The Montgomery advertiser., 1904-12-12

BOARD OF REVENUE OF JEFFER- SON COUNTY EFT AL vs. CROW.
 Bill in Equity by Tax Payer to enjoin
 Board of Revenue-Appeal from the
 Chancery Court of Jefferson.
 l. Constitutionality of the act of the Legislature; when act void for failure of House to show concurrence In Senate amendments to bi1l.--Where a bill introduced in and passed by the House of Representatives of the Leg islature, is. by the Senate of the Leg islature amended in several particu- lars, and upon the bill being sent back to the House. there Is a disagreement and non concurrence on the part of the House in the Senate amendments, and conference committee composed of three of the members of the House and three members of the Senate is raised, to which Is referred the dis agreement between the House and Senate as to said amendments, and a report from the conference committee recommends that the Senate recede from certain two of its amendments as adopted and concurred in by both
 the House and the Seenate, but no fur ther action is taken by the House as to the, other amendments adopted by
 the Senate to said bill. it would not
 be considered by implication that the
 House concurred in the other Senate amendments; and 1t not appearing from the Journals of the House that there was a concurrence in the other Senate amendments to the bill, as re- quired by Section 64 of the Constitu- tion, the act enrolled and signed by tine speaker of the House and the pres ident of the Senate, and approved by the Governor, which includes all the other amendments made by the Senate to the House Bill, is unconstitutional and void.
 2. Constitutionality of act redis. tricting judicial circuits of the State; '; | failure of House journal to show con- currence in Senate amendments rem ders act void.-The act approved Octo- Der 12 1903. to provide for the redis- | tricting of the judicial circuits of the | State General Act of 1903, D. 566),
 was introduced in the House of Rep l resentatives. After the passage of
 the bill by the House it was sent to
 the Senate, and that body adopted a substitute for the original bill intro- | duced in the House, and adopted sev- eral amendments to the substitute, l and then passes the bill as amended
 by the substitute as amended. The ! said bill was then returned to House
 with message reciting that the orig | AhoA itouSC IoilI Deen dmenQeQ DIV | the House as above set out The
 House nonconcurred in the Senate
 amendments to said bill and reques-
 ted a committee of conference theron. This request was complied with by the Senate, and the House appointed committee of three. and the Seante appointed a committee of three, which
 were to constitute the conference com
 mittee, and the whole matter of dis | agreement by the House upon all the
 amendments adopted by the Senate to
 the original House Bill was referred to
 the conference committee. From the conference committee there were two
 reports made: one report was signed | by one member of the committee ap- pointed on the part of the Senate and oy all of the members appointed on the part of the House, and recom- mended that the Senate recede from tcertain two of its amendments The other report was signed by the other two members of the conference com m1ttee appointed on the part of the
 Senate and recommended that the Sem ate should not recede from the amentf
 ments to the substitute. introduced in the Senate for said House Bill. There
 was nothing said in either of said re- | ports as to any other of the amend ments onered by the Senate. The Sen- ate and the House concurred in the report signed by four members of the conference committees: the vote of concurrence being taken aye and nay vote in the House and Senate, and the
 names of those voting being set out on
 the journal of the House and on the
 journal of the Senate. The bill as
 enrolled and signed by the Speaker of
 the House and the President of the senate and which was signed by the Governor contained all the amend
 ments referred to in the report signed py four members of tine conference
 committee. Held: That act was not
 passed as required by the Constitu-
 tfon. in that it was not shown by the
 journal of the House that the House
 concurred in the Senate amendments to the bill as originally introduced in the House. as provided by Section 64
 or the Constitution, and that such con- currence cannot be implied, and that, l