The Montgomery advertiser., 1903-11-25
THE OPINION IN FULL
Court Overrules Contention
 Made by J. L. Walker.
Citizen of Annexed Territory De- clined to Pay License-Mayor Carr Hopeful That Troubles .
 
 Will Soon Be Passed. "

Tn an opinion yesterday in the case of the City of Montgomery against J. Lee Walker. Judge A. D. Sayre. of the City Court of Montgomery. holds that the Greater Montgomery act is cinstitution- al.
 The test of the constitutionality of the act extending the corporate limits or Montgomery had it's origin two weeks ago. when J. Lee Wa ker. general mer- chant and liquor dealer doing business In the annexed territory refused to pay his city license on the ground that the act which brought his place of business within the city limits was unconstitu- tfonal. Suit was filed by the city for the amount of the license.
 Saturday. the case was submitted to Judge Sayre on two demurrers by the defendant The first, demurrer set up that the Greater Montgomery act failed to meet the constitutional requirements in that the Journal of the House Of Representatives did not show that the . bill was acted upon by a standing com mittee. it having been reported by a standing committee without recommen- dation, which the defendant held was no Illegal action.
 The defendant demurrered on the fur 1 ther ground that the act did not meet 1.-the constitutional requirements In regard 5 to the publication of local laws in that there was a difference of about 100 acres 4 of territory in the bill as advertised ana the bill as passed. ..
 On the first proposition, Judge Sayre held that when a committee in session Hconsiders a bill and makes a report to 1.-the House on that bill. whether the re- port is favorable, adverse. or without rec ommendation, the constitutional require ment has been fulfilled. On the second NH 2rwA t.. AH~a n1mr nak4 T ing of a local law, 1t is only necessary to set out the substance of the pro posed legislation for the benefit of the members of both legislative houses. Full Text of Opinion. e- :
 The opinioui in full, is as follows: s"clty conheil aef Montgomery Ns. J. Lee Walker. .,s'-.,..,,.,,.e .-a 1
 .rhe defendant says that the act en- { titled 4To alter and re-arrange the bound- aries of the city of Montgomery. extend Hing the corporate limits of said city is unconstitutional and void for two req sons. -..
 Il He says the act does not afilrma- lively appear to have been passed in 8accordanee with the requirements of Section 6 of the constitution of 1901.
 "The section mentioned is in words, as follows:
 NO bsiI shall become a law until it
  committee of each House, acted upon by such committee, in session. and re- Burned therefrom, which facts shall af- 8frmstively appear upon the Journal of leach House..
 This bill was known by its title, and As Senate 109.' The Journal of Febru- <ary 4. 1903. shows it's reference to one Df the standing committees of the House. &rhe Journal of Feb. l.. 1903. contains the following recital in respect to this bill:
 What the Journal Shows.
 The chairmen of the several stand nr committees reported that the com nittees in session had acted favorat . xbn the following bills: (Here follows a ist of bills, and among them): s. 109. To alter and re-arrange the boundaries of he city of Montgomery and extending he corporate limits of said city. Note February 12 1903, Senate 10S reported vithout recommendation and placed on he caIendar) The above a..A E foregoing bills having been returned to he House. were read a second time a:.d #blaced on the calendar.
 following the general statements as to Ill the bills mentioned. to be controlled by the special statement in regard to his particular bill, this extract from he Journal means that the chairman bf the standing committee to which the bill had been referred. reported that the eommittee in session had acted upon it.
 L. reported the same without recom- nendation. If the phrase acted upon n it's constitutional sense, implies a rec bmmendation by the committee lat the ill do or do not pass then this extract contains a contradiction. and 1t cannot ,e said to appear afirmatively. that the committee acted upon the bill. But he phrase acted upon implies noth- ng as to the recommendation, then here is no conflict in the Journal, and Il he facts affirmatively appear which are equired to so appear by the constitu- ion.
 Meaning of Constitution.
 ''The question then Is whether to act
 non when used in reference to the
 proceedings of legislative committees in
 ealing with bills, necessarily implies recommendation to the House that the Sill pass or do not pass.
 ''The ruling is u4lat bill is acted upon yhen it is considered by the committee
 nd reported without recommendation. The phrase acted upon by such com nittee in session appears now for the
 Tst time in the constitution. It must Ae construed in the light of known leg sIative practice and the mischief de-
 igned to be guarded against. So far as
 generally known, the passage of bills
 rhich have not received some recommen- ZatiOn rom d IldS never been
 steemed a legislative evil. But the evil
 ractice of considering bills by the in-
 ividuals of a committee separately. 7 ather than by the committee as an or
 anized whole, has been generally recog-
 ized. The constitutional provision in
 uestion aims to secure consideration in
 ommittee for bills, and bills may receive he most exhaustive consideration with
 hut receiving any recommendation that hey do or do not pass Tn session are he words of emphasis. bill is acted
 pon' when it is considered and report d. whether the report be with or with
 hut recommendation.
 Notice of Publication.
 "9 Section 1O6 of the constitution re-
 uires that notice by publication must
 given of special, private, or local laws,
 which notice shall state the substance
 t the proposed law In this case there las in the bill introduced a variation
 -om the advertisement in respect to the
 opposed boundaries of the city of Mont