The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1909-10-01
J. D, ACuff of Jasper Raises
Novel Point on Pas
sage of Bill
CONSTITUTION VIOLATED
IN MANNER OF PASSAGE
Says Organic Law Provides That "Pro-
posal" in Separate Houses and
Submission by Legislature
Should Be Separate Acts.


Judge ]. D. Acuff. prominent attorney
at this bar, presents a legal view, which
is worthy Of serious thought and con-
sideration. The sum and substance of this
| view is that the amendment, even if car
ried, cannot prove effective. To your
! correspondent he said:
Il regret very much that a fight like we
have in this state has come up. l regret
to see as many good men as we have
in this state wrought up to the point of
saying hard things about each other. I
believe the advocates of both sides of this
question are honestly and conscientiously
doing what they think is best for the
state; and that there is no occasion for
mud-slingers OF course there may be a
few men on each side who are not acting
from patriotic motives, but 1 think they
are comparatively few.
IT believe in prohibition have always
voted for prohibition. I believe in inforc-
ing prohibition laws and so does every
other thinking man who has the good of
the state at heart Whatever is done
with the amendment we will have all
our prohibition laws just like they are
IL" oAANh tAA1N dAC i0pCdlCu VI
by the legislature and the governor elecC
ed by the people. The adopting or the
failing to adopt the amendment will not
change in the least our present prohibit
tion laws. Whatever be the result we
must stand as a unit for the enforce
ment of our laws.
l believe that the proposed amendment
can never become part of the consti-
tuition, even though it is adopted by the
qualified voters of the state. AS request
ed, l will state my reasons for this be-
lief in as short space as 1 can.
THE supreme court of the state of
Alabama, in the case Of Collier, Gov
ernor Etc. VS.. Frierson, reported in oath
Ala, page 100, used the following Ian
guage:
We entertain no doubt that to change
the constitution by any other mode than
by convention, every requistion which
is demanded by the instrument itself must
be observed, and the omission of any
one is fatal to the amendment We
scarcely deem any argument necessary
to enforce this proposition. The constitu-
ton is the supreme and paramount law
the mode by which amendments are TO
be made under it is clearly defined. 1t
has been said that certain acts are to be
done. certain acquisitions are to be OBJ
served, before a change can be effected.
But to what purpose are these acts re-
quired, are these acquisitions enjoined, IL
the legislature or any other department
of the government can dispense with
them? To do so would be to violate the
instrument which they are sworn to sup
port; and every principle of public law
and sound constitutional policy requires
the courts to pronounce against every
amendment which is shown not to have
been made in accordance with the rules
prescribed by the fundamental law
Practically all the higher courts and
all the text writer's have announced the
same rules as above
The legislature in submitting the pro-
posed amendments failed to follow the
provisions of the constitution of the state
providing for amendments to the con-
stitution. The constitution clearly pro-
vides that to propose an amendment the
proposed amendment must first be sub
mitted to each house. This can be done
by bill or resolution or probably in some
other way. After the proposed amend
ment has been voted on and carried IN
both houses the constitution then pro-
vides that the legislature (Which means
the two houses and the governor) shall
order an election. 1t will be seen by
reading the constitution that the two
IOubeS pTOpOSeu Tie dlncldliltHI anu llldl
the legislature calls orders the cleo
ton. 1t will also be seen by careful read
ing of the section of the constitution
that the legislature has authority to
order election or to introduce q bill
for that purpose until after both houses
have by three-f1fths vote proposed the
amendment or amendments. 1t is there
FORE, required in order to submit an
amendment that there be two separate
- 4. 1
separately, and the second by the legis-
lature as a whole, and there is no au-
thority to take the second step until the
, first step has been taken in both houses.
The section of the constitution that pro-
vides for amending the same referred 10
above is section 284, and can be found
in volume of the code of Alabama, on
pages 1873, 1893, 200 and POI in the left hand
column. This volume Of the code can
be found in any justice of peace's office
in the state or any lawyers office. AS
far as it relates to the question under
discussion, said section is in the follow
ing words
Sec 2S4 Amendments may be pro-
posed to this constitution by the legislsr-
ture in the manner following: The pro-
posed amendments shall be read In the
house in which they originate on three
several days, and, If upon the third
TedulnSl lnree-1ItnS Ol all the IneHlDeTS
elected to that house shall vote in favor
thereof, the proposed amendments shall
be sent to the other house, in which they
shall likewise be read on three several
days, and If upon the third reading three
ffths of all the members elected to that
house shall order an election by the quail
fed electors of t0e state upon such pro-
posed amendments, to be held either ut
the general election next succeeding
the session of the legislature at which
the amendments are proposed or upon an
other day appointed by the legislature,
not less than three months after the
final adjournment of the session of the
Legislature at which the amendments
were proposed"
In proposing the amendments in qiles-
ton one bill was passed including the
amendments proposed and ordering an
election ordered for the purpose of vot-
ing on the proposed amendment. No
other bill on the subject or resolution
was passed. To make this information
clearer. the house in which the amend
ment was first introduced at the time
that the proposed amendment was voted
for by three-fifth vote and in the same
bill took action ordering the election.
After the senate agreed to the proposed
amendments the house took no further
action ordering an election.
The first section of the bill proposes
the amendment, and the second, third
and fourth section provide for the COVER
nor's proclamation and for the holding