Tillman v. Porter

Supreme Court of Alabama

Tillman v. Porter

142 Ala. 372

CourtSupreme Court of Alabama

DecidedNovember 15, 1904

StatusPublished

Cited by2 cases

This text of 142 Ala. 372 (Tillman v. Porter) 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

Tillman v. Porter, 142 Ala. 372 (Ala. 1904).

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Opinion

SIMPSON, J.-

Without going into the various points raised by the pleadings, it is evident that the Act of the Legislature (Local Acts of 1903, p. 482) being entitled “An Act to establish, in precinct 33, in Jefferson county, Alabama, an inferior court in lieu of all justices of the peace in said precinct, to be known as the Inferior Court of Bessemer, to define the jurisdiction and powers of said court and the judge thereof,” approved October, 1st, 1903, is void, by reason of a failure to comply with the provisions of the Constitution of Alabama. — Art. IY. § 106.

The act is clearly a local act, within the definition of Art. IY, § 110, and the notice given, does not state “the substance of the proposed law.” A very important part of the substance of the law, is the abolition of the office of justice of the peace, and the substitution of the proposed court therefor, which is not intimated in the notice, and the reference to sections 130 and 158, Art. 7 of the Constitution is wholly inisleading.

The judgment of the court is reversed and a judgment will be here rendered dismissing the petition, and taxing the costs against the petitioner, W. F. Porter.

Reversed and rendered.

McCrerran, C. J., Tyson and Anderson, J. J., concurring.

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SIMPSON, J.-

Without going into the various points raised by the pleadings, it is evident that the Act of the Legislature (Local Acts of 1903, p. 482) being entitled “An Act to establish, in precinct 33, in Jefferson county, Alabama, an inferior court in lieu of all justices of the peace in said precinct, to be known as the Inferior Court of Bessemer, to define the jurisdiction and powers of said court and the judge thereof,” approved October, 1st, 1903, is void, by reason of a failure to comply with the provisions of the Constitution of Alabama. — Art. IY. § 106.

The act is clearly a local act, within the definition of Art. IY, § 110, and the notice given, does not state “the substance of the proposed law.” A very important part of the substance of the law, is the abolition of the office of justice of the peace, and the substitution of the proposed court therefor, which is not intimated in the notice, and the reference to sections 130 and 158, Art. 7 of the Constitution is wholly inisleading.

The judgment of the court is reversed and a judgment will be here rendered dismissing the petition, and taxing the costs against the petitioner, W. F. Porter.

Reversed and rendered.

McCrerran, C. J., Tyson and Anderson, J. J., concurring.

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Bluebook (online)

142 Ala. 372, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tillman-v-porter-ala-1904.

Opinion

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