Henderson v. State

• Decision Date: 17 December 1891
• Parties: HENDERSON v. STATE.
• Court: Alabama Supreme Court

10 So. 332

94 Ala. 95

HENDERSON v. STATE.

Supreme Court of Alabama

December 17, 1891

Appeal from circuit court, Chambers county; JAMES R. DOWDELL, Judge.

Indictment against John W. Henderson for violating the liquor prohibition law. There was judgment of conviction, and defendant appeals. Affirmed.

W D. Denson and Watts & Son, for appellant.

Wm. L. Martin, Atty. Gen., for the State.

COLEMAN J.

The defendant was indicted and convicted for a violation of the liquor prohibition law found in the acts of 1890-91, p. 85 which prohibits the selling or giving of spirituous, vinous or malt liquors at various designated places, and also "within five miles of La Fayette College, in La Fayette Chambers county, Alabama." It is contended that an inspection of the senate and house journal discloses the fact that the act was not passed in accordance with the constitutional requirements, and is therefore null and void. It is well settled that courts can and will, if deemed necessary, examine the legislative records to see whether a printed statute has a legal existence. Jones v. Hutchinson, 43 Ala. 723. The act in question originated in the senate, and is denominated "Senate Bill No. 27." The bill was referred to a committee, and by the committee reported with an amendment. On page 85, senate journal, it is shown that the bill and pending amendment was adopted by a vote of yeas and nays, and the note duly recorded. In the house journal, page 236, it is shown that a substitute for the senate bill was adopted by yeas and nays, and the vote duly recorded. The substitute was a mere extension of the purpose of the original bill so as to include other places. On page 240 the vote by which the substituted bill was adopted was reconsidered, and the vote ordering the bill to a third reading reconsidered. The bill was then further amended by inserting in the title and body of the bill other places not mentioned in the substituted bill, and as thus amended was read the third time at length, and passed by a yea and nay vote, and the vote duly recorded. The senate did not agree to the bill as passed by the house, and a committee of conference was appointed by both houses. The committee further amended the bill by adding other places, and also by providing: "And, as to La Fayette College, it shall not take effect until January 1, 1891." As thus amended, the bill as passed by the house was adopted by the senate by years and...