The Birmingham age-herald., 1911-01-18

trials to one clas of offenders in order 10 secure convictions. the system could be extended and the right of trial by jury, so long regarded as an essential safeguard against arbitrary power. and the safest and best method yet devised by human wisdom for the trial of those charged with crime, would be weakened if not overthrown. Under the Fuller law the discretion ordinarily given grand juries in misde- meanor cases was withdrawn so far as a violation of the liquor laws was con- cerned, and that body required to indict where the evidence made out case, even though the prosecution might not subserve the public good.
 The Fuller law also defined in very general and sweeping terms what con- sttuted a common nuisance, and in- vested summary powers in courts of equity to abate them by granting in functions even without bond or notice. An elaborate system of searches and seizure, without affidavit showing prob able cause, under the guise of inspec tion or investigation, was created and private citizens vested with the author | ity to employ attorney in the prosecu. | ton of liquor cases, ~ One of the most novel provisions of | the Fuller bill is found in section 29H and is as follows:
 No person who testfies with respect | to any unlawful act uSder this statute or other statutes for the suppression of
 the evils of intemperance shall be pros ecuted in respect to any act to which he testifies nor shall his evidence so given be used against him in any crim- inal proceeding"
 The manifest meaning of this pro- vision is to exempt any witness from prosecution for any violations of the lfuuor law as to which he may testify as well as from any prosecution for perjury. It is rather surprising that statute whose ostensible purpose was to elevate the morals of the people should contain a provision which legal izes, if 1t does not encourage, perjury. These are some of the salient fea lures of a law which it's advocates con idently claimed would make prohibit tion both of the sale and use of liquor as effective as possible by human leg islation.
 It will be observed that while these laws did not direcilys deny to the citizen the privilegesof iadulging in the use of intoxicating liquors. they did declare that their purpose and policy was to | discourage it's use. The citizen could | still order liquor through interstate commerce for his own use, and the li- quor when so received was property under the law. but even ordering for ones use was hedged about with many restrictions. After the liquor reached | the depot or point of destination, there
 was no method of conveying it to the home of the consignee except by his own wagon driven by himself If found l in the possession of another person, | even for delivery, 1t was apparently subject to seizure and the person driv l ing the team liable to punishment The courts of Alabama, as well as the courts l in other states, have almost uniformly held that liquor in the possession of a citizen for his own use was property and entitled to the same protection as other property. It is therefore difficult l to understand on what theory the legis- | lature could create violent and arbi- trary presumptions of guilt based on | the possession of ones own property yet under the provisions of the Fuller | law the possession of what the courts l of the state have declared to be prop crty was made the basis of a prima l facie presumption of guilt. 1t has been | repeatedly declared by our highest judicial tribunals that 1t was not with l in the power of the legislature to ere
 ate violent and arbitrary presumptions l of guilt based upon facts, equally, if not more consistent with innocence. It is not within the power of the legisla- ture to change the burden of proof as
 | established by the common law and se-
 cured bysthe constitution. Yet that both
 l were done by the Fuller law does not
 admit of question.
 Intoxicated with power-mistaking
 the sentiment of the people--the spirit
 Eof radcalism which gave birth to tho
 Fuller and Carmichael laws found it's
 final expression in the passage of the
 constitutional amendment. Calmly and
 impartially considering that amend
 ment after the passion and bitterness
 engendered by the campaign which fol- | lowed it's submission has subsided it
 cannot be denied that it was more revo-
 lutionary than any which has ever be-
 fore been proposed in any state of the
 union. 4a
 The convention which assembled in
 | Montgomery on September 15 1909. to
 organize a campaign to secure its de-
 feat unquestionably represented the
 calm, thoughtful and conservative judg-
 ment of an overwhelming majority of
 our people.
 After full and fair discussion the rati- ficationl of that amendment was crush
 ingly defeated. Its rejection by the people by a majority so decisive, con clusively established the fact that the
 radical policies and enactments of the l special session Of 1909 on the liquor question did not mean the approval Of our final court of appeals-the cleo ] Itorate of Alabama. !, Yet the Fuller. Carmichael and oth- 7, CT laws enacted by the last legislature
 s<yt