132 So. 2d 381 | Ala. | 1961
His Excellency John Patterson, Governor State of Alabama Montgomery, Alabama
Dear Sir:
Your request under date of July 25, 1961, for an advisory opinion with reference to certain constitutional questions pertaining to S 474 now pending before the legislature, is respectfully acknowledged.
Pending Bill S 474 appears to be in the same posture as was HB 938, referred to in Opinion of the Justices,
Such seems to be the status of pending bill S 474. In the preamble to S 474 is a statement that the pending bill proposes to supersede "an act approved October 9, 1947 entitled 'An Act To enable farmers who are producers of agricultural commodities to act jointly with dealers and processors in promoting the sale, distribution, and consumption of such Alabama products'." The 1947 act mentioned in the preamble which S 474 proposes to supersede deals with "peanuts, bulbs and fruits and vegetables", whereas the pending bill relates to "cotton". Nevertheless, the language of each act in material respects is the same except with reference to the agricultural product mentioned. On authority of the Opinion of the Justices,
Nevertheless, it might be well to call attention to the Georgia case of Agricultural Commodities Authority et al. v. Balkcom,
Therefore, we perforce must decline to answer your Excellency's inquiry.
Respectfully submitted,
J. ED LIVINGSTON, Chief Justice THOMAS S. LAWSON, ROBERT T. SIMPSON, DAVIS F. STAKELY, JOHN L. GOODWYN, PELHAM J. MERRILL, JAMES S. COLEMAN, Jr., Justices.