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

| zens OF Alabama, has maintained and es-
tapllshed various agencies in most of the
principal cities and towns thereof; has
expended thousands of dollars annually
and great effort and care in advertising
and making known to the people of Ala
bama and particularly to the citizens OF
the county of Montgomery, and of all of
the other most populous counties of said
state the merits, quality and excellence
of its said product; that by reason of
said expenditure of money and effort, and
by reason of the superior excellence of Its
said product. and by reason of the award
to complainant of many prizes and prem
| fums by expositions and the like. which
awards became known to the public l tie
! state of Alabama and elsewhere, COM
plainants said product soon became ana
has for more than IS years been well and
! favorably known to and largely used by
the citizens of the state of Alabama and
particularly the citizens of Montgomery
county, and of the other more populous
counties of said state
$4,000 Barrels Year.
That for many years complainant sold
to purchasers within the state of Alabama
and particularly within the counties e
/ ferred to large quantities of its beer,
! amounting within recent years to the ex-
/ tent of viz, over $4,000 barrels per annum,
f
therefrom. That by reason of the prem
ises and of the manner in which the BUSH
ness of complainant in the sale of It's
product to the citizens of the state of
Alabama a large and valuable good will,
the value of which cannot be exactly es-
timated, but which is worth, viz, at least
the sum of 100000 That complainant
has for many years, as aforesaid, main
tanned and now maintains many, various
Of
its product within the state of Alabama,
although said agencies are now temporar-
lily rendered imperative as will herein APP
pear. That in the conduct of Its business
as aforesaid complainants' beer has been
almost entirely sold, not directly to the
consumer, but to wholesalers and retail
ers by whom it was disposed of to the
public That so much was this the case
that complainants business in disposing
of its product in Alabama was and has
beer practically dependent upon the con-
tinuation in business of such wholesalers
and retailers. That at all times herein
mentioned, in carrying on its business as
aforesaid complainant has observed such
lawful rules and regulations and complied
with such statutes of the state of Ala
bama and of the United States as were
applicable.
Act of Legislature.
z. 1ndl upon pages Il ct seq. VI INC
printed volume entitled General Laws
(and Joint Resolstions) of the Legisla-
ture of Alabama PASSED at the special
session of 1907" psrporting to be published
by authority of the state of Alabama and
it,. accordance with law is a purported
enactment entitled IAN act to prohibit
the manufacture, sale, barter, exchange,
giving away 10 induce trade, the furnish
ing at public places or otherwise dispos-
> ir,uy af oil crniri
or malt liquors, intoxicating bitters or
beverages, or other liquors or beverages
by whatsoever name called which if drunk
to excess will produce intoxicatlon, eX-
cept the sale of alcohol in certain cases
upon certain conditions, and except the
sale of wines for sacramental purposes,
and which said purported enactment like
wise appears in the volume of enrolled
acts of said special session now on file
with the secretary of state, and copy of
which ready here in court to be pro-
duced.
8. That complainant Is advised by coun-
sci and by such advice AYERS that said
purported enactment in its substance and
terms purports, and If a valid enactment,
would entirely prohibit and prevent under
certain heavy penalties in said purported
enactment set forth the sale, barter, ex-
change giving away to induce trade, the
furnishing at public places or otherwise
disposing of any beers or other malt Ii
quors or beverages by whatsoever name
called which If drunk to excess will pro-
duce intoxication subject to the excep-
tons in said purported enactment, and
that said purported enactment purpofts
to. and if valid would entirely prohibit
and prevent the lawful sale of complain
ant beer by retailers within the state of
Alabama and would entirely prevent and
prohibit the sale or other disposition OF
the same to such an extent as to prac-
tically if not entirely render 1t impos-
sible for complainant to do business as
heretofore with its customers in Alabama.
4. That notwithstanding the presence of
said purported enactment in said printed
volume and its presence among said en-
rolled acts complainant is advised by
counsel and upon such advise AYERS that
in fact and in truth sair purported en-
actment Is not now and never has been
a law of the state of Alabama nor en-
titled to recognition as law, and that said
purported enactment is totally and utterly
void and of no effect and each and every
part and portion thereof.
How Amendments Were Made.
5. On information and belief that said
purported enactment appears to have been
and was introduced before and considered
by the legislature of Alabama at the
special session thereof held in 1907 under
the designation, in its then condition, of
House Bill No. u together with viz, the
same title which said purported enact
ment now bears. That in its considera-
ton by and before the house of represen-
tatives of said legislature during said
special session said house bill No. Z was
amended by striking therefrom, among
other words and matter, the words and
figures Section No. TO-" That said words
| and figures were never afterwards in
serted or attempted to be inserted in said
bill by any amendment by said house Of
representatives or by the senate, or other
branch of said legislature, but that said
bill as enrolled and as signed by the gov
ernor and as the same appears as said
purported enactment among said enrolled
acts contains the Identical words and
! figures Section No. 10 SO stricken out
as aforesaid. That Notwithstanding the
provisions of Section No. As of the con-
stitution of Alabama, 1901, said bill and
| said purported enactment does not con-
! tain by authorization of either Of said
houses any designation by number OF the
section thereof positioned in the frame of
! it's words between the sections numbered
| or designed as the ninth and eleventh
| thereof. That Notwithstanding the pro-
| visions of section GA of said constitution a
| proposed amendment to section OF said
1 .<,-4c