State ex rel. Brickman v. Wilson

123 Ala. 259
CourtSupreme Court of Alabama
DecidedNovember 15, 1898
StatusPublished
Cited by23 cases

This text of 123 Ala. 259 (State ex rel. Brickman v. Wilson) 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
State ex rel. Brickman v. Wilson, 123 Ala. 259 (Ala. 1898).

Opinion

McCLELLAN, C. J.

-This is a petition by the State on the relation of Brickman for mandamus to issue to Massey Wilson, as Clerk of the House of Representatives, and to R. P. McDavid, as Secretary of State. The petition is as follows:

“Your petitioner, I. Brickman, a resident citizen of the county of Montgomery, and State of Alabama, relates and shows unto your Honor:
“That on the first day of January, 1899, relator, who is over the age of twenty-one years, was a tax-payer and voter in the county and State aforesaid, and is now such citizen, tax-payer and voter; that on, to-wit: said first day of January, 1899, your relator was.engaged in, and is now engaged in, the business of a retail dealer in spirituous, vinous or malt liquors in the city and county of Montgomery and State of Alabama, and that on, to-wit, said first day of January, 1899, your relator paid for and took out a license as such retail dealer in spirituous, vinous or malt liquors for the year 1899, in all respects in strict compliance with law; that on, to-wit, the 15th day of April, 1899, an additional license tax of twenty-five dollars was demanded of relator for the carrying on' of his said business as a retail liquor dealer, said demand being made under and by virtue of an alleged act of the General Assembly of Alabama, entitled, ‘An Act to amend the Revenue Laws of the State of Alabama,’ approved on the 23rd day of February, 1899. That relator refused, and still refuses, to pay said additional license tax so demanded, and has thereby rendered himself liable to a criminal prosecution, and to pay a fine on account of his said refusal to pay said additional license tax so demanded, if said act is a valid and legal enactment,
[274]*274“That relator is informed and advised by counsel, and upon such information believes and charges that said act entitled ‘An Act to amend the Revenue Laws of the State of Alabama,’ approved February 23rd, 1899, is wholly unconstitutional and Aroid, in that, after the passage of the bill, entitled as aforesaid, by the House of Representatives, the same was amended by the Senate in several particulars, Avhich said amendments were not concurred in by the House by a vote of a majority of its members, taken by yeas and nays, and the names of those voting for and against recorded upon the journal of the House, nor was the report of the Committee of Conference, appointed upon the disagreement of the two Houses — AAdiich said report recommended the adoption of said amendments — adopted by a vote of a majority of its members, taken by yeas and nays, and recorded upon the journal of the House, as required by Article IV, section 22, of the Constitution of the State of Alabama. And that the Journal of the House, as kept by the House, signed by its Speaker and Clerk, and deposited in the office of the Secretary of State, shows that said bill failed to become a valid law for this want of conformity to the Constitution in its passage.
“Relator has been informed and advised, and he believes such information to be true, and upon such information and belief, charges that subsequent to the signing of the official journal of the House by its Speaker and Clerk, and subsequent to the adjournment of the General Assembly sine, die, and after said official journal had been deposited in the office of the Secretary of State, that some person, unknown to relator, and without any authority of law, and illegally and wrongfully, wrote upon the margin of volume second, on page 839, of said official Journal of the House, the following Avords and figures, to-wit: ‘Report of Committee of Conference: Mr. Speaker: The undersigned Committee of Conference to consider the difference of the two Houses on H. B. 935, beg leave to report as folloAvs: After considering the matter, they recommend, 1st. The adoption of all the Senate amendments; 2nd. The adoption of the following additional amendments: Sec. Be [275]*275it further enacted, that the dispensaries in each municipality shall pay fifty per cent of such State and County license as were paid by all the saloons in such municipality during the year 1898, payable quarterly, and in no case, less than amount paid by one saloon. By striking out the words, “or long distance telephones” where they occur in the third and fourth line thereof; by inserting in line 19, after the word “each” and before the word “Company,” the word “telegraph;” by inserting in line 16 of said section, after the word “lines,” the following: “and each long distance telephone company, whose lines within the State do not exceed one hundred miles, shall pay at the rate of fifty cents per mile, and each long distance Telephone company, whose lines within the State exceed one hundred miles, shall pay two hundred and fifty dollars.”
Respectfully submitted,
D. J. Meador,
G. B. Deans,
W. D. Jelks, on part of the Senate.
J. J. Mitchell,
W. W. Brandon,
O. Kyle, on part of the House.
The House concurred in the Conference Report. Yeas, 52, Nays ()• — Yeas, Messrs. Speaker, Andress, Arrington, Bayles, Box, Brandon, Brown, Bruner, Burkhalter, Byars, Cameron, Capps, Cheatham, Cofer, Collier, Cornelius, Dameron, Davidson, • Davis, Flewellen, Forrester, Fuller, Garrett, George, Gibson, Greene, Harris, Haynie, Hood, Huey, Hurt, Kelly, Killen, Kyle, Lavretta, Long, Lyle, Matthews, Mitchell, McQueen, Patterson, Poole, Reynolds, Rogers, Sloan, Spears, Stodghill, Tate, Thigpen, Yaughn, Wallace, White. (52.)’
“Relator is further informed, and upon such information believes, and therefore charges, that said attempted alteration of the journal is of no. legal effect, and utterly void, but that the, fact that it was so placed upon the journal, after the House had adjourned sine die, and the Speaker had signed said journal, and the same had been deposited in the office of the Secretary [276]*276of State, does not appear from anything shown hy said journal; that the alteration thus appearing, the journal, on its face, is made to speak an untruth, and, if permitted to stand, cuts off the right of relator, in the event he is prosecuted for doing business without a license, from showing that said alleged act never became a law in the mode provided by the Constitution, and that it is, therefore, null and void and of no effect. Relator further shows that if said wrongful and illegal alteration of said journal is allowed to stand, relator will be forced either to pay said illegal license or to pay a fine for his refusal to make such payment, or be imprisoned in default thereof; and relator is, therefore, directly and personally interested in the expunging of said alteration from the pages of said journal, so that it may in fact speak the absolute verity which the law imports to it.
“Relator further shows that the said Massey Wilson, as Clerk of the House of Representatives, is the person who is charged, by law with the preparation of said journal, and with the duty of keeping it accurately and truthfully, and that the said Robert P.

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Bluebook (online)
123 Ala. 259, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-brickman-v-wilson-ala-1898.