The Montgomery advertiser., 1909-11-27
REASONING NOT SOUND.
Greenvf1le Lawyers Give Out Incl
 

REASONING NOT SOUND.
 GreenviIle Lawyers Give Out Thei,
 Opinion.
 Greenville. Nov. 26-(SpecfaT1-I4 M. Lane and D. M. Powell. two of the best known lawyers In this section of the state today gave out the follow ing opinion
 We have carefully examined the opinion of the Attorney General pub lished in today's Advertiser in which he holds that the act of the Legisla- ture of 1885 which exempts volunteer firemen in Barbour county. Troy. Union Springs, Selma. Birmingham. opelika. Taliadega. Gadsden. Hunts ville, Oxford. Anniston, Jacksonville. Broken Arrow, Demopolis and Green vile from payment of poll tax, was rendered null and void by sections IFS and 1s4 of the constitution of 1901
 'while we have great respect for the legal ability of the Attorney Gen. eral we respectfully insist that this opinion cannot be sustained by sound reasoning or legal precedent.
 Tt Is true that under section IFS of the constitution of 1901 no person Is entitled to vote unless he shall have paid on or before the first day of February next. preceding the date of the election at which he offers to vote, all poll taxes due from him for the year 1901 and for each subsequent year. This section. however. must be construed with section 1s4 of the con- stitution in which 1t is stated that the poll taxes mentioned shall be upon each male inhabitant of the state over the age of 21 and under the age of 45 years who would not at the time of the adoption of the constitution be exempt by law.
 Tt will thus be seen that those per- sons who were exempt by law from the payment of poll taxes at the time of the adoption of the constitution, were not required to pay the same in order to be entitled to vote.
 Clearly if, at the time of the adop- ton of the Constitution, there was a law in force relieving the firemen in the cities and places above named from the payment of poll taxes they would by law be exempt. just as much so as township trustees, members of the Alabama National Guard and persons who were permanently dls- abled. No inference can be drawn from any language of the constitution that the framers intended to say that the members of the National Guard.
 
 were permanently disabled should be allowed to vote, without the payment of poll taxes and that volunteer fire men in the places above named should be required to pay such taxes before they were entitled to vote.
 How then can it be said that the provisions Of the Constitution, as set forth in sections IFS and 194. kept in force in the general laws exempting the members of the National Guard, township trustees and persons who were permanently disabled from the payment of poll taxes. and repealed the act exempting volunteer firemen in the places above named from the payment of such taxes.
 'fThe only ground upon which such Q contention can be based is that the act exempting volunteer firemen was repealed by implication by the above sections of the constitution as showing that this could not be the intention oi the framers of the constitution.
 We beg to call attention to the schedule at the end of the constitution of 1901 in which Is the following pro. vision: That all laws in force at the ratification of this constitution and not inconsistent herewith shall remain in full force until altered or repealed by the Legislature. It Is also pro. vided in the schedule that all rights o individuals, not inconsistent with the constitution, should continue to bt valid as if the constitution had not been ratified.
 But the act above referred to is no repealed by implication. It is a wei settled principle of statutory construc tion that the law does not favor repea of statutes by implication. Sutherland on statutory construction. Sec. 13S Smith vs. Speed. 50 Ala. 276; Iversor vs. State, 52 Ala. ITO; Cook vs. Myer 73. Ala 580; Roberts vs. Pippin, 75, Ala 1os: Jackson vs. State. 7s Ala. 2s.
 Tt is also well settled that a gen eral law will not by implication repea a special law unless there is some thing in the general law that makes I manifest mat there was an intention to repeal it. Sutherland on Statutory Construction. Secs. 157 and 15S. 26 Am Eng. Ene-,of Law. 2nd Edition. 749.
 Tt tn yef9re follows that the con structic Eaced by the Attorney Gen eraI upcn Sections IFS and 1s4 of tn, Const.tution in which he holds that tho general statutes in force at the time of the adoption Of the constitution ex' ampting members of the Alabama Ma tional Guard. township trustees ant persons permanently disabled. still re mains in force. and that the act ex empting volunteer hremen from tho payment of the poll taxes was rendered null and void by said sections, is no supported by the language of the con StItution by reason or legal precedent and is manifestly unsound.
 "L M. Lane, D. M. Powell"