The Montgomery advertiser., 1903-09-08
s1sK Y. cARGILE ct al.

SlSh V. Sl dis
 Bill in equity to enjoin levy of tax by
 County missioners.-Appeal from
 the Chancary Court of Jackson. Heard
 before the Hon. William H. Simpson. I l. Constitutional law; when statute not amendatory.-The constitutional provision prohibiting the amendment of law "by d reference to its title, only," etc (Const. 1901 Sec, 45) does not apply to a law which is original in form and complete and intelligible of itself.
 2. Same: same; construction Of statute, providing for payment of principal and interest of bonds issued by Jackson County.-The statute approved February 18th, 1908, entitled 'an act to provide for the interest and principal of certain bonds to be issued under 'an act to authorize Jackson County to build macadamized roads, and bridges, and to issue bonds of the county to aid in the construction and building thereof approved Decem- Der 7th, 1898, and acts amendatory there- to" as an act original in form, complete | and intelligible of itself, and does not offend Section 45 of the Constitution of | 1901, prohibiting the amendment of an ex- isting law by reference to its title only 1 3. Same; constitutional prohibition as | to passing special or local laws.-Except or beyond the thirty-one instances speci- | fled in Section 104 of the Constitution l901 the Legislature has the same power as 1t had before the adoption of the present constitution to pass local or special laws, relating to local or special interests, when there is no general law | under which relief Is granted or may be had, and when the relief sought cannot be given by any court of this State.
 4. Same; same; construction of statute providing for levy of tax to pay bonds issued by Jackson County.-The statute approved February 18th, 1903, entitled 'an act to authorize Jackson County to build macadamized roads, and bridges, and to issue bonds of the county to aid in the construction and building thereof ap- proved December 7th, 1898, and acts amen- datory thereto" does not infringe the con- stitutional provisions, prohibiting the Legislature from passing special or local laws (Const. 1901 Scots. 1O4, 1O5. 1O9); nor Is it Violative of sub. div. 15 of Sec. 104; said act providing for the levy of special tax, which is purely the exercise of legislative power
 l 5. Constitutional law, act providing for levy of special tax in Jackson County 1 for payment of bonds not violative of Sec. 2l5 of the Constitution.-The statute ap- nrovcd February 2Srd, 1908, entitled "an net to provide for the payment of interest md principal of certain bonds to be issued under an act to authorize Jackson Coun- tv to build macadamized roads, and bridges and to issue bonds of the county tn aid in the construction and building thereof approved December 7th. 1898. and acts amendatory thereto" authoriz- ing the levy of special tax for the pur- nose of paving the interest and principal If certain bonds of Jackson County which were to be subsequently, issued, under the authority of the act authorizing the building of macadamized roads in said county Is not vioIative of Section 215 of the Constitution of 1901. in that the special fax, provided for therein, when added to the existing tax in said county was greater than one-half of one per cent; there being a special provision in said section of the Constitution for the levy of special tax for the purpose of pay ing a debt or liability created after the ratifca ton of the constitution for the erection of necessary public buildings privileges or roads.
 $. Same; said act not violatlve of Sec ton 224 of the Consttution.-Saida act is not violative of Section 224 of the Con- stituton of 1901. prohibiting a county to become indebted in any amount including