55 Ala. 468 | Ala. | 1876
“ Municipal corporations,” says Mr. Dillon, “ are bodies politic and corporate, * * established by law, to share in tbe civil government of tbe country, but chiefly to regulate and administer tbe local, or internal affairs of tbe city, town, or district, which is incorporated.” — 1 Dill. Mun. Corp. §9 b.
“ § 10. Corporations intended to assist in tbe conduct of local civil government, are sometimes styled political, sometimes public, sometimes civil, and sometimes municipal; and certain kinds of them, with very restricted powers, quasi corporations ; all these by way of distinction from private cor
“ § 10 a. Civil corporations are of different grades, or classes, but in essence, or nature, they must all be regarded as public. The school district, or the road district, is invested with a certain corporate character, the better to perform, within and for the locality its special function, which is indicated by its name.”
In Dartmouth College v. Woodward, 4 Wheat. 636, Ch. J. Maeshall said : “A corporation is an artificial being, invisible, intangible, and existing only in contemplation of law. Being the mere creature of the law, it possesses only those properties which the charter of its creation confers upon it, either expressly, or as incidental to its very existence. These are such as are supposed to be best calculated to effect the object for which it is created.”
In addition to powers expressly granted to corporations, they can exercise “such implied powers as are necessary and proper to carry into effect the powers expressly granted, and such incidental powers as pertain to the purposes for which the corporation was created. These implied and incidental powers are unwritten, and vary with the varying objects of the corporation.” — Intendant & Council v. Pippin, 31 Ala. 550.
The act “ To establish the Canebrake Agricultural District, to provide for the securing of the same, and the management of its affairs,” approved February 20th, 1866, creates a public corporation, under the rules above declared. Though not technically a municipal corporation, it has much of the character and attributes of such corporation. Its name declares its purpose — namely, an association of persons, for the encouragement and promotion of agricultural pursuits, in what was and is known as the “ Canebrake” region. It was intended to operate over a section of not inconsiderable dimensions, and hence it is called a “ District.” The term “ agriculture ” is defined to be “ the art or science of cultivating the ground, especially in fields or large quantities, including the preparation of the soil, the planting of seeds, the raising and harvesting of crops, and the rearing, feeding, and management of live stock ; tillage, husbandry, and farming.” The variety of products of the earth, of agricultural implements,"and of domestic animals, invited and put oar exhibition at agricultural fairs, attests the comprehen
We think the title of this act sufficiently discloses the subject — the growth, cultivation, and preservation of field crops; and that all the powers granted are cognate and incidental to the one controlling subject. — See Adler v. The State, and authorities cited, at the present term. Whether lands should be fenced; whether stock should be permitted to run at large, or should be kept in inclosures; and a speedy method of preventing the destruction of crops, if animals trespass upon them, are among the obvious inquiries and economics of successful agriculture.
Speaking of this right, Mr. Dillon, in his work on Corporations, § 93, says: “ The citizen owns his property absolutely, it is true ; it cannot be taken from him for any private use whatever, without his consent, nor for any public use without compensation ; still, he owns it subject to this restriction, namely : that it must be so used as not to injure others, and that the sovereign authority may, by police regulations, so direct the use of it, that it shall not prove pernicious to hisineighbors or the citizens generally. * * It is not a taking of private property for public use, but a salutary restraint on a noxious use by the owner, contrary to the maxim, Sic utere tuo ut alienum non Icedas. — Cooley’s Const. Lim. 572, et seq.
It is clearly competent for the legislature to enact, or, by express authority, to delegate to a municipal, or other public
Under the. present charter, there is no want of power. The 12th section of the act declares : “ That, within said district, no person shall permit his or her stock, of any kind or description, to go at large ; and any domestic animal, of any kind or description, found at large, or trespassing, may be taken up, and carried to a common pound; and the owner may reclaim the same, by the payment of such fees and compensation as the said commissioners may in their rules and regulations establish, which they are hereby authorized and empowered to do, and also such damages as any person may have sustained by such animal going at large and trespassing.”
