The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1911-02-01
Supreme Court AfRrms Recent
Seizures and Injunctions
By State Authorities
AROSE IN BIRMINGHAM
BEFORE CHRISTMAS
Is Death Blow to the Men Who Have
Been Trying to Find Flaws In
the Drastic Anti-LiquOr
Provisions
BY BERRyMAN G. BETTY

Montgomery, January 31.-(Special)-
Enemies of the Carmichael and Fuller
prohibition acts of the last legislature
were given death blow today, when
an opinion rendered by Mr.. Associate
Justice Mayfleld of the supreme court held
both of the acts to be operative. Appeal
was taken from the decision of the Bir-
mingham city court in re the case of
1.-THE State of Alabama VS.. F. L. Fulton,
ct all The effect of Judge Mayfield' s
decision is to uphold the opinion of the
lower court.
The opinion is of especial interest owing
to the Intervention of the state in the
liquor melee of Birmingham some time
before Christmas. The original bill in
the case was filed by the state on the
relation of the attorney general, at that
time Col. Alexander M. CARRIER, to abate
and enjoin the liquor nuisance in accord
ance with provisions of the Carmichael
and Fuller acts. The bill also prayed
for writ of seizure to issue as for the
goods and chattels alleged to be used in
connection with the alleged nuisance. Fol-
lowing upon this, temporary seizure and
H
Thereupon the respondents iaterposed
demurrers to the bill, all Of which were
overru1ed by the lower court. From this
decision of the lower court the respond
ents appealed, setting forth among other
pleas that both of the facts were inopera-
tive by virtue of having been repealed
by subsequent acts of the Legislature
which readopted the code of Alabama.
Interest of Legislature
In issuing its opinion in the case the
court through Judge Mayfield held that
the intent of the legislature in its re-
adopting act was to be taken into consid-
Grafton, admitting, however, that probable
cause for complaint was apparent on the
surface. The court was of the opinion
that the re-adopting act which repealed
previous general acts, did not intend that
the Carmichael and Fuller acts should
be repealed, citing numerous reasons in
arriving at the conclusion
The opinion rehearses the fact that the
Carmichael act was passed August 9; the
Fuller act August 25, and the re-adopting
act August 26, but concludes that the
intent was to maintain the especial acts
in the statutes of the state
With regard to the contention of the
soft drink proprietor that the title was
In violation of section 45 of the consti-
tuition, the court says not so. The court
also held that the provisions of both Of
the acts were cognate to the titles.
In every count offered by the respond
ents the lower court is affirmed, thereby
fully sustaining the state in its activities,
both with respect to the injunction fea-
ture of the bill, and the seizures. This
injunction was secured by the attorney
general upon refusal of the Birmingham
socilictor to apply for the writ.
List of Decisions
List of the opinions handed down to-
day follows:
Dowdell, C. alabama City, Gads-
den and Alfalfa Railway Company VS..
Thomas Ventress, appeal from Etowah
circuit court; reversed and remanded
Simpson, wv. NJ. Whitsett, ct al. VS..
]. ]. Belue, ct al. appeal from Lauder
dale Probate court reversed and re-
manded.
Mcclellan, il. Deb. Hooper, ct al.
vs. Bankhead & Bankhead, appeal from
Walker circuit court; affirmed.
Mayfield, JIG. L. Fulton, ct al. VS.. the
State of Alabama, appeal from Birming-
ham city court; affirmed.