The Birmingham age-herald., 1908-04-10
PROHIBITION BILL
 HELD ID BE VALID Jefferson and Morgan County
 Cases Decided DECISION IS SWEEPING The General Bill, the O'Clock Clos ing Measure and the Local Option
 Laws Are All Declared
 Legal and Valid.
DECISION IS SWEEPING

[ Montgomery. April 9.-(special )-The Alaoatna supreme court today held the general prohibition bill to be valid; all so the o'clock closing law; also the provision of the general prohibition act that enforces prohibition in every county where it had been voted prior to the first day of January, 1908.
 The opinions were written by Mir Justice Ihomas Mcclellan, the youngest man on the bench, and concurred in by Jus lces Denson, Anderson and DowdelI for the prohibition bill, Chief Justice Tyson and Justice Dowdell in the early clos ing act
 The cases came up from Morgan and JeHerson counties, the first being that or M b. Woodward vs. w. p. Skeggs, probate judge, and the other, that of Ben Meyer vs. s. E. Greene probate judge. In each case application was made for license to sell liquor and refused on au- thority of the local option and the gen eral prohibition acts, the two being inter- woven for the purpose of determining the law.
 Thus by the highest court of the state the two main prohibition acts of the last legislature are declared to be valid, as measured by the constitution of the state. and the local option statute, superseded oy the general prohibition bill, upheld in cidentally, though not passed upon per SC.
 It is also a fact that by the holdings of the court every local bill providing a day for the surcease of the sale of liquors prior to the singing of the general pro hibition law is established and in every county where local option elections were held and prohibition thus fixed before De- cember 12, last, such actions are upheld and perpetuated.
 The general prohibition bill goes into ef- feet next January, but applied the first day of January, 1908, in all counties where liquor had been voted out by any sort of election, legal or illegal The early closing law was effective January 1, last.
 By holding that prohibition applies in all counties where voted prior to the enforce ment of the general act all essential features of the local option act were sustained, though that act itself was not passed upon.
 The result is: To make final the fact of prohibition after January l. 1909 to provide that all counties now dry remain so. and that all saloons in cities close at 9 o'clock, in places smaller at 8 and still smaller at T.
 Points Passed Upon.
 The first question raised in the fight on the general prohibition measure was the right to pass Legislation at a special session of the legislature not included in the call therefor made by the governor, save by two-thirds vote, the issue being on the meaning of "two-thirds." It was contended that the term means two-thirds of the elected members. The court holds that in light of section 52 of the consti- tuition the meaning would imply those present and voting.
 It is interesting to take section 76, upon which the ground of objection lay. and section 52. The former says: '"rhere shall be no legislation on subjects other than those mentioned in the proclama ton of the governor calling such session. The other that "a majority of each house shall constitute quorum to do business. The court held that a majority of each house sitting with d constitutional quo rum would be sufficient to meet the re- quirements of section 76
 Only Majority Needed.
 This position is taken when there is no indication that the constitution in- tended to require more than such a pro- portion than is needed to do legal busi- ness Reference is made to sections 125, 173, 2S3 and 2S6 of the constitution, which provide that a named proportion of the entire membership of each house shall favor legislation to insure its passage.
 Another point was argued to the effect that section 76 made it necessary that two-thirds of each house should favor