State v. Blackwell

Alabama Court of Appeals

State v. Blackwell

79 So. 198, 16 Ala. App. 500, 1918 Ala. App. LEXIS 192

CourtAlabama Court of Appeals

DecidedApril 9, 1918

Docket6 Div. 471.

StatusPublished

Cited by3 cases

This text of 79 So. 198 (State v. Blackwell) 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

State v. Blackwell, 79 So. 198, 16 Ala. App. 500, 1918 Ala. App. LEXIS 192 (Ala. Ct. App. 1918).

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Opinion

SAMFORD, J.

[1] A part of section one of this act has already been declared unconstitutional (Board of Revenue, etc., v. State, [Sup.] 76 South. 388), but it was expressly said in the majority opinion in that case that the remainder of the act was not affected by the decision. We are of the opinion, when that part of the act is eliminated, that it leaves an act complete in itself that can be enforced. Whenever that is a fact, the act will be upheld. State v. Davis, 130 Ala. 148, 30 South. 344, 89 Am. St. Rep. 23.

[2] The title to the act is as follows:

“To protect women and children from desertion and nonsupport by husbands and parents; making it a misdemeanor for a husband to desert or neglect to provide for the support of his wife, or for a parent to desert or to neglect to provide for the support of Ms or her cMld, or children, under the age of sixteen years; prescribing the penalty therefor, and making provisions for the apprehension and punishment of persons convicted of nonsupport or desertion; and providing for the taking of recognizances; * * * also providing for the forfeiture and enforcement of said recognizances; and providing for the appointment of probation officers and prescribing their duties and powers; and making chiefs of police and sheriffs and other peace officers, probation officers, in certain contingencies, and designating the courts which shall have jurisdiction of such matters.” Page 560, Acts 1915.

This title embraces but o-ne subject, which is sufficiently expressed. Board of Revenue, etc., v. State ex rel. Campbell, 163 Ala. 441, 50 South. 972, and authorities there cited. It follows, therefore, that the judgment of the circuit court must be reversed, and the cause remanded.

Reversed and remanded.

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SAMFORD, J.

[1] A part of section one of this act has already been declared unconstitutional (Board of Revenue, etc., v. State, [Sup.] 76 South. 388), but it was expressly said in the majority opinion in that case that the remainder of the act was not affected by the decision. We are of the opinion, when that part of the act is eliminated, that it leaves an act complete in itself that can be enforced. Whenever that is a fact, the act will be upheld. State v. Davis, 130 Ala. 148, 30 South. 344, 89 Am. St. Rep. 23.

[2] The title to the act is as follows:

“To protect women and children from desertion and nonsupport by husbands and parents; making it a misdemeanor for a husband to desert or neglect to provide for the support of his wife, or for a parent to desert or to neglect to provide for the support of Ms or her cMld, or children, under the age of sixteen years; prescribing the penalty therefor, and making provisions for the apprehension and punishment of persons convicted of nonsupport or desertion; and providing for the taking of recognizances; * * * also providing for the forfeiture and enforcement of said recognizances; and providing for the appointment of probation officers and prescribing their duties and powers; and making chiefs of police and sheriffs and other peace officers, probation officers, in certain contingencies, and designating the courts which shall have jurisdiction of such matters.” Page 560, Acts 1915.

This title embraces but o-ne subject, which is sufficiently expressed. Board of Revenue, etc., v. State ex rel. Campbell, 163 Ala. 441, 50 South. 972, and authorities there cited. It follows, therefore, that the judgment of the circuit court must be reversed, and the cause remanded.

Reversed and remanded.

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79 So. 198, 16 Ala. App. 500, 1918 Ala. App. LEXIS 192, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-blackwell-alactapp-1918.

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