The 13th section authorizes the establishment of pounds; the 14th, the appointment of pound-keepers; and the 16th declares, that the “ commissioners shall have power to pass all such by-laws, rules and regulations as they may deem necessary and proper for the management of their business.” The extent of power conferred by these general words is shown in the case of Intendant & Council v. Pippin, supra. The adoption of suitable by-laws, to carry into effect the provisions of said section 12, was and is clearly within the purview of their powers, expressly conferred.
We are not informed by the record in what manner the elections for commissioners were conducted, after the fourteenth amendment became operative: whether the elections were made solely by white male persons, resident landowners in the district, or whether the color-line was regarded as obliterated. If, in the conduct of the elections, the ballot was accorded alike to white and colored land-owners, such election, properly conducted, would stand the test of the severest judicial scrutiny, even when assailed by a direct proceeding for that purpose. In popular elections, held at the time and place, and by the officers required by law, the main inquiry is, in whose favor was a majority of legal votes cast ? The statutory expressions as to all other questions are more or less directory. — See Leading Cases on Elections (.Boilectu’s case), 270; State, ex. rel. v. Judge 9th Cir., 13 Ala. 805; Cooley Const. Lim. 623. This question, however, is not before us, for no direct proceeding was instituted to test the legality of the election.
The witness Stickney says, he, “ as president of said board, established a pound at the Winn place, in Hale county, and appointed J. C. Webb pound-keeper thereof, and issued and sent to him the commission” attached to the bill of exceptions as “Exhibit C.” The commission thus attached reads as follows:
“Greensboro, Ala., Feb. 2d, 1874. To J. C. Webb: A pound is hereby established at the Winn place in Hale county, Ala., and you are hereby appointed pound-keeper thereof, by order of the board of commissioners of the Canebrake Agricultural District. C. L. Stiokket, pres, of board.”
The board, at its meeting in April, 1867, had resolved, “ That the president of the board of commissioners of the Canebrake Agricultural District shall have the power to establish pounds and appoint pound-keepers in localities, when petitioned by the residents to do so.” The record discloses a petition, bearing several names, addressed to C. L. Stickney, asking the establishment of a pound at Winn’s place, and the appointment of Webb as pound-keeper. There appears to have been an entry on the minutes of the board, as follows: “Application for pound by John C. Webb, granted, Jan. 8, 1874.”
This evidence is clear and undisputed. It shows that the establishment of the pound, and the appointment of the keeper thereof, were done by the president, and not by the board. The bill of exceptions informs us, that it contains all the evidence; and what we have stated above, is all that
The 14th charge asked and refused is in the following language : “ If the jury believe, from the evidence, that the defendant (Webb) found plaintiff’s cattle (sued for) on his oats, and that said Webb pounded said cattle upon his lot, and five (5) days afterwards drove them, or caused them to be driven, to Demopolis, for the purpose of selling them ; and that while said cattle were in Demopolis, plaintiff caused the writ in this action to be served on defendant, — then any commission to said Webb, as pound-keeper on the Winn place, issued and directed as adduced in evidence by defendant, will not prevent a recovery in this case.” This charge simply postulates a set of facts, within the purview of the evidence, that would give to plaintiff a prima facie right to recover, and then affirms the invalidity of Mr. Webb’s commission, as a justification for the detention of the property. It should have been given.
We do not think the Circuit Court erredinrefusing the other charges asked, but we deem it unnecessary to pass them in review, and point out the varying reasons. To do so, would swell this opinion unnecessarily. The questions presented by them will not probably arise on the next trial.
6. The objection to the evidence given by the witness Stick-nev, was only general, to a mass of evidence, much, if not the whole of which, was legal. The grounds stated for the objection were but the specification of reasons for excluding the whole of his testimony. Such obj ection, and exceptions furnish no ground for reversal. — 1 Brick. Dig. 558, § 122. The other objection to the introduction of evidence were not well taken.
For the single error above pointed out, the judgment of the Circuit Court is reversed, and the cause remanded.