The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1908-03-18

legislation ana regulation with respecs
% local and internal concarns" GO
A. and =. Ency. Of Law, 2nd Ia. f0s0).
In Horton vs. Mobile School Com
rnissioners. - Ala. SOS, our Supreme
Court considered the question OF wneth-
sr the special statute governing the
6oard o. Mobile School Commissioners.
corporate body having control OF the
schools OF Mobile County. was saved
from repeal by section OF the revenue
law reading az follows.
That all laws or parts Of laws. Of o
general or special character. except
those enacted for municipal purposes.
upon the subject Of taxation In this
State. be, and the game are hereby, re-
pealed." 80
And the court said: .sThe word .nnu-
defined technical meaning. nor does
the language OF the revenue act seem
to confine it's import to any very mar
row bounds. 1t is evidently used In
general and not particular sense. The
Legislature was aware that II did not
apply solely to incorporated towns and
cities; but that 1t was equally appl.ca-
BILE to incorporated bodies organized
for the accomplishment of great and
important public purposes, which. for
the sake Of entity and successful admin
istration. needed Q body corporate, and
special laws for It's management.
"Municipal has been DENIED to be
that which belongs TO corporation. or
city. and to include the rules or laws
by which q particular district, COM
munity or nation 10 governed.
Any Of these exposit.ons' Of the word
municipal. will. without any strain of
construction, let In the corporation con-
stituting the appellees in this suit"
(43 Ala. s07). And the court held that
the laws governing this Board were
not repealed by the repeating section
OF the law above referred to.
In ex parte Selma and Gulf Railway
Company. as Ala, $50. 1872. this express
sion IL found in the opinion of the
court: 1T can hardly be denied that q
county is a municipal corporation
And the court held that counties of the
State were included within the term
municipality as used in Section rs of
Article I OF the Constitution Of 1858,
which Is as follows:
THAT private property shall not be
taken or applied for public use, unless
Just compensation be made therefor;
nor shall private property be taken
for private use or for the use Of cor
porations. other than municipal. with
out the consent of the owner"
In billiard VS.. webb. IS Ala, 4ss, the
court said. quoting from / Dill. Mum.
Corp, Sec. 8 B.: Municipal corpora
tions are bodies polite and corporate,
established by law 10 share in the civil
government of the county, but chiefly
to regulate and administer the local. or
internal affairs of the city, town, or
district, which IL incorporated"
have not found any other express
sion in the Alabama Reports on this
question. have examined q number
Of cases from other States and the
- ID
OF the word municipality which Will
include a county. quote the follow
ing from Durach's Appeal, SO Pa. State,
municipalities. such as counties.
cities and boroughsr are public corpora
tions created by the Government for
political purposes"
plainly expressed, namely, to permit
the carriage. storage or handling OF
property OF the Government agencies
free or at reduced rates. No reason Is
apparent why a county should not be
included within the terms OF the Act,
and II is my opinion, and so advise
you. that the term municipal as here
used must be considered and held to
include the several counties OF this
State.
l remain, Yours very truly,
Alex. M. CARRIER,
Attorney General.
II is predicted that II the Railroad
Commission proceeds IN the future on
this opinion, and II IL believed they
will do so. since they asked for It as a
guide. several applications win be made
to the railroads for rate concessions
for hauling material into the counties
for Improvement OF public roads.
The question of good roads IL to be
an important issue in the general cleo
tion next November. At that time a
State at large on the proposed consti-
tut:onai amendment allowing proceeds
from the State convicts to be used
among the several counties in building
and improving the dirt roads.