The Birmingham age-herald., 1915-10-01
BESSEMER HAS NO
 RIGHT TO SEPARATE
 OFFICES OF COUNTY
Continued from Page Five)

tGOnILnueQ 1rOm F0&e FlYel
 laws bearing upon the matters with which it deals
 "The act under consideration here is broader than the Blount county act for 1t applies to all county offices, so effectually, that no county business arising in that part of Jefferson coun- ty over which the circuit court to be held at Bessemer, has Jurisdiction, can be transacted elsewhere than in that part of the county. Must Not Remove County Seat "At the time the Blount county law was enacted in 1893 there was no pro- vision in the constitution inhibiting such legislation. In making the consti- tuition of 1901 section Al, new section was added which provides that nc county seat shall be removed except by majority vote of the qualified electors of said county etc. In con- struing this section of the constitution in the case of Merchants National bank of Lafayette vs. M. c. McNaron, ct al. 172 Alabama, on page 474, Justice Me- Clellan uses this language: The argu- | ment that approval of this act, as as- sailed, must logically result in the up- holding of future acts, whereby all oth- CT county governmental agencies, one of more at the time, may be placed for
 exercise of authority elsewhere than at the county sites, and so without the
 sanction or change of courthouses or
 county sites, is we think, but the sug- gestion of mere apprehension of an abuse by the legislature, of a sound
 construction of our organic law. If the removal of a courthouse or county site
 was attempted to be accomplished by subtifuge, where by the mere build ing was left a tenantless relic of once e a h1icbad n county ROVarnmaDt there would doubtless be no hesitancy in condemning such an act or acts as a vain effort at evasion of the restric- tions of sections Al and 104 of the con- stitution.
 Tn the above excerpt Justice McCle.- Ian intimates that the attempt to accom- l plish a change of the county seat by eva | sion of the requirements of section Al of | the constitution would be condemned. "The act under consideration is clearly a change of the county seat in so far as people who reside in that part of the county Is concerned, for they are prohibi- ted from transacting their county business elsewhere than in that part of the coun- l ty. Indeed, the act is so broad and So comprehensive that it actually in effect creates a new county in that part of the couny in name and in the matter of draw ing juries and it is believed is in viola tion of section 39 of the constitution for the part of the county over which said circuit court to be held at Bessemer ] has Jurisdiction is less than 600 square miles in area. Griffin vs Carter, 11s Ala bama, page 165
 But One Subject
 "It is also thought that the act is ir violation of section 45 of the constitution | of 1901, which provides: Each law shall | contain but one subject. which shall be clearly expressed in its title. The title oi the act under consideration requires all | county officers to maintain offices and clerks in that part of the county. The
 title also prescribes and regulates instru- | ments recorded thereat. It Is believed | that matters pertaining to the regfstra-