The Birmingham age-herald., 1908-04-10

the introduction and every subsequent constitutionally required step in order to effect a valid enactment. The court held here that the term Legislation" in- tended to refer only to an enactment of the law and that the two-thirds vote re- qured should be on the final passage in each house.
 The word Legislation" appears only in two places in the organic law of the state, sections 76 and 246. In the latter reference is made to an enacted law and a familiar rule is that where word or a phrase is repeated in a constitution or a statute unless otherwise expressed it is presumed to mean the same in all in- stances. Therefore. it is held that only one vote was necessary under section 76, and that on final passage.
 Adequately Signed.
 Answering the plea that the bill was not constitutionally signed by the presi- dent of the senate. ''in the presence of the senate,' the court holds that the word in section 66 has reference to an act of sign ing, not to the presence In which the act is done It is also held that since the records of the senate show continuous proceedings on the day the bill was signed the inference is clearly justified that the signing was in the presence of the senate.
 Another charge, and one that made U rather hard for the court, was that Ill both bill and title effort was shown to prohibit and to regulate. violating that provision that prevents two so far dif- ferent acts in the same measure. The all legation was made that the bill did not apply to all counties alike, in that it ex- cepted some and made conditions for them. The court held that while the ex- captions were in a sense q tendency 10 regulation they were such that legisla- ture had a perfect right to make in that it was necessary, facing conditions that existed to get at the end desired by the measure and accomplish the purpose for which the lawmakers were striving.
 What Is Meant.
 As an illustration there IS law that prevents carrying arms concealed, but the probate judge can and is given the power by the same act to make exceptions under certain circumstances. However, this point is the most novel in the entire opin- ion, and bringing up many new questions and forcing the youngest justice on the bench in the south to dig up law from far and near to get at conclusion that met the approval of the court.
 The last charge against the bill was that it was a local law applying not to the whole state alike. In the case of Thomp- son vs. Covington, 146 Ala, it is held that a law is general if in a reasonable time stated in the act all counties come under it's provisions alike. The opinion in this case was adopted, covering this point
 Early Closing Act.
 The o'clock closing law is said to have been very easy A member of the court said: "There was no trouble here at all Tine law is perfectly good and the plea that the title Is not broad enough is not at all sound. The opinion of Judge Semmes of the lower court entirely GOV cred the ground and made it easy for the members of this tribunal
 It was contended that the title in the first sentence provided for regulation of the sale of liquors through the saloon, and that this was not broad enough to reach the business in a legal sense. How ever the court held that the title as whole is such as to take care of the entire