The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1909-01-03

attempted alternatives in sections and
5 of said bill were entered at length upon
the journal of the house OF representatives
said house bill No. was voted upon by
said house of representatives with some
alterations, but what alterations COM
painant is unable to state and not in its
original condition. That neither, nor both
of said subdivisions or frames OF words
and figures commenting Section IT, as
hereinabove set forth was ever adopted
by said house of representatives consti-
tutionally or otherwise, as and for an
amendment or addition to said bill or
as and for the twelfth or any other seq
ton thereof.
Regarding Local Acts.
That said purported enactment, as COM
painant Is informed and believes, and
upon such information and belief al
leges, provides that the same shall not
operate to repeal any of the local or spe-
cial acts of the legislature or general as
sembly of Alabama prohibiting the sale
or other disposition of any of the IL
quors mentioned in said purported enact
ment, but that such acts shall continue
in force and effect in concurrence with
said purported enactment, and that in
OlCIfnentS OF prosecutions may Dc ndu uH-
der either; that there are a number of
such local acts which are repugnant to
and inconsistent with the provisions of
said purported enactment; which privide
peanlties for violations thereof different
from the penalties provided for violations
of said purported enactment; the penal
ties in some cases being greater and in
orthers less; that complainant AYERS that
said local and special acts, If in reference
To ho M c1Ihj nj or n
the same subject matters and offenses.
and being repugnant to the provisions Of
said purported enactment both cannot
exist at the same time and place: that
therefore the legislature In attempting to
adopt the said purported enactment 1T
tempted to do an impossible thing; and
that said purported enactment, insofar
as the same Is covered by other acts Is
meaningless and of no effect.
In Senate and House.
On information and belief that not
withstanding the facts just recited in ref
erence to said duplicate numbered sub
divisions and the said vote in reference
thereto said bill was engrossed and con-
sidered by and acted upon In the senate
with two duplicate numbered subdivisions
both designated or numbered alike and
with the word "Or" between them as
parts of and embraced In the frame of
said bill. And Notwithstanding that
neither nor both said duplicate numbered
subdivisions, which may or may have
not been the same duplicate numbered
subdivisions which appear upon the jour-
nal of said house of representatives had
been adopted into said bill as an amend
ment thereof or addition thereto a pro-
posed amendment to the first of said
duplicate numbered subdivisions in said
bill as before the senate was attempted
to be and purports to have been made
and adopted by and in the senate but
which said proposed amendment, notwith-
standing the provisions of said section Ga,
was not entered at length upon the jour
nal Of said senate. That In addition
thereto a further proposed amendment
was attempted to be, and purports to
have been, made and adopted in and by
the senate and which purports to strike
| out the word "Or" between said dupli-
| cate numbered subdivisions IL indeed Il
! purports anything whatsoever and which
/, proposed amendment was, notwithstand-
| ing the provisions of said section g.
not entered at length in the journal of
! the senate.
| That in and by the last mentioned pro-
| posed or attempted amendment an at
tempt was made to strike out what is
referred to as "the second section num-
bered IL" and which may or may not
|
| licate numbered subdivisions as they ap-
pear upon the journal of said house or
| as they appeared in the frame of said
! bill as considered by the senate, but
| that said amendment proposed or at
tempted was not set out at length upon or
in the senate journal. That notwith-
| standing the provisions of said section 64
a proposed amendment to section l OF
| said bill was attempted to be and pur-
|
in the senate, but said amendment was
not entered at length in or upon the jour-
nal of the senate. That no other amend
ments to, in connection with, in relation
| to, or in any manner whatsoever con-
cernfng, sections 1, g. and the section
tenth in order of said bill were adopted
or attempted to be adopted by either the
house of representatives or the senate
after the attempted amendments or prop
ositions aforesaid had been voted upon
That no other amendments were adopted
or attempted to be adopted either by the
house of representatives or the senate In
in relation to, in respect of, or In con.
nection with the wording of either Oh
both of said duplicate numbered sub
divisions or in reference to said word "or'
after the attempted action of the senate
above referred to and which purports t.
have been in that respect That said bill
as voted upon and as 1t purports tt
have been passed by the senate was mo-
in fact the same bill as previously passed
or attempted to be passed by the house
of representatives. nor was 1t the same
bill as amended by said house. nor wa.
said bill as amended or otherwise evel
passed by the house of representatives
nor was said bill as amended or other
wise ever passed by the senate. Tha
said bill as enrolled and as signed by
the governor and as 1t appears as sale
purported enactment among said enrolled
acts contains section designated ant
numbered as the twelfth section thereo
which contains the Identical wording ant
frame of words of the first of said dup
licate numbered subdivisions herein
above set forth, together with the add
ton at the end thereof of the words II
ordinary social intercourse" That thu
matter and words embraced and containet
In said twelfth section of said enrolled
bill of said purported enactment wal