The Montgomery advertiser., 1905-07-13


 staion hae sse %s .,sa the of ne laws of this State shall be--Be 1t spasted by the General Se omission of the words 'of Alabama" in action in yetoins the bIii was unan,- Isso-lssI pp. 2ss-Sos: In, that case. the words prescribed b: the Consti; General Assembly, The constitution was mandatory. that the enacting clause must state that the :tatnte was AIabama sS in Neyada vs nogern. enactment was held void. because the ssiph ia%s sha be, esarsa he peopis aas of Nevada represented in Senate and Assembly do enact" and the enacting clause in to use the. words prescribed by the Sonstitption sS toS in May Ma ys Rice. ton required the style to be Be it enacted by the General Assembly" ss asPers Seers us sere is no as Statement of the authority which enaets the iasy. nor is there a failure to use the Words sswla ths tha. it 's rs enscsed d' by tRe Lesisiatars of Alabama" The only vice s. for which sa ther than the Constitution exacts, and declares that "the Legislature of Ala bama.'" which enacted the statute, is bama," ns esrils That. however. W is put a. .tate- ment of a fact which the Constitution itself reads into the language used
 as ts s,as of HaSa%a raaHs e ssS ssSt eral departments the Constitution ere ment of see or shs In
 fact, and in legal and constitutional sense, every act passed by the legis- lature of Alabama" Is enacted by the legislature of the State of Alabama" stitution intended to strike down solemn enactments, which In their en- acting clause follow the very words Of the Constitution, because they also use q superfluous word, which only states an undoubted constitutional and legal fact, and which, without the use of the superfiuous word in the enacting clause, the Constitution itself reads into the every act? ...
 On the faith of the authority this statute Is supposed to confer. enter prises have been undertaken. contracts made. and public and private rights asters which would ensue from strik- ing 1t down, are such that no court would do so. for the reason here urged, unless compelled by the spirit as well as the letter of the Constitution. In the absence of any direct decision by the Supreme Court of the State of Ala bama, whose rulings on such questions are binding here. this court will not tA,s s1I the Constitution of Alabama. where the enacting clause uses the very words prescribed by the Constitution for the style of laws, because there Is incor- porated in that enacting clause a super fuous word. whose only possible effect is to state a constitutional and legal fact. which every court must judiclally know Is true of every law enacted by the Legislature of Alabama.
 Amendment of Charter, Valid.
 4 It is next insisted that the pro- ceedings had under the act of March 20, 1903. are void. because that act had been repealed by the act "to confer and limit the powers of business corpora tions and to provide for their organiza- ton and regulation" approved Octo- urged. provides the only legal mode by which the alteration and amendment of the charter of the Traction Company could be had. The Traction Company
 - that act. and had authority, under the act of March 20. 1903. amending Sec ton 12s3 of the Code, and. perhaps. under the act to amend Section lls9 of make alterations in its charter and change its lines and termini What effect the broad and sweeping provls- ions of the act of October 2. 1903. com. would have had upon the existing rights and powers of street railway corr porations. but for the last section of that act, Is an interesting question, and. therefore. controlling words. of that act are, nothing in this act shall be so construed as to add to, take from, or otherwise affect, the rights, powers, tion now existing, chartered under laws special or general of this State." etc. If the act can neither add to. nor take from, or otherwise affect, existing pow work a repeal or withdrawal of any powers of corporations. which were in existence before the passage of the act As to street railway corporations In whatever may be the case as to subse- quent interpretations. the act does not affect their power to amend their charters in the mode provided by pre-
 Had Authority to Accept Deed.
 5. Next. it is insisted that the Trac- tion Company has no right to take or hold a conveyance of the right Of way. for the purpose of transporting passen- gers to and from mere private pleas ure ground, to which only particular class of persons are invited. and whose invitation may be withdrawn at Will. It is argued that 1t is the Traction Companys duty. imposed by law, to impartially carry all persons, and that 1t cannot hold any property which is fin connection with the of this public duty; that as 1t Is not engaged in corporate func- tIon when 1t enters a private park. to carry such persons only as may be in- vited there. 1t can neither lawfully con demn nor hold a right of way to eanrnAa Q street railway in A. nriVata