The Birmingham age-herald., 1918-03-31
JUDGE DENS0N TELLS.
 WHY HE CHANGED AMENDMENT VIEWS
OpeIika Jurist Now Ex- presses Hope That Ala
 bama Will Ratify the Amendment

Judge N. D. Denson of Opelika, whose attitude on different phases of the pro hibition question has been of interest all over the state. issued statement yesterday in which he declares himself | In favor of the federal prohibition amendment.
 His announcement is of special interest because of his declaration against the lamendment as recently as December, l His statement outlines his reasons Tor 1 the change in his views. It reads:
 The introduction into Congress of the resolution proposing the prohibition /, amendment for ratification by the states was a concession that said proposed
 amendment involves the question of states rights; otherwise Congress did a useless thing in adopting the resou- ton.
 But the right of the states to legis- late with respect to prohibition or the manufacture and sale of intoxicating liquors cannot be said to be inalienabe or non-transferable. It may be given to
 the United States as a legislative power
 to Congress.
 "Congress has proceeded in the mode prescribed by the constitution to transfer
 said power from the states and vest II in the United States, and if the legisla- lures of three -fourths of the states rat fly the amendment it will legally be- } come a part of the constitution, and the prohibition of the manufacture and sale of intoxicants will then be amongst the
 enumerated powers of the federal gov ernment, and legislation by Congress prohibiting the manufacture and sale of intoxicating liquors cannot then aptiy
 be said to be an invasion of states rights, for an act legally done cannot } be properly characterized as an invasion. Therefore, it occurs to me that the
 question for debate in respect to the rat ( ification or not of the proposed amend- ment is not so much whether it Is an l invasion of states rights, but does sound 6 public policy require it; is there a public . necessity for it? Upon mature reflection , it seems to me this question is deter minable by taking the measurement of q the evils that flow from and the desti- . tuition that follows in the wake of the n intemperate use of intoxicants.
 No person who is at all conversan
 with the real facts, acquainted with sta tistics and is abreast of current events t can gainsay the statement that the in
 temperate use of intoxicating liquors i c one of the greatest curses the human
 race is afflicted with. Instances iron ' observation. and from my experience a C a trial judge for 12 years, as well q F l authenticated statistics, are abundant il h support of the statement. So notoriou < is the evil that the courts of the countr ~ treat the fact as common knowledge -- The supreme court of the United State d has given recognition of the truth of tn
 proposition In several cases, notably |
 the case of Mugler vs. Kansas, 123 L. S
 S1 l.. ed. 205. and in the case of Gran d vs. Campbell (the Idaho easel reporte i'd in United States Advanced Opinions, Jan l. uary 1, 1918. page 95.
 ;,.I "I am mindful of the fact that In m ll A St vertiser on the 29th day of Decemhe s last, I took decided stand against rat r. fication of the amendment but I am no la convinced that my perspective at ths
 time did not extend far enough. I d as not compass or contemplate what migl at be the possible. if not probable, resul of iof defeat of the amendment in Al; d bama. I have closely observed even
 that have and are taking place in u III state since my published letter, new fe or lures of the question have been broug in into view. and at present ] see poss nd ble, if not entirely probable, conditit mt that may result which would. in n aI opinion, be well nigh calamity in u is state. It is this. If the amendme ,n, should be defeated in the United Stat ve and at the same time Alabama vot in against it, it is quite probable that t nd legislature that is elected will be mimic ed to the present prohibition laws, and ng so there would be no hesitation on t ,r- part of the legislature in passing a Ia Dr. repeating them and legalizing the sa he of liquor in the state in some form. d. Holding the views I have in respe lie to prohibition as great moral prlncp
 and believing that it Is the only effecti
 way of handling the liquor question, al
 that it promotes the welfare of all t
 people, I am convinced that I should Il A. contribute to the bringing about of t ! |, ant a a .,o I shall therefore, support the prohi "e ton amendment , Tt may not be a matter of any il iSs portance whether or not l attended . meetings and conferences held in Mol ~ gomery under the leadership of MT D. Smith on the 3ist of January, la ''o but the fact Is that did not.
 IN. D. DENSON ise "Opelika, Ala, March 20, 1918"