The Montgomery advertiser., 1908-09-02
STATE FIX REL MEYER. V. GREENE
 JUDGE OF PROBATE. AMI

ed April g, l90S-46. South. 26S.) l 1. Statutes; prohibition law; con struction; election; words and phrasas-- | Under Section 13 of the State prohibi- I tion law the word. election" means an l expression of the will of the majority. without reference to whether the elect l ion Is valid of not. and the constitu- tionality of the local option law is im- | material. under such section. in detarm- ming when the prohibition law would l go into effect.
 g. Constitutional law; State Consti- I tuition a limitation and not grant The State Constitution is not a grant | of power to the Legislature. but q lim- | ltation upon its powers.
 g. Same: effest-The mandates of the State Constitution are supreme and binding on the legislative. executive and judicial departments of the State Government.
 4. Same: statutes: Judicial authority --If an act contravenes no provision of 1 the organic law. the Judiciary is with | out power to review and determine the wisdom and propriety of Legislative en- actments, that being peculiarly and ex- ciusively within the right of the legis- lative department.
 $. Same; presumption of validity; burden-Every legislative enactment is presumed to be constitutional and valid and the burden is on him who asserts the contrary to show the same by proof beyond reasonable doupt.
 6, Same: construction of constitu- tional provisions; house -- The word. s'house," is used in the construction in varying senses and refers to three en- titles: the place of legislative session. the total elected membership of the one or other branch of that department. and 1 the body, whether upper or lower. as legally constituted to perform the leg islative functions.
 [. Statute; enactment; special ses- sion: necessary vote-Under Sections 62 and 76 and Sections 125, 173. 2S4 and 2se, a two-thirds majority of quorum l of each house is sufficient to enact leg | islation at a special session, on sub | iects not designated in the prociama- ton calling the extra session. 8. Same; necessary vote on preiim- l mary matters--A two-thirds vote of each house is not necessary on prelim- 1 mary matters. such as the introduction of bills, etc, looking to legislation and subjects not mentioned in the proclaim ation, but Is necessary only on the final enactment of such legislation- 5. Constitutional law: eonstructioni meaning of words repeated--Where the I l,s snnlng of a word or phrase used in | |. Constitution or a statute is definite anu clear In one instance, and is re- peated in another place where 1t is sus> | ceptible of two meanings. it will be presumed to have been employed in the same sense as in the first instance. TO- Statutes; enactment; journal; constitutional provision-Under Sec. | ton 66. Constitution 1901. the fact that I the signing was in the presence of the House need not be entered on the jour- nal: all that Is necessary is that the | mere act of signing be shown, as the | Journal is the official narrative of the proceedings of the respective, houses, ana the existence of journal implies 1 the presence of a properly organized | house.
 II. Same; signing in presence of | House: construction of the record-The | reouirements of Section 66, Constitu- ton 1901, are fully met where the l journal records a continuous session of | a legally authorized house covering proceedings both before and after the signing of bill in question. and shows | the dispensing by a necessary vote of the reading at length of certain enum> erated bills. among which was the one in question.
 12. Same; effect of singular form: "said bill"; use of period-The journal entry recites the reading and signing | of certain House Bills. the title ot | which are set out in the foregoing mes sage from the House. The reading ot said bill having been dispensed with | by a two-thirds vote, etc." Held. the uss of the singular instead of the plural form, modified by the word. said. . shows that no particular bill mentioned therein had it's reading dispensed with but refers to all the House bills men,
 tioned, and the error. if any. is self correcting, when the phrase is consid' cred as a whole, for the period after ths | word, House" will not be permitted to | separate the subsequent phrase from its | relation to the subject matter to which l 1t obviously refers.
 13. Same: title of act: constitution | al requirement.; suff1ciency; exceptions The act commonly known and called
 the State Prohibition Law. Is not vio- lative of Section 45. Constitution 1901
 as the only subject of the act is the
 prohibition of prescribed dealings with certain liquors and beverages, witt
 certain exceptions which reduce the eff
 feet of the statute but does not add
 thereto.
 14 Same; one subject-The general
 prohibition act is not unconstitutiona
 on the grounds that the exceptionn ere
 ated by the act provide methods where
 by those exceptions may be availed ot
 without violating the major purposes ol
 the act. nor because 1t contains the sub.
 Ject of regulation as well as the Suh.
 1ect of prohibition of dealings in in-
 toxicants mentioned in the title, since
 in a sense. regulator is accomplished by
 the act but 1t Is only a method hy
 which the universal prohibition con.
 tained in the act is bereft of its penal.
 iZing qualities to those who comply
 herewith.
 15. Same; local law; State prohibit.
 lon law-The State prohibition law Is g
 general and not. local law. although
 it becomes operative in certain coun.
 ties in the State at one date, and in
 others on a different date.
 16 Intoxicating liquors: State pro.
 htbition law; validity: police power
 Under the police power of the Constitu.
 tion the Legislature has the right te
 prohibit dealings in intoxicating Il. l Guors.
 First case, appealed from Blrming.
 ham City Court.
 Heard before Hon. Charles A Senn.
 Second case. appealed from Morgan Circuit Court.
 Heard before Hon. D. W. Speake
 Affirmed. Opinion by Mcclellan, J. Dowdell, Anderson and Denson, J I
 concur.
 CRABTREE V. ALABAMA STATE
 LAND COMPANY.
 Bill to Juiet Title. (Decided April 16
 1908. 46 South 450.)
 nV14a