Norton v. Mobile County

562 So. 2d 503, 1990 Ala. LEXIS 315, 1990 WL 70160
CourtSupreme Court of Alabama
DecidedMarch 23, 1990
Docket88-312
StatusPublished
Cited by8 cases

This text of 562 So. 2d 503 (Norton v. Mobile County) is published on Counsel Stack Legal Research, covering Supreme Court of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Norton v. Mobile County, 562 So. 2d 503, 1990 Ala. LEXIS 315, 1990 WL 70160 (Ala. 1990).

Opinion

562 So.2d 503 (1990)

Rubye A. NORTON
v.
MOBILE COUNTY, et al.

88-312.

Supreme Court of Alabama.

March 23, 1990.

*504 Mark Ezell, Butler, and John W. Sharbrough, Mobile, for appellant.

Merceria Ludgood, Mobile, for appellees Mobile County and Mobile County Comm'n.

James C. Wood and J. Randall Crane, Mobile, for appellee Lionel W. Noonan, Probate Judge.

ON APPLICATION FOR REHEARING

PER CURIAM.

This Court's original opinion of September 29, 1989, is withdrawn and the following is substituted therefor.

The plaintiffs appeal a summary judgment entered in favor of the defendants. We affirm.

The issues are whether Act 87-616, Alabama Acts of 1987, is a local act that applies only to Mobile County or is a general act that applies statewide; whether the $10 surcharges on the recordation of deeds and mortgages in Mobile County are "costs and charges of court" as prescribed in § 96 of the Alabama Constitution of 1901; and whether the Act was properly published.

The $10 surcharge at issue was established by Act 87-616.[1] The plaintiff, Rubye A. Norton, filed a deed in the Mobile County Probate Court and was assessed the $10 surcharge. She then filed a class action, challenging the constitutionality of the Act and naming Mobile County, the Mobile County Commission, and the Judge of Probate of Mobile County as defendants. The class was certified by the circuit court and, subsequently, a summary judgment was entered for all the defendants.

The plaintiffs challenged the constitutionality of Act 87-616 on numerous grounds. We discuss them as follows:

I. Is Act 87-616 a local law or a general law?

Amendment No. 397 of the Alabama Constitution of 1901 defines "general law" and "local law" as follows:

"A general law is a law which in its terms and effects applies either to the whole state, or to one or more municipalities of the state less than the whole in a class. A general law applicable to such a class of municipalities shall define the class on the basis of criteria reasonably related to the purpose of the law, provided that the legislature may also enact and change from time to time a general schedule of not more than eight classes of municipalities based on population according to any designated federal decennial census, and general laws for any purpose may thereafter be enacted for any such class. Any law heretofore enacted which complies with the provisions of this section shall be considered a general law.
"No general law which at the time of its enactment applies to only one municipality of the state shall be enacted, unless notice of the intention to apply therefor shall have been given and shown as provided in section 106 of this Constitution for special, private or local laws; provided, that such notice shall not be deemed to constitute such a local law.
"A special or private law is one which applies to an individual, association or corporation. A local law is a law which is not a general law or a special or private law."

*505 When a dispute arises over whether a law is local or is general in nature, a court is obligated, when possible, to read the law as a general one. State ex rel. Montgomery v. Merrill, 218 Ala. 149, 152, 117 So. 473 (1928). If a statute may be read to apply, in some way, to the "entire state in some of its chief features," it will be considered a general law. State ex rel. Collman v. Pitts, 160 Ala. 133, 134, 49 So. 441, 442 (1909). However, an act that was clearly intended to apply to a single county must be construed as a local act. Opinion of the Justices No. 197, 284 Ala. 626, 227 So.2d 396 (1969). Act 87-616 clearly applies to Mobile County only and is, therefore, a local act.

II. Are the $10 surcharges "costs and charges of court, or fees, commissions, or allowances of public officers?"

Article IV, Section 96, Constitution of Alabama of 1901, reads as follows:

"The legislature shall not enact any law not applicable to all the counties in the state, regulating costs and charges of courts, or fees, commissions or allowances of public officers."

Because we have already determined that Act 87-616 is "not applicable to all counties in the state," we must decide whether the surcharge falls within the term "costs and charges of court" as that term is used in § 96. The cardinal rule in construing statutory language is to ascertain the legislative intent. Gulf Coast Media, Inc. v. Mobile Press Register, Inc., 470 So.2d 1211 (Ala.1985). Therefore, to construe § 96 we turn to the proceedings of the Constitutional Convention of 1901. Section 96, as originally proposed, read:

"The legislature shall not enact any law for one or more counties not applicable to all the counties in the state, increasing the uniform charge for the registration of deeds and conveyances or regulating costs and charges of courts, or fees, commissions or allowances of public officers."

2 Official Proceedings, Constitutional Convention of 1901, p. 2643 (Wetumpka Printing Co.1940). (Emphasis added.)

It is significant that the portion of the proposed section which prohibited the legislature from enacting local legislation "increasing the uniform charge for registrations of deeds and conveyances" was specifically struck out of the final draft of § 96 by an amendment proposed by Mr. Oates of Montgomery. It is, therefore, clear that the intent of the framers of § 96 was to specifically except charges for the recordation of deeds and conveyances from the prohibitive effect of the section.

We find further support for this construction of § 96 in Opinion of the Justices No. 154, 264 Ala. 181, 86 So.2d 1 (1956). In that opinion, this Court addressed the constitutionality of a proposed bill that would have required a $1 recording fee on all instruments filed in the Mobile County Probate Office "affecting the title to real and personal property." This Court opined that such fees would not be "costs and charges of court" and stated the following:

"Fees collected for the recording of instruments in the office of the judge of probate are entirely unconnected with litigation and the act of recording instruments in that office does not involve the exercise of a judicial function."

264 Ala. at 182, 86 So.2d at 3.

Although advisory opinions are not binding on this Court, In re Opinion of the Justices, 209 Ala. 593, 594, 96 So. 487 (1923), we feel that the language used by the Court there is very persuasive in this case because the fee discussed in Opinion of the Justices No. 154 was so similar to the fee authorized by Act 87-616.

We are of the opinion that § 96 of the Alabama Constitution does not prohibit the legislature from authorizing, by a local act, a surcharge such as we have under consideration here. The framers of the Constitution specifically struck from proposed § 96 the provision that would have prohibited this legislative action.

Based upon the foregoing, we hold that the $10 surcharges of Act 87-616 are not *506 "costs and charges of court." Because the surcharges go to the county treasury and to no public officer, it is clear that they are not "fees, commissions or allowances of a public officer."[2] Therefore, Act 87-616 is not a local act prohibited by § 96 of the Constitution of 1901.

III. Did the legislature comply with the publishing requirements?

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Cite This Page — Counsel Stack

Bluebook (online)
562 So. 2d 503, 1990 Ala. LEXIS 315, 1990 WL 70160, Counsel Stack Legal Research, https://law.counselstack.com/opinion/norton-v-mobile-county-ala-1990.