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

does not become effective all ostr the state at the same time, the disyensary counties being exempted for number of months, might be applied as well to the prohibition bill just passed, since it is effective in those counties which have already voted on the first of 1908, but not effective in other counties until year later Here is the letter requesting the opinion, followed by Judge Weakleys re- ply:
 Request For Opinion.
 Jasper, Ala, November 26, 1907. Hon. Samuel D. Weakley, Birmingham,
 Ala.
 Dear Judge-The probate judge of Walker county. upon application of more than one-fourth of the qualified voters thereof, has entered an order for an elec tion to be held therein on December g, next. to determine whether intoxicating liquors, drinks or beverages. may be sold or otherwise disposed of in said county after December 31, 1901 as provided by an act of the legislature of Alabama, ap- proved February 26, 1907. general acts 1907, page 2OO amended by an act (gen- eral acts 1907 page 626) approved August :, 1907.
 It having been suggested that the get under which said election was ordered is unconstitutional, and that some per- son. or persons will in the name of them selves or one of the towns of said coun- ty, attempt to enjoln the holding of said election, or the declaration of the re- suit of the same, I respectfully request your opinion on the following proposi- tions:
 1. Is the said act of February 26, 1907
 as amended by the act of August !, 1907, ! constitutional and valid?
 1 2 Has any person. firm, corporation, ] town or city, the right or authority to l enjoin the holding of said election or the declaration of the result thereof? | 3. Has any court the right or authority | to issue a writ of injunction enioining the holding of said election or the declara- ton of the result of tAe same? Yours very truly,
 WILLIAM C. DAVIS i Chairman, Walker County Prohibition Campaign Committee.
 Judge WeakIey's Opinion. November 2S, 1907. | Hon. w. C. Davis Chairman, Jasper | Ala.
 Dear Slr:-I have received your letter | of November 26, 1907, in which you pro- pound to me three questions, as follows. l. Is the act of the legislature of Ala | bama known as the Local Option Law, approved February 26, 1907. as amended i by the act of August [ 1907, constitu- | tonal and valid?
 ?. Has any person. firm or corporation, town or city, the right or authority to restrain the holding of an election in
 Walker county, which has been duly or dered under said act for December g., |, 1897. or the declaration of the result ] thereof?
 g. Has any court the right or authority to issue a writ of injunction to restrain the holding of said election or the decla- ration of the result thereof? First. In reply to your first question, | have to say: The suggestion has been
 made by some persons, that the Local ] Option Act may be unconstitutional, be- cause it's operation in certain dlspensary | counties was postponed for two years the point being, that this makes the act a local one, of which notice was not given
 Section no of the constitution of..l90l defines a general law to be- law which applies to the whole state; and il is my opinion that the act under considera- ton comes within that definition. The act as amended, applied, during the present year. to all prohibition coun- ties except those in which or for which q dispensary was established or ! authorized to be established, un- der the provisions of some act of the legislature passed at the regular session of 1907, and authorized elections in such dispensary counties after two years. The exact question then is, whether 1t is necessary, to constitute a statute | general law, that it be made applicabl ; and effective at the same time i'll every county in which it way operate. This question Is set at rest i by the decision of the Supreme court of Alabama, in the case of state ex rel. Covlngton vs Thompson, l42 Ala. 9S, wherein the court held. that a law which is general in terms and is in good faith so framed that all parts of the state to whose conditions it is applicable may be included within the circle of its operation, is a general law, although 1t is not effective in all places at the same time; and the court therein cited with approval the case of People vs. Henshaw 76 Cal i36, wherein it was held that an act relating to police courts in cities of certain population, was of uniform operation, although the statute took effect in one city at one l time, and in another at another time. The Thompson case, above cited, as l well as the case of Griffin vs. Drennen, 1i5 Ala 128 esta blish the doctrine in this
 state. that under the constitution of 1901, | a statute may be a general law. although | applicable 10 only class of cities or