The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1905-02-01
GENERAL ELECTION
LAW IS UPHELD
Montgomery County Officer
Cannot Hold Over
MILLER ALSO MUST QUIZ
Walker county's Treasurer Must Give
Way to the New Man-Justices
In Mobile Win
MILLER ALSO MUST QUIZ

the case of @. w. CoVington VS.. ). A.
Thompson, from the city court of Mobile,
reversed and rendered, the supreme
court today reaffrmed the principle that
the officers of the counties whose terms
of office expired under the old law prior
to the election day, November s. last, and
who claimed they had a right to hold
over under the wording of the old law
until the time specified next after their
election" had no such right. This is so
where there is a local law as well as the
general statute, as was the case in the
cause of Prowell VS. Hasty from the cir
cult court of Marengo county. The real
importance of the decision, however, was
the UNFOLDING of the general election
law, which was done. 1t is held that the
election law is good even if 1t does ex-
cept certain counties which have local
provisions.
In the case of Covington VS.. Thompson,
the question was whether the former had
a right to hold the office of superintend-
ent of education of Montgomery county
after his term had expired, by the word
ing of the old law, which said the new
man was TO assume office ION October l.
next after election" This was in the
code when the time of choosing officers
was in August and was not changed when
the constitution made the election day In
November. The Attorney General ruled
that the term of the old man was out and
the new man had a right to go in as soon
as he was elected and qualified, which
opinion was upheld by the supreme court
in the Prowell VS. Hasty case from Maren-
go county. The court has also held ex-
actly the same thing in a case handed
down today from Walker county, where
E. w. Miller the old treasurer, attempts
to hold over hut must now give way
to Hugh Morrow, the new man. Judge
Sayre of the city court of Montgomery,
took the position that the local law gov
erning the Montgomery office gave some
room for play, but this contention is not
upheld.
Liberal Construction.
The opinion is written by one OF the
new judges, Simpson, and concurred IN by
Chief Justice Mcclellan and Justices Ty-
son and Anderson. In its position on the
question of the constitutonality of the
general election law there is something
more of a liberal position taken than
has been the case recently in dealing
with questions arising on the validity
of laws The point had been made that
the general election law was not good
because it excepted counties with local
laws therefore not applying to the whole
state alike This Is met by the asser-
ton on the part of Justice Simpson, that
such provision is all right, and quotes
largely from decisions in other states.
constitutions are made" continues JUS
tice Simpson, for practical purposes and
not merely for the exercise of critical
gymnastics, and In the construction of
them we are to take into consideration
~. comfy tod hn
stitution makers, and we are if possible
to give the instrument such construction
as will carry out the intention of the
trainers and make 1t reasonable rather
than absurd
Here is given authorities from several
pages of opinions in other states, after
which the Justice contends that at the
time of the passage of the new consti-
tuition many wise local laws existed and
that the makers provided for other local
laws indicated that they recognized their
worth and intended to keep up the pro-
visions.
Some Absurdlties.
Arguing the absurdities to which, such
construction would lead the courts, the
opinion proceeds I'VE could not pass any
general law to protect the pine forests of
Alabama because there are no pine for
ests in some of the counties; we could
not egislate in regard to public schools
in the counties of Alabama because Mo-
bile county is by the constitution except
ed. Nor could we enact any law in re-
gard to railroads in Alabama because
there are political subdivisions of the
state which have no railroads"
1t Is, therefore. concluded that the gen.
era1 election law is good even If section
| 106 does except out of its general pro-
visions these localities which have
special election laws as to certain Of
| ficers.
Justices Win Out.
In the case of Afford Hicks the right
of the legislature to give the inferior court
of Mobile county civil Jurisdiction, taking
the same from the justices of the peace
was attacked and denied The court holds
that no such law was legally passed and
that the justices of the peace are en-
titled to their places. The law fell down
on a peculiar situation. The notice to
have it passed went on TO say that the
Jurisdiction would include all matters up
to $2G0, which was contrary TO the con-
stitution, which allowed only jurisdic-
ton to 800 When the bill was passed.
however, 1t placed the amount at 500,
but the fact that the notice made 1t $500
was enough to knock 1t out. Justice Tyson
took the position that the notice purport-
ed to establish a law that was unconsti-
the same fro mthe justices of the peace,
the citizens of the county did not OPP
pose 1t because such was the case.
List of Decisions.
The following was the full list of de-
cisions handed down today:
Mcclellan, Chief Justice: Birmingham
Railway. Light and Power company vs.
Josephine Agan, appeal from Birmng-
ham city court. affirmed.
Tyson. Justice: Jules E. Afford, ct al
VS.. Nathaniel NJ. Hicks, appeal from Mo-
bile chancery court, affirmed.
Erastus Miller VS.. Hugh Morrow, APP
peal from Walker circuit court, affirmed
Simpson. Justice: State of Alabama
ex rel, G. W. Covington, vs.. J. A.
Thompson, appeal from Montgomery
city court, reversed and rendered.
Southern Railway company VS.. AL
dredge & Shelton. appeal from Etowah
circuit court. reversed and remanded.
Anderson, Justice: George A. Dennis
ct al VS.. Ida s. Currie, appeal from
Autauga chancery court. appeal dis
missed.
Mary f. Rande ct al vs.. Leona N
Daughdril ct al. appeal from Cherokee
chancery court. reversed and rendered.
Albert Driscoll VS.. The State of Ala
bama, appeal from Montgomery city