The Birmingham age-herald., 1918-01-27

ratification of this article the manufac- ture, sale, or transportation of intoxi- eating liquors within, the importation thereof into or the exportation thereof from the United States and all territory subject to the Jurisdiction thereof for beverage purposes. is hereby prohibited
 Sec. 9 The Congress and the several states shall have concurrent power to enforce this article by appropriate leg islation.
 " Sec. 3, This article shall be in- operative unless it shall have been rati- fled as an amendment to the constitu- tion by the legislatures of the several states, as provided in the constitution, within seven years from the date of the submission hereof to the states by the Congress-.
 There are two methods by which state may proceed to take acton on amendments to the federal constitution after they have been submitted to the states by a resolution of Congress. One is by it's legislature, and the other through a legally constituted convention called for that purpose.
 The present legislature of Alabama was elected on November ', lsl4 AL the time of it's election, so far as the pub lie is advised there was no such ac- tion contemplated whereby an amend ment as above set out would be sup mitted for it's consideration According to my view, the present legislature IS not authorized to act upon it, and IT called together and the resolution pre- sented to them, should decline to take any action whatever. This legislature was elected more than three years be- fore this question which would change the fundamental principles of our sys- tenn of government was even contem- plated Regardless of what may be the individual views of the members of the legislature or their preference regarding this resolution to act upon the resolu- tion when another legislature is So soon to be elected, would certainly be an abuse of the authority given to them by their constituency. If the next leg islature should fail to act affrmativeiy' on the resolution, then the succeeding .legislatlre can consider and act upon IL.
 eff the limitation for action by state mon this amendment was within the time before a new legislature was to be elected. there might be some excuse TOT nrecipitate action on the part Of the executive, in order to give Alabama an opnortunity to express its views through it's regularly constituted authorities, and act in reference thereto rms con tineency does not present itself, there
 
 for proper consideration by legislature that was elected prior to the submission of the amendment by Congress.
 of 1t should be determined that the nrasent legislature should pass upon this question it would be necessary for the governor to issue writ or election for one-half of the countles of the state in order that existlns vacancies may be filled. For this req that the aR1- tation of the question, which you pre- sent as reason for your request, would not be avoided.
 You present as another reason why your request should receive favoraple consideration and that is, that we are not at present living in an ordinary aga under ordinary conditions. The mere fact that request such as you have made should for moment De seriously contemplated by number of citizens is sufficient of itself to convince one that these are. indeed, extraordinary times That such method as YOU have conceived, at a time when the world is struggling in the cata- ciysm into which it has been plunged for changing our organic law, IS sui ficient to cast doubt upon our sln- ceritv when we exult on the superior itv of our government. It has been the proud boast, as I have thought, or every American citizen that our sys- tenn is the grandest conception or government that has ever been con ceiyed by the mind of man. Ihat any considerable number of citizens should desire and be ready to change that system makes us tremble as to what may be the future of this great gov ernment.
 .As an inducement that your request may be considered and that your ideas might prevail, you propose to bear the expense of the proposed extraordinary session of the legislature Turn pacK the pages of history and you will lind that it was common practice during the time of the Roman empire to place the legislative and military branches of the government at the behest of the highest bidder What is the diff ference in your proposition and the practice pursued IS centuries agoc Suppose someone had made the propo- sition to the chief executive of your state who had a contrary opinion to yours as to the desirability of adopt ing this amendment and felt reason- ably sure that the present legisla- ture would carry out his views, put doubted favorable action by subse- ouent Legislatures, how would the proposition then have appealed to you"
 q believe that the distrust which
 
 exists in the minds of the citizen ship toward legislative bodies is in duced largely through adopting meth ods such as presented by you. Wher- ever practical the individual citizen should have an opportunity to express his preference and more especially on the makeup of the fundamental law. Yea, justice demands it.
 If it is desired to remove the ques- ton to which your correspondence re- fers from the personnel in the selec- ton of officers in the next election, then I would suggest that steps be taken by you to have the state exec utive committee submit this question to the people and let them say wheth- CT or not the amendment should be ratified or rejected. I would gladly join you in such movement. Yours very truly.
 "CHARLES HENDERSON,