The Birmingham age-herald., 1907-11-29

counties. even though at the time of the passage of the act there may be only single city or county within the deslgnat- ed class. The reasoning of those cases also proves that the act Is not made local by section :, which provides against the repeal of prohibition laws.
 The title of the Local Option Law is broad enough to include all it's provisions which are cognate and germane to the one general subject embraced in the title.
 Of fcourse. the legislature has full power to regulate, restrain or entirely prohibit the liquor traffic and this power has been so often upheld by the decisions of the state and federal courts that 1t Is no longer open to question. and will probably not be questioned In any quarter.
 Upon the whole 1t is my opinion that the local opeion act, amended, Is valid and constitutional, and in my opinion, it was valid and constitutional prior to the amendment; at least, no point or suggestion against it's validity has thus far been brought to my notice that would lead me to doubt it's con- stitutionality
 ?. Replying to your second and third questions. | quote two paragraphs from 10 Am and Eng. Enc. law, S17, viz:
 ''The power to hold elections is a political one. and court of equity has no jurisdiction to ehjoin the proper officer from holding an election. An injunction issued in such q case is void. and gives no ground TOT attach ment for contempt
 "A court of equity will not interfere by an injunction to prevent the cleo ton or canvassing officers from doing their duty as required by the law, nor prevent them from canvassing the votes in a certain way
  Furthermore section 1871 Of the Code of Alabama Is as follows
 "No jurisdiction exists in or shall be exercised by any chancellor, chancery couyt or any ofhcer exercising chan cery powers to entertain any cause or proceeding for ascertaining the legal itv conduct or results of any election except so far as auth oriZed to do so shall be specially and specihcaily enuner ted and set down by statute and any injunction, process order or decree from any chancellor, chancery court or officer In the exercise of chan ccrv movers whereby the results Of an election arc sought to be inquired 1nto, 1 questioned or affected or whereby any certificate of election Is sought to be inquired into. or questioned, save as may be specifically and specially enumerated and set down by statute ! shall be null and void, and shall not
  hv any person: and shotll any chan i celIor or other officer hereafter un- ] dertake to fine or otherwise deal with any person for disobeying any such prohibited injunction, process, order or 1 decree such attempt shall be null ana void. and an appeal shall lie forthwith therefr.m to the supreme court theh aittine or next to sit, without bond. and such proceedings shall be sus- l nended by force of such appeal; and /, inc notice of such appeal shall be hve l days"
 l Since no statute has specially author ] ,zed the intervention by injunction or | any chancellor. chancery court, or or l 6cer exercising chancery powers, to | restrain the holding of such an election as has been ordered in Walker county or to restrain declaration of the re- | suit of such an election, l answer both l vour second and third questions In the l negative; and if writ of Injunction ] should be improvidently issued or or l dered undertaking to restrain the eieo- 1 ton or a declaration of the result, i' would be the plain duty Of all oihcerS l required to hold the election pr to 1 canvass the returns, to obey the statu'e | and disregard tAe writ. n,, l AS said by the-supreme court oi m m. nois in Walton vs. Develing. 6l HI. POI; l where the law plainly requires a'' | officer to perform a dH' an" ne i' not exceeding or sbusi
 1 but fairly coming within
 | a court issues a writ t'
 l from it's performance,
 charge his duty as pres law. III