"The principle is well established that neither the State or any inferior legislative body can alienate, surrender or abridge its right or ability to function in the future."
How later courts described this case
- "The principle is well established that neither the State or any inferior legislative body can alienate, surrender or abridge its right or ability to function in the future."
Written by the judges who cited it.
The opinion
BROWN, Justice
(specially concurring).
My concurrence in the foregoing opinion is subject to the reservation that, while the power to determine the necessity for using pledged funds for current maintenance of local government, a question not now presented, is in the first instance legislative, the question of such necessity is ultimately judicial in its essence and must be determined by the courts. Caylor v. State, 219 Ala. 12 , 121 So. 12 .