The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1905-02-06

~ ~ Tue manner of eleeting the judge ana
ie raise IN his salary And it seems
" me further, that in order to have an
ec' aihehdatory in terms of another act
Vi section thereof. 1t should be accom-
panleu with proof of notice, which, in
ms referred to the act to be amended,
''liu = cannot see how section 107 of the
constitution can be otherwise construed.
ati No 36a did not merely re-
enact the provisions of section of the
o'sinal act with a change In the method
Vi eleeting the judge and a raise in his
salary so that the case is not even that
favorable to the validity of House bill
NO 1863. For, in addition to making the
change as to the method of election Of
the Judge and raising his salary, the
lhaplllty of the Judge to hold court.
AFTER pointing out that only two of
these twelve amendments were adver-
used, Mr.. Smiths letter continues;
House Bill 369 Void.
alt seems to me that In considering
these matters there can be no two opin-
Ions but certainly as to all of these adj
ditional amendments of section , of the
original act house bill 1863 is void and
Will be declared so by the courts with
out question, undes tie provisions of sec
ton LOG of the constitution.
Some of these provisions. such as spec
ifications c and e. are probably also in
conflict with paragraph IS of section 1O4
OF the constitution above cited.
Little VS.. State, 80 Southern Reporter
p. 1874
81 do not believe the notice and proof
covered even the re-enactment - those
provisions of section of the original act.
which are included in house bill 1863, con-
sequently the validity of the act is more
than doubtful to my mind. 1t might be
contended, however. that those proyi-
sions in house bill go which were covered
ir the advertisement were valid, even
though the other provisions contained in
that act We're invalid.
Whole Law Void.
Section JOG says that the courts shall
pronounce void every loc1l act which the
journals do not affirmativey show was
passed in accordance with the provisions
of section LOG as to notice and proof. l
think the supreme court will hold under
that section, where one or more provi-
sions OF a local act are invalid and 9TH
ers are valid, even though the latter may
stand alone, that the whole law is void,
although | am aware OF the long line or
decisions which under the old co1sttu-
ton and under the constitutions of other
states holds that where parts of law
are invalid mad other parts valid, and
where the valid parts may stand alone,
the latter will be enforced. In other
words, 1 believe that under the provi-
sions of the constitution quoted the
courts will hold a defect in the local law
as to notice and proof and spreading the
same on the journals Will invalidate not
part of the bill. but the whole thing.
But even If this were not the case, please
notice that the title to house bill 1863 Is
to amend section of the original act,
and the body of the bill reads in part as
follows:
"Be it enacted by the legislature of
Alabama:
Section l. That section of an act en-
titled An act to establish an inferior
court, ETC., approved February Il, 1895,
be amended so as to read as follows:
Section ?, House bill 1863 provides that
all laws and parts of laws in conflict with
the provisions of this act are hereby
repealed. Consequently. to hold all other
provisions of House bill 1863 invalid. ex-
cept the raise In salary and the change
i'm the method Of eleeting the judge, would
be i'm effect to extinguish some of the
most important provisions In reference
to the Judge All OF those provisions of
the original act which ! have above out
lined would be repealed, and we would
only have in existence a section of the
original act, amended, so as only to pro-
vide for the election of a judge by the
qualified voters of the city of Birming-
ham. and whose salary would be 81. 400
a year. All his powers and duties, etc,
would not be set out and the court would
practically be abolished In other words,
| do not think. in the form in which
House bill 1863 was introduced and pass