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

proposition and means the full legality of the act.
 The essential part of the opinion fol- lows:
 The original purpose, evinced by the title to the original bill was to regulate the sale or giving away of liquors, regulation of the saloon. The saloon, a common parlance, is place where intox- icatng liquors are sold. Ii las other definitions, but the context leaves no room for doubt that its meaning was intended to be as we have stated. More minutely viewed, the original purpose was to reg llate the disposition of intoXicants by subjecting the more common agency thereof-the saloon-to regulation in re- spect to opening and closing, keeping and selling or giving away the defined liquors. The title to the substituted measure re- affirms in the main in it's first sentence, the idea of regulation through the saloon, but the succeeding phrase employs Ian guage sufficiently comprehensive to in clude, for the essential purpose or con veying notice to the members of the legls- lature and to the public well, the reg ulation of the sale or giving away Of splr- ituous vinous or malt liquors through, by or from any agency in the state hold- ing a license to deal in the liquors de- scribed It is apparent from com
  well. that the substitute was but an ex- tension-an expansion-of the original method by which the regulation desired was to be effected; that the greater, enl- braced in the comprehensive second phrase of the title to the substitute. ln- cIudes the lesser, the saloon. That such an extension or expansion did operate a departure from the original purpose as indicated by the title to the original bill,
 
 constitutional requirement. with respect to new blls is a conclusion supported, in principle supported by the following de- cisons Of the court, Stern vs. Leeper, IS Ala 519 ct al.
 Prohibition Opinion.
 On the general prohibition act the fol- lowing excerpts from the opinion are in teresting:
 srhe petitioners therefore. assail both enactments upon grounds of asserted un- constitutionality and these objections Will be stated and the points taken decided III so far as they attack the state prohibi- tion law, emitting entirely consideration of those assigned against the validity of the local option law; for the reason that by section 13 of the former act. If otherwise valid, became effective in MOT gan and Jefferson counties, where elec- tions were held prior to December l2, 1907 on January l. 1908. In denlal or the correctness of this conclusion, counsel Tor the appellants insist that the term elec- tion as used in section 13, contemplates a valid election, under valid, as dls- tingtished from an invalid election result ing in these counties if the local option law is unconstitutional.
 Section 13 Set Forth.
 ITO accord to this provso the con- struction urged by the appellants. 1t IS perfectly evident that the quoted provis- ion must be taken to provide that the state prohibition law should become eff fective on January l. 1908. in those coun- ties where under the local option law the sale of liquors would be legally prohib- ited In other words, that the condition to the going into effect of the state pro- hibition law on January l. 1908, should be that another law mentioned, having