Birmingham state herald. (Birmingham, Ala.) 1895-1897, 1896-04-11

plicable, and shall have the same right
to sell property and make titles to prop
erty sold for taxes as is provided for col
lecting state and county taxes; but any
such city or town must first, by ordl-
nance, adopt such parts of this chapter
for said purposes. as they desire to put in
force, but no city Except Mobile, Mont
gomery Marion, Brewton, Cullman, Sell
ma, Eufaula Russellville, Tuskegee and
Uniontown), or town or county snail as
sess, levy or collect any license tax on
any business or occupation upon which
the state does not assess, levy or col
lect such license tax. Nothing herein
contained shall affect the provisions of
the act for the reduction and funding
of the debt of the city of Mobile, APP
proved March 9, 1875. The city council
of Opelika may assess, levy and collect
a license tax on banks or bankers, the
keepers of livery stables, meat markets
and those engaged In the business of
running drays and hacks for hire"
The act has been further amended by
excepting other cities and towns, until
now there are quite number of cities
and towns excepted We may have occa-
sion to refer to these several acts hereaf-
ter for different purpose from that Tor
which they will be first considered
The constitutional provision does not,
and was not intended, to operate as an
ordinance or legislative enactment, or as
a general law for the government of the
people of the state. Its sole purpose was
to limit the power of the legislature SO
as to prohibit it from comforting the spe-
Gifted authority upon municipal corpora
tons. The first question is, what Is meant
by the term, 1.-The general laws OF this
state" as used in the constitutional pro-
vision, and is the act of the legislature
above cited a general law within it's
meaning? Courts have generally CLASH
fed statutes as general, public, special or
local and private. Our constitution refers
to statutes as general, local, special 1t
is unnecessary to consider what consti-
tutes local and special statutes. Any
statute which affects the public at large,
though operating within the limits of
particular locality, is generally declared
to be public statute. % Am. q Eng.
Ency of Law, 144, las and case cited in
the notes; Am. & Eng. Ency. Of Law,
1851 and notes.
In specifying the limitations upon the
powers of the legislati tive department,
Article 4, sections 49, "a, % and so, the
constitution uses the term, general
laws" A proper construction of these
constitutional provisions would exclude
the definition of public statute as
distinguished from a general statute
that is. statute operating upon the pub
lie within the limits of a locality, less
than the whole state. The terms, general
law and public law, are frequently used
anonymously, but they are not the
equivalent of each other. Every general
law is necessarily public law, but every
public law as defined is not general
law A. general law as used in our con-
stitutien is a Mw which operates through
out the state. alike upon all the people
Or all of class. The law authorizing
the removal or the disabilities of covert
ure or of infancy by the courts are gen.
eral laws, though applying only to mar
ried women and to minors. Any law az
fecting the public within the limits of a
county or community would be public
law, though not general law within the
meaning of our constitution The effect
of a statute, more than it's wording or
phraseoogy, must determine its charac-
ter as a public, general, special or local
statute. Apply these principles to the
statute of February IS, 1887, and as
amended by subsequent legislation. BY
its very terms it cannot operate through
out the state alike. City after city has
been excepted from its operation, and If
these exceptions are valid there are no
limitations upon the exceptions which
might be made. The statute, IL valid. is
a public statute, but not general stat
ute within the meaning Of the constitu-
ton.
If by reason of the provision. but no
city or town or county shall assess, levy
or collect any license tax on any business
or occupation upon which the state does
not assess, levy or collect such license"
the statute Is a general law" then the
exemption In favor of Mobile, Montgom-
cry and Selma would be invalid, but the
framing Of the statute Is such that its
to let part stand. 1t is evident that
the statute as a whole would not have
been adopted without the exceptions.
The conclusion IL that whether the act
OF February 10, 1887, be valid or uncon-
stitutional, there Is no general law"