“The act was not offensive to Section 96 of the Constitution. This section was only applicable to such county officials or officers as are common to all the counties of the State.”
How later courts described this case
- “The act was not offensive to Section 96 of the Constitution. This section was only applicable to such county officials or officers as are common to all the counties of the State.”
Written by the judges who cited it.
The opinion
BROWN, Justice
(dissenting).
Under the provisions of Article 46, of Chapter 43, § 2335 et seq., of the Code of 1923, as amended by Act approved March 2, 1931, Acts 1931, p. 151, towns and cities having a population of from 1000 to 40,000 according to the 1930 federal census could organize under commission form of government. By Act approved March 31, 1911, Acts 1911, pp. 204-222, cities having a population of 100,000 and upward, were so authorized to organize. By Act .of April 6, 1911, like privileges, powers and rights were conferred on cities having a population of from 25,000 to 50,000. Acts 1911, pp. 289-315. By Act 'approved April 21, 1911, like rights and privileges were conferred on cities and towns having a population of from 1,000 to 25,000. Acts 1911, p. 591.
By Act approved March 4, 1931, Acts 1931, pp. 99-125, like privileges, rights and powers were conferred on cities having a population of from 40,000 to 67,000 population.
These laws as a matter of common knowledge, cover every town and city in the state with the single exception of Mobile,' which according to the federal census of 1930, had a population of 68,202. Alabama Official and Statistical Register, pp. 455, 461.
Said Act 204, Gen.Acts 1936-37, Sp.Sess., p. 244, which undertakes to pyramid a classification on a classification limiting the provisions of said Act to
“every incorporated city of this State governed by a commission created or elected under and by authority of the General Acts of Alabama of 1911, page 330
," is not a legitimate classification but a designation, rendering said Act local, and violative of §§ 106 and 110 of the Constitution of 1901. State ex rel. Brooks v. Gullatt et al., 210 Ala. 452 , 98 So. 373 ; Hartwell et al. v. Pillans, 225 Ala. 685 , 145 So. 148 . [Italics supplied.]