The Montgomery advertiser., 1904-02-04
City Will Now Go Forward :, With improvements.
Tn Opinion by Chief Justice Mo
 Q s . y q. ; clellan It is Held That Bill
 hEa. was Passed by Legisla- 3a -g turs with Regularity. i.

s ~ turs with Regularity. l.. The Supreme Court of Alabama yester- day decided that the Create! Montgomery Act was valid and constitutionaL
 The decision of the Supreme Court re- of the city's boundaries. It carries into actual effect the annexation of the su- burbs of the city and opens the way to whatever municipal improvements the City Council of Montgomery has designed for the suburban residents.
 The opinion of the Supr me Court, which l was by Chief Justice Mcclellan, affirm. d
 the, decision of Judge A. D. Sayre Of the City Court of Montgomery. The case was a. pure and simple test of the law. It was brought by J. L. Walker. gro- oefyman and saloonkeeper in Bogue' homnie, a part of the city which was n, an Mir. Walker declined to pay license q, to the city of Montgomery, declaring h;s business was not locat ted in the city. the ahs ths hysd s It is understood that MT. Walker was eseIsted in his fight ,.ys,to1v by other merchah's Points That Were Raised. Two points were raised in the question of the constitutionality Of the act, Dolh being based upon the record Tn the Jnuf- nal of the Housc of Repre2entatives The 0reter Montgomery act, 1t will be re- called was reported by the Committee on Local Legislation without recommen- dation This fact furnished the ammuni. ton for the fight against the validity of
 It was claimed. first. that the report. of the co.amittee; that is t;e, sending % in n3f sf properly a report The second and most important issue raised against the act was that there was nothing to show that the committee. had acted on the ohl III It's opponents declared that the act aid not meet the requirements of Section oS all bills in the Legislature by committees must have first been acted upon by standing committee while In ee on.
 The saprSm me Court held that both tSsy eon, applied to the Greater Montgomery act; The opinion of the Supreme Court held that 3 bill sent m by a committee or me me piled with the Constitutional requirement.
 This portion of the opinion of the court an attack on other acts which were re- ported in their passage by committees without recommendation.
 It will be recalled that the State Bank. Ing act was so reported. At that time It was declared because of that report thst the act would be unconstitutlonal.
 The opinion lS QuiIe IuiA. II BOcS NVSP- ly into the question of what constitutes 2 committee report and what constitutional requirements must be met.
 Opinion of Chief Justice.
 in part. the opinion Is as follows:
 '%fhe question in the case before us IS, whether the journal of the House affirm atively shows a compliance with section G of the Constitution in the pass ge of the boundaries of the city of Montgomery extending the corporate limits of said city The journal 1t is conceded, does af- Armattvely show that this was referred to the SommIttse on L1fs tsa hgslatEn' hesss n ra spect of action in committee on the bill and of the return of the bill to tse House the 1ournai contains the following entries:
 "'RIlls on Second Reading.
 "'Tke Chairman of several standing committees reported that the committees in session had acted favorably upon the Following bills:
 ment and colle. ton on unp id taxes in any new County formed under the new
 "H. 2s. To amend subdivision of section TIA of the Code of A ahama.
 l"'H.- 435. To authorize the street rail way companies of this State to incre SC their capital stock, .I
 ."'S. lge To alter and rearrangs the boundaries of the city limits of NJ ntgom- cry extending the corporate limits of the city. (NOto-FebFunry 12 s. lC9 reported without recommendation and placed on
 ; H. fs6. To amend section ssO4 of the Code of 1Sp6. |
 "'The above and foregoing bills. having been returned to the House were read second time and placed on the calendar i've have substituted asterisks In the place occupied in the journal itself by the numbers and titles of many other Senate and. ,Eoiise bfi1s.)
 ''Cpon considerations already adyerted to, we are of the opinion that these en- 1 tries upon the journal aftlrmatiyeiy show committee into the House. and that the action had by the Comctittee was had in | Q session ot the committee: tI
 A Bill Without Report.
 'Ifi were important to determine what action as shown by the journal had been taken two constructions might be put up- On the journal entry. There is Il general statement that the committees had acsed favorably upon all the bilis on the lists. As to Senate bIll ICS. there is q particular statement that 1t was reported ba,k to the House by the Committee without rec onluendation. In a sense both the gen eral and particular statements are true as to this bill. As we have s"en, re- port of the bill without reoomulenda ton is unde erstood and construed In legislation 10 he 30 far a favorable report as to en- title the bill to the same status in the House as # it had been favorably re- ported. A bin so reported is read a sec opd time and put on the calendar for third reading and for a final vote by the House in all respects the same as bill which the committee recommends for passage.
 '"rherefore in legislative sense there Is no inconsistency between the gene'al statement as applied to this and other bills embraced in this list to the effect thai they had all been acted on favor abty by the committees and the parti cular statement with reference to this bill to the effect that it had been reported hack without recommendat tion. For all legis- latlVe requirements this bill as well as the others had been acted on favorably by the Committee.
 But if We, look at the matter in an- other way and concede that the two state- ments are inconsistent as applied to Sen ate Dill IOe. 1t is only that part of the general stStement having reference to thA character of tho action of the committee wAtct ia Inconsistent with the "articul S.Gternent AS t. this biN; ard pro d'ns upu1 thin -or-l. s',n '''e 2 ne al s c '-,<t'. ~o:'a ." -01,.f e1 .. riy V '... II .. f...o 'Nr .- .=t@" e" H.. S-. z. ,A q; ,.'%ll +-,,.: 1" r.Rg9' Ps @ ' !' r,'r' li,tprJ .'f IhH 'ete. - ','. ' &ppar"p. trGnrSi .'An'' 9ri.- a' t,. u,t;tc oc t.se scti",y' .',Hn ar' npi at cl! ;ppr tlIe fact of acton v.n4: ,e
 '-if, action If tho con,n'ttso Ses ate bill Is Sas not favoracle to 1t in t
 ..s-..-4--s a.