56 So. 102 | Ala. Ct. App. | 1911
When this case was called for trial in the court below the defendant (appellant here)
The objection touching the manner of passing the act in question rests upon the claim that, relating, as it did, to a subject not designated by the Governor in his proclamation calling the Legislature to meet in special session, it was not passed fay “a vote of two-thirds of each house,” within the meaning of the requirement to that effect of section 76 of the Constitution of 1901. The fact is brought to the attention of the court that the journal of the House of Representatives (House Journal, Special Session 1907, p. 254) shows that the vote on the final passage of the bill was, yeas, 65, nays, 0; and the claim is that that vote was insufficient for the constitutional' passage of the bill, in that 65 was less than two-thirds of the membership of the House, which was composed of 105 members. To sustain this objection it is necessary to reach the conclusion that the words “each house,” as used in section 76 of the Constitution, referred to the entire membership of each house, and that at a special session of the Legislature a bill on a subject other than one designated in the proclamation of the Governor calling such session cannot become a law except by a vote of two-thirds of the members entitled to participate in the proceedings of each house.
The Constitution of this state contains within itself evidence that its makers, in using such expressions as the one now under consideration, tacitly recognized the existence of the rule of construction stated in the authorities above cited. The provision (Const. § 52) that “a majority of each house shall constitute a quorum to do business” is to, be given such effect, certainly for the ordinary purposes of legislation, that, on. a question whether there has been a compliance by either house with a requirement of the Constitution relating to its legislative action, the majority of such house present at the time is to be regarded as the body referred to as one of the branches of the Legislature; in other words, when the Constitution refers to either house of the Legislature, it means no more than a majority of the members of such house present and taking part in its action.
In view of the provision above quoted, it could not, with any plausibility, be contended that anything more than the vote of a majority of the quorum present would be required for effective action under the provision that “each house shall choose its own officers, and shall judge of the election, returns, and qualifications of its members” (section 51) ; or under the provision that “each house shall have power to determine the rules of its proceedings, and to punish its members and other persons for contempt,” etc. (section 53) ; or under the provision that “no bill shall become a law unless on its final passage * * * a majority of each house be recorded
Tbe act of tbe Legislature, which is brought into question in this case, is tbe act “to amend an act to amend section 909 of the Code of 1896, approved February 28, 1903, so far as tbe same relates to the times of
The claim of the plaintiff (the appellee here) to the seed cotton alleged to have been converted rested upon a crop mortgage executed to him by one Alex Bankhead on the 11th day of March, 1909. At that time the mortgagor did not own any land, and did not have any land rented or contracted for upon which to make a crop during that year. The cotton in question was part of the crop made by Bankhead in the year 1909 on land which he rented after the date of the execution of the mortgage. It is a. familiar rule in this state that a mortgage of crops te be grown in the future does not create a specific lien upon or title to such crops when grown, unless, at the time of the execution of the mortgage, the mortgagor owned or had some interest in the land upon which the crops were grown.—Windham