In re Opinions of the Justices

• Decision Date: 30 November 1936
• Docket Number: 41
• Citation: 171 So. 902,233 Ala. 185
• Parties: In re OPINIONS OF THE JUSTICES.
• Court: Alabama Supreme Court

171 So. 902

233 Ala. 185

In re OPINIONS OF THE JUSTICES.

No. 41

Supreme Court of Alabama

November 30, 1936

Question propounded by the Senate to the Justices of the Supreme Court, under Code 1923, § 10290.

Question answered.

Constitutional provision barring legislation at special session on subjects not designated in Governor's proclamation, except by two-thirds vote in each House, held not to preclude enactment of law regulating manufacture and sale of intoxicating beverages through state owned and operated stores without providing for referendum referred to in Governor's proclamation designating such subject of legislation. Const.1901, §§ 76, 122.

Resolution.

S.R. 8. By Mr. Wellborn.

Whereas the Governor of the State of Alabama, in a proclamation issued on November 21, 1936, at Montgomery, Alabama, issued a call to the Legislature of Alabama to convene in extraordinary session as prescribed by Section 122 of the Constitution of Alabama of 1901, at twelve o'clock Monday on November 23, 1936, and

Whereas the Legislature of Alabama convened in extraordinary session at twelve o'clock noon, Monday, on November 23, 1936, and is now in session, and

Whereas the Governor of the State of Alabama designated the following subjects and matters to be considered and acted upon by the Legislature in said extraordinary session:

"1. To revise the revenue laws and to provide additional revenue for the schools and to enable the State, county and city governments to function adequately.

"2. To provide for the payment of all educational activities, experimental and extention services, out of the Alabama Special Educational Trust Fund and to relieve the General Fund of all such payments.

"3. To provide for an appropriation from the General Fund to take care of any deficit in the Special Educational Trust Fund.

"4. To provide for the exemption from State ad valorem taxes of homesteads, as defined by the Constitution and laws of the State of Alabama.

"5. To set up a 'Property Tax Relief Fund' and reduce State ad valorem taxes.

"6. To regulate the manufacture and sale of spirituous, vinous or malt beverages through State owned and operated stores or other State supervision, and to provide for a referendum thereon to the electors of Alabama." And

Whereas, there will be an effort made in said extraordinary session of the Legislature of Alabama to pass a bill regulating the manufacture and sale of spirituous, vinous or malt beverages through State owned and operated stores or other State supervision, without providing a referendum thereon to the electors of Alabama:

Now, Therefore, be it resolved by the Senate of Alabama that the Justices of the Supreme Court of Alabama or a majority thereof, are hereby requested to render to this body their written opinion as provided under section 10290 of the Code of Alabama, 1923, as to whether or not such a bill, regulating the manufacture and sale of spirituous, vinous or malt beverages through State owned and operated stores or other State supervision, without any provision for a referendum thereon to the electors of Alabama, will require a majority vote or a two-thirds vote of the two Houses of the Legislature in order for the same to be enacted into law.

To the Senate of Alabama:

Responding to Senate Resolution No. 8, requesting an advisory opinion under section 10290 of the Code of Alabama, 1923, as to whether or not a proposed bill "regulating the manufacture and sale of spirituous, vinous or malt beverages through State owned and operated stores or other State supervision, without any provision for a referendum thereon to the electors of Alabama, will require a majority vote or a two-thirds vote of the two Houses of the Legislature in order for the same to be enacted into law," we respectfully submit:

The special session of the Legislature now convened was called pursuant to section 122 of the State Constitution, which vests in the Governor full discretion to determine the existence of an "extraordinary occasion" for such session. The session is convened by proclamation. The Governor "shall state specifically in such proclamation each matter concerning which the action of that body is deemed necessary." Section 76 of the Constitution ordains: ...