The Birmingham age-herald., 1921-07-29

Under the weakley law possession of liquor Is prima facie evidence of crime and under an Alabama su- preme court decision such liquor can be introduced in evidence even though seized illegally.
 Governor O'NeaI points out
 that this law which conflicts
 with the yoixtead act was
 signed by Governor kiiby and he
 construcs Governor kilby's ac-
 ton in the Austin case as an
 assurance that he will rccom-
 mend to the next legislature the
 "repcaI of the Weakley law.
 whose harsh, unjust md cruel
 provisions disgrace our statute
 Governor ONeal's statement is as follows:
 The Statement
 Tn his published letter assigning his reasons for removal from office of MT. Conrad ". Austin, and certain members of his force, Gov. Thomas F. Kilby seems to assume that search of the homes of the people of Ala bama Is only authorized when pro hibited liquors are manufactured or kept for sale therein. The Volstcad law does exempt the home from search for intoxicating beverages un- less they are kept, not for personal use, but Illegal sale or traffic. Such should be the law in Alabama, aud in every other state where the home Is to be protected from invasion and where any degree of personal liberty is to be preserved.
 "Unfortunately the wise provisions of the volstead law do not prevail in Alabama. We are governed by the Weakley prohibition act. which went into effect on the 25th day of Jan uary, 1919, and which was approved by Gov. Thomas E. Kilby.
 Under the very harsh, cruel and radical provisions of that law, it is made unlawful for any person in Ala bama to have in his possession, or to possess, or to keep in his home or elsewhere, any kind of liquor. even including cereal beverages, for per sonal use. The only exception in the statute is five gallons of wine grown by the person making the same for domestic use. By the provisions oi the bill, any person having in his possession, at his home or any other place, prohibited liquors, is made guilty of a fnisdemeanor. punishable by fine and imprisonment.
 Alcohol Allowed
 Even liquors or wines prescribed for medicinal use do not exempt the owner of the household from a vio- lation of the Weakley law, for only pure grain alcohol can be prescribe. in this state for medicinal use. The Legislature was not willing to allow the experienced and learned physl- elan to exercise his owp Judgment al to the character of liquor he thought proper to prescribe. He is forced by pure grain alcohol and whisky brandy. wine, gin or beer. under our odious statute, can never be pres- scribed, whatever may be the opinion of the physician. A more inexcus- able, fragrant and arbitrary invasion by legislative body of&the rights and duties of the medical profession was never before undertaken in any state of the union.
 This law then which Gov. Thomas F.. Kilby approved, makes every person in Alabama, whether cit izen, non-resident or foreigner, wht keeps in his home. or has in his possession, any whisky. brandy, gir. beer or wine, or even cereal bev' craze, for private consumption guilty of a misdemeanor and subjeci to fine and Imprisonment at har( labor. I am sure that. if Governor Kilby had understood how cruel, op pressive and odious were the pro, visions of this law, he never woult have affixed his signature of ap proyal. Yet such is the law and ever as declared by our supreme court. il prohibited liquors are found in thu home, or in the possession of any person, whether found by searcE warrant or not, the prohibited liqrol can be offered in evidence as prins facie proof of guilt.
 Conflict In Decisions It is true that under a similar com stitutional provision against unlaw- ful search and seizure by the federal constitution, the supreme court of the United States has declared that liquor found in the home of a citizen. with out legal search and seizure. can not on objection of the owner. be of tered as evidence of guilt, but on the contrary on timely motion, the liquor must be ordered returned to the owner.
 "The Alabama supreme court has declared on the contrary. not with standing this just and wise decision lthat evidence obtained of the posses sion by any person of prohibited liquors, whether in the home or else where by a search warrant, whether legal or otherwise, is evidence anc can be used for conviction. Hence il follows that in Alabama without any warrant authorized by law, if an of l ficer enters and searches the homo | and finds prohibited liquors, the own