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

house of the legislature nor was the mat
ter and substance or the frame of words
of said enrolled bill without the matter
and words of said twelfth gection ever
adopted or passed by either house of
said legislature; and that said enrolled
bill or purported enactment as it now
appears and as signed by the governor
was never adopted, passed or authorized
by the legislature or by either house
thereof, either with or without the mat
| ter which now purports to be the twelfth
section thereof
Not Entered Upon journal.
That on information and belief notwith-
standing the provisions Of said section GA
said bill was attempted to be amended
both in the house of representatives and
in the senate by single vote upon a
plurality of proposed alterations or
changes in its frame. That notwithstand-
ing the provisions of said section GA the
names of those voting for and against
each amendment which purports to have
been adopted were not entered at length
upon the journal of the house in which
the same purports to have been adopted
with respect to such proposed amend
ment. That notwithstanding the provis-
in the wording and frame of said bill
which changes were substantial and which
changes were not voted upon nor adopt
ed singly nor in accordance with the pro-
visions of said section GA. That in and
by the journal of the house o. repre-
sentatives of said special session and in
and by the journal of the senate of said
special session it appears that said house
bill No. was in some manner or form
altered and its frame of words changed,
but it does not appear precisely or even
approximately from said journals or from
any other competent evidence what said
, alterations were. That said purported en-
actment is subjected to many other and
different objections, all of which COM
| plainant is ready in court to show under
the averments of this bill.
Who Are Defendants.
6. That said Philip II. Stern who Is an
attorney at law practicing in thu city
Of Montgomery and well known to the
citizens thereof and of the county OF
Montgomery has recently been duly ap-
pointed solicitor of said county to take
office as such and to exercise the func-
lions and discharge the duties of said Of
fee on and after January l, 1909, until
the election and qualification of his sue
cessor. That during his incumbency of
said office it will be the duty of said
| Stern, as complainant is advised by
counsel and by such advice AYERS, among
other things to attend upon the grand
| juries of the county of Montgomery, to
advise them in relation of matters of
| law. and to swear witnesses before them;
! to draw up and prepare indictments and
| to prosecute all indictable offenses; aud to
| perform such other duties as are or may
be required by law; and that as such So
| licitor said Stern will be entrusted with
| the prosecution of violations of penal
statutes of the state Of Alabama origi-
mating in Montgomery county. That the
defendant, Horace Hood, is the duly APP
| pointed and acting sheriff of the county
| of Montgomery and as such is entitled
| to exercise the functions and discharge
! the duty of the office of sheriff for said
| county until the election and qualification
Of his successor.
| 7. That the defendant Alexander M. Gar
| Der is the duly elected and qualified ct
| torney general Of the state of Alabama
| and as such entitled to exercise all Of
| the functions and perform the duties OF
| such office. That complainant Is ad.
| vised by counsel and upon such advice
! AYERS that among the duties of such Of
flee ere the following: That the at
torney general must under certain con
| ditions advise the several departments
| of the state government as to matters OF
1
| Of the state to all criminal cases pend
| ing in he supreme court of Alabama; thai
| he shall attend to all civil causes pend
ing in the courts of Montgomery county
in which the state may in any man
ner be concerned; and in certain Other
cases to apear on behalf Of the state n
the courts of the United States; and 1.
generally charged with the enforcement
| of the criminal statues of the state.
s. On information and belief, that sait
! CARRIER. with actual or constructive no
tice of the invalidity of said pnrported
enactment and we'll knowing the dam
age which would result to conlplainan
has threatened and still threatens under
color of his office as such attorney gen
eral of the state of Alabama to do ana
perform any and all acts which 1t would
be his duty to do and perform in the en-
forcement of said purported enactment 4
the same were in truth and In fact
law of the state of Alabama and by ex
preston of opinion and otherwise hal
caused many to believe that said pur
ported enactment is valid and effective
Offered License Fee.
g. On information and belief that In &C
cordance with the laws made and pro
vided in the premises complainant did OF
January l. 1909, the day exclusively ap
pointed for the purpose in and by section
j65z or the CODE OF AldDafna coiliP
duly rendered and left with and in pos
session of the duly authorized ana act
ing secretary Of state of the state OF Ala
hama Frank N. Julian. tho fes OF $40 re
quired to be paid by said section 1862
but that said secretary of state failed AM
refused and still falls and refuses q
issue to complainant the permit provide'
70 he issued by that and other related sec
| irons RI said code. That together will
said $40, which was in lawful money o
the United States. complainant filed
written demand signed by it's attorney
for the issuance of such permit.
10. That the defendant Hood, as com
pIainant, is informed and believes, ant
upon such information and belief AYERS
has threatened and proposed and still
threatens and proposes to attempt to en-
force said purported enactment unde
color of and by means Of the machiner,
! of his office OF sheriff. to arrest and de