufacturin or selling at wholesale spirituous, vinous or malt liquors, or operating a bona fide hotel or restaurant or bona fide social club located within the police Jurisdiction Of the city or town, etc.
 The Corporation Feature Hence. it is evident that no license to retail spirituous. vinous or malt liquors can be granted to any corporation except as domestic corporation operating a bona. fide hotel or restaurant, or bona fde social club. There Is nothing in the language of the act which authorizes the issuance of license to domestic cor poration to operate a retail establish ment, unless the corporation is operating bona fide hotel or restaurant or, social ]. club.
 The language of the act Is too plain for misconstruction, because it says that no license shall be issued to 8 corporation except a domestic corporal tion which is authorized by it's charter to engage in the business of manufacturing or selling at wholesale sprtuous, vinous or malt liquors. It's charter only authorizing the sale of liquor at wholesale it would have no authority to engage in the retail bus ress, even though permitted by the Smith bill. It is well settled principle of law that corporations can only exercise those powers expressly conferred by their char ters or which may be necessary to carry out their delegated powers, or which may result by implication of law
 If the lawmakers had intended to permit any corporation to engage In the retail of spirituous, vinous or malt liquors it would have said, instead of alton authorized by its charter to en- gage in the business of manufacturing or selling at wholesale or retail" but the last word is purposely omitted.
 Necessary for Hotels
 Nearly all the prcipal hotels and social clubs in the state are operated by private and domestic corporations and hence if hotels and restaurants or social clubs, are to be allowed to engage in the retail sale of liquors 1t would be absolutely necessary to au- thoriZe the domestic corporations op- erating such hotels restaurants or clubs to secure a license.
 Foreign corporations nrc nOts ai-
 lowed to engage even In the sale of
 liquOr by wholesale, but agents of
 . brewery In another state are re-
 quired to pay a license before be-
 l~r aUn J f<.S |. ~fp
 MT. Bowie asserts:
 "A corporation being artificial en- tity. is effectually exempted from impris- onment. and the managing agent is not responsible for his clerks or servants The Smith law wisely provides:
 No licenses shall be granted to corporation except upon petition by the. president or secretary thereof acting under authority of the board of directors, or other governing body, to the excise commission"
 For any infraction of the law this i- cense can be suspended or revoked. The person operating the bar. of hotel, res taurant or social club as the agent or employe of a corporation is liable for a violation of any criminal law to the same extent as any other barkeeper. It is true that the corporation, being an artificial entity cannot be imprisoned, but the off cers or agents of the corporation who vio-
 
 Applies to All Corporations
 If the argument of Mir Bowie against the Smith regulation bill is sound, it could with the same force be applied to every other corporation. The same objection can be made to the creation of every cor poration. because it is an artificial entity and not subject to imprisonment. The whole Business of the country would he thrown into confusion, and all of our progress in industrial and commercial lfc checked and overthrown if the argument Of Mr. Bowie against the Smith bill was sound, and the existence of every corpor- alton was as he contends in effect q menace to the prolic welfare.
 MT. Bowie says:
 Its worst provision lies in the fact unexpresed. although In the terms of the statute, that single individ- ual may, through the ownership of In his hands the entire business of those escerpnrations who under the law are authorized to retail liquors."
 As we have shown, the only COZ. pOrntions. aufhOrlsetI tO retail liquors are those who operate kO- itels, restaurants and social clubs. applicant for license must file with his application for license statement inst kt is not In any
 manner pccuniartly interested In
 the profits In the liquor busiaeae
 cOndueted. ar to be conducted, h any other vlace In the state