128 So. 776 | Ala. | 1930
Petitioner was convicted for a violation of what is commonly called the "Five Gallon Law" (Gen. Acts 1927, p. 704), the constitutionality of which was upheld by the decision of the Court of Appeals.
The question is not new, but has been foreclosed by former decision of the Court of Appeals in the case of Dixon v. State,
In view of these decisions nothing further need be said, but, in deference to the earnest insistence of counsel, we briefly add the following observations. The act here assailed is original and not amendatory in form. The case of Bates v. State,
In construction of this provision of said section 45 of the Constitution it is settled that statutes amendatory of others by implication only are not within its influence. Ex parte Thomas,
"Nor does the enactment offend that other provision of said section of the state
Numerous cases have considered this portion of section
The act does not offend section 45 of the Constitution, and the Court of Appeals correctly so ruled.
Let the petition be denied.
Writ denied.
ANDERSON, C. J., and BOULDIN and FOSTER, JJ., concur.