The Birmingham age-herald., 1920-03-17

1t public contempt and indignant but sincere public opposition. But the op- position to the Nolstead act does not mean that there is a sentiment or de- sire on the part of the people of Ala bama to bring the saloon back. That question has been finally settled.
 But between the saloon, with it's un- restricted sale of all forms of intoM- eating bevera ges, and the Nolstead act with it's radical and despotic provisions seeking to define as intoxicants bev- erages which everyone knows. in fact, are not intoxicating-go far beyond the scope of the eighteenth amendment itself-I believe there Is rational middle ground.
 The supreme court of the United States in construing the prohibition act. has decided that congress can de- fine what percentage of alcohol con stitutes an intoxicating liquor. Ine same rule evidently applies to the Nol- |stead enforcement act. congress 'ne. fore can place a liberal construetioi upon the question of what constltu'e an intoxicating beverage sue.
 would permit the manufacture and safe of beer and light wines. and still mann tain the spirit of the prohibition amendment That such a constructor would solve the problem which has now grown acute, which has become pa sis of widespread unrest and dissatls faction. and vet not violate the spirit ana purpose of the eighteenth amend ment.
 I therefore pledge the people or Ala bama, if nominated and elected. to au- vocate such a modification or the or stead law as to permit the manufac- raRulaJtOns and not in saloons or bar rooms. Of all beverages that are not in fact intoxi- cating-beer and light wines
 In defining as intoxicating all beverages that contain as much as IF of Il per cent alcohol. the Volstead act simply defies both established facts, common sense and ordinary experience Yielding to the extremists of the Anu-Saioon League, even Congress cannot make what is non-intoxicating intoxicating py lls autocratic declaration. It has. been truly said that even a prohibition enforcement law should not lie. In yielding to the extremists of the Anti-Saloon League Congress has made unlawful the harmless habits of millions in the use of beer and light wines. It Is giving the nfteentf amendment a construction and meaning which is both false and vicious, ahc which public sentiment refuses to sustain It has manufactured a code of technica violations which even st the men Of the very soberest lives can but regard a; unjust, offensive, petty and tyrannical.
 Representative Igoe of Missouri mad' a catalogue of these in a speech de liyered in the House the other day. me Volstead act brands as criminals mi lions of citizens in every walk or i1s whose only crime consists in following the customs and practices of lifetime To carry a drink out of your home ano your own legal store: to give another person a drink, save in your house; tt have in your possession any recipe oi material for the brewing of strong oi malt iouors; for housekeeper to make after the 17th of January, 1920, any drins that contains more than # of per cen of alcohol; for anyone to give another z drink except in his own home; for any one to buy drink for anyone who has intoxicating beverages anywhere save in his home and who has not reported
 it to the commissioner: for all or these dire offenses punishment is provided by the Volstead law.
 If the millions who have violated thls law were punished. bond issues similar to those issued during the world war, tc provide the necessary jails would be re- auired And as if inspired with the sole purpose of making the law. as well as th' amendment odious to the people, it is be- ing enforced in a narrow. turannical ant prosecuting spirit. and men are being ar rested and punished whose only offens' consists in carrying half-pint flask 1T the hip pocket
 It is provided in the act that injunc tions may issue against any liquor seller and that subsequent sales may be pun ished as if for contempt. While I do no orestion the constitutionality of that pro vision, yet to create such procedure am enforce a public law. made in the exer else of the police power for the proven tion of an alleged offense against the pub lie morals, health and safety. no privat interest or property rights being there by protected, is a gross and ineXcusabl subversion of the right of trial by jury The merits or demerts of the policy o national prohibition have nothing to d. with the question. Even though 1t b, conceded that the public welfare demand! the absolute suppression of the liquo traffic, it. can. no more. justify the in vasion of the sacred right of trial b, Jury than the fact that men must be pro tected against murder justifes lynch law Is injunction and summary trial to b substituted for the constitntiarai nrnre dure of trial by jury? There Is but on' answer; either that courts of equity b charged with the enforcement of all crim iral laws and the same procedure adopt ed in all cases, or, that the offense o illegally selling intoxicating liquors | one of such peculiar enormity that tn accused must be denied the right of tria by jury, while 1t is accorded to sucl minor offenses as murder rape and Urea son. It has been truly said that if tn rights which the heroism of the past wo, for us are to be retained it must b written rot only on parchment. but in tn hearts of the people. 1t must be main tained not only in letter, but in spiri That the trial of all crimes shall be b, jury"
 But 1t will be claimed that the ques ton of national prohibition has beel finally settled.
 While 1t Is true that the eighteenth amendment is part of the Constitution and any effort to secure it's repeal woul now be futile, yet it's construction and en forcement is a political issue that over shadows all others. It is the prlncipa subject of discussion in the press an, in private conversation. As long as Con gross has the power to define what per