# Baumhauer v. State Ex Rel. Smith

> Supreme Court of Alabama · June 4, 1940 · 240 Ala. 10

URL: https://www.frixlaw.com/law-library/cases/3244533

## Case

- **Full name:** BAUMHAUER Et Al. v. STATE Ex Rel. SMITH
- **Court:** Supreme Court of Alabama
- **Decided:** June 4, 1940
- **Citations:** 240 Ala. 10; 198 So. 272; 1940 Ala. LEXIS 211
- **Precedential status:** Published
- **Opinion:** Dissent by Brown
- **Judges:** Brown
- **Cited by:** 4 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3244533

## Opinion text

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.]

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3244533. Public record. Not legal advice.