Kendrick v. Boyd

51 So. 2d 697, 35 Ala. App. 592, 1951 Ala. App. LEXIS 521
CourtAlabama Court of Appeals
DecidedFebruary 7, 1951
Docket6 Div. 168
StatusPublished
Cited by1 cases

This text of 51 So. 2d 697 (Kendrick v. Boyd) is published on Counsel Stack Legal Research, covering Alabama Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Kendrick v. Boyd, 51 So. 2d 697, 35 Ala. App. 592, 1951 Ala. App. LEXIS 521 (Ala. Ct. App. 1951).

Opinion

CARR, Presiding Judge.

The nature of this appeal is correctly stated in appellants’ brief: “This is an appeal by the appellants, W. D. Kendrick, Earl Bruner, and Charles E. Harrison, all as members of the County Commission of Jefferson County, Alabama, from a judgment of the Circuit Court of the Tenth Judicial Circuit of Alabama ordering that [594]*594a peremptory writ of mandamus be issued from said Circuit Court directed to the aforenamed appellants commanding them, and each of them, to forthwith authorize and direct the County Treasurer of Jefferson County, Alabama, to pay G. H. Boyd, the appellee, ‘the sum of Eight Hundred Forty and no/100 Dollars ($840.00), same being the compensation provided by Act Number 424, Regular Session of the Legislature of 1949, for services of said Petitioner as provided in said Statute * * * >»

The question of critical concern is whether or not the act upon which the proceeding is predicated is constitutional.

Under the authority of Section 87, Title 13, Code 1940, we transferred the cause to the Supreme Court. The constitutionality of the statute was upheld, and the case was then retransferred to this court for further consideration and a final disposition of the cause.

In a very able opinion on the constitutional question, Justice Simpson wrote [51 So.2d 696]:

“We will limit consideration * * * to that specific question involved, viz., whether or not the aforesaid statute violates that provision of § 45 which provides that ‘Each law shall contain but one subject, which shall be clearly expressed in its title.’ We hold that it does not.
“The act under review is a rewrite of the absentee ballot law of Alabama, its title being an act ‘To provide for absentee voting in primary, general, special, and municipal elections: Prescribing penalties for violations of the Act and repealing conflicting laws.’ The act designates the register in chancery of each county in which an election is held (or other person designated to serve in his stead if the register be disqualified) as the official, agent or person to superintend and manage the absentee balloting. Section 17 provides for'pay for services under the act and the specific challenge is that § 45 is violated by failure of the title to make reference to such.
“To be sure, the question posed could be a somewhat debatable one were we to enforce with hypercritical exactness the said constitutional prescription; but the rule is to the contrary. The court is committed to the principle that this requirement of the Constitution is ‘not to be exactingly enforced or in such manner as to cripple legislation’, but should be accorded a liberal interpretation. Johnson v. Robinson, 238 Ala. 568, 192 So. 412; Ballentyne v. Wickersham, 75 Ala. 533.
“Speaking to the general theme of liberality of construction and the avoidance of hypercritical criticism as regards the title of an act, the following observation from Ex parte Pollard, 40 Ala. 77, was approved in the case of Roden v. Griffin, 179 Ala. 633, 637, 60 So. 925, 926, which bears on the proposition: ‘ * * * “The question must always be whether taking from the title the subject, we can find anything in the bill which cannot be referred to that subject. If we do, the law embraces a subject not described in the title. But this conclusion should never be attained, except by argument characterized by liberality of construction and freedom from all nice verbal criticism.” ’
.“Then, too, the question of the unconstitutionality of an act must be more than fairly debatable before the court is authorized to strike it down. To strike an act down, the court must be convinced of its unconstitutionality beyond a reasonable doubt. 6 Alabama Digest, Consitutional Law, 48.
“Keeping in mind these well-known canons of construction, we think it clear the challenge to the act is untenable. The constitutional requirement that the subject of the act be clearly expressed in its title is held to be satisfied if the title sufficiently discloses the subject of the act so as to apprise the legislature and the public of the matter to be dealt with. Newton v. City of Tuscaloosa, 251 Ala. 209, 36 So.2d 487; State ex rel. Harrington v. Randle, 250 Ala. 472, 35 So.2d 84; Fuqua v. City of Mobile, 219 Ala. 1, 121 So. 696.
“In line with this premise, the law has become established that when there is a fair expression of the general subject of the act in its title, all matters reasonably related to it, including all necessary agencies or instrumentalities which should fa[595]*595cilitate the act’s execution, are proper to be included as being cognate and germane to the title. We had occasion to deal with this specific question at some length in Newton v. City of Tuscaloosa, supra, and with reference thereto pointed out, inter alia, (1) the liberal interpretation rule to be accorded this constitutional mandate; (2) that the subject of the act may be expressed in general terms 'and when so, everything subsumed under the general thought to make it a complete act, if cognate and germane thereto, is regarded as included in and authorized by it; (3) generality or comprehensiveness of the subject of the act is not a violation of the constitutional provision requiring that an act shall contain but one subject, which shall be clearly expressed in the title, a broad comprehensive subject justifying the inclusion of any matter except that which is incongruous or unconnected with the subject, provided the title is not uncertain or misleading; (4) the title of an act need not be an index to it, nor need it catalogue all powers intended to be bestowed.
“A good statement of the applicable rule is also to be found in Dearborn v. Johnson, 234 Ala. 84, 88, 173 So. 864, 867, where the court, speaking through Justice Gardner, observed: ‘ * * * When the subject is expressed in general terms, everything which is necessary to make a complete enactment in regard to it, or which results as a complement of the thought contained in the general expression, is included in and authorized by * * *
“Other cases, among many which could be cited of like import, are State ex rel. Harrington v. Randle, supra; Woco-Pep Co. v. Butler, 225 Ala. 256, 142 So. 509; Chapman v. Railway Fuel Co., 212 Ala. 106, 101 So. 879; Lindsay v. United States Savings & Loan Co., 120 Ala. 156, 24 So. 171, 42 L.R.A. 783; Ballentyne v. Wickersham, supra.
“It is reasonably plain that every section, clause and paragraph of Act 424, including said § 17, is cognate and germane to the general subject expressed in the title, viz., ‘absentee voting,’ and we think the title sufficiently clear to apprise the legislature and the public of the matter therein to be dealt with. Section 17, like the other provisions of the act, deals specifically with that subject. It must be conceded that somewhere in the act the duty and responsibility of executing it must be placed upon some individual, board or official. The title naturally suggests this and anyone interested or concerned would naturally look to the body of the act to ascertain the method to be pursued and if so, would find that the person so designated was the register.

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Related

Kendrick v. Boyd
51 So. 2d 701 (Supreme Court of Alabama, 1951)

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Bluebook (online)
51 So. 2d 697, 35 Ala. App. 592, 1951 Ala. App. LEXIS 521, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kendrick-v-boyd-alactapp-1951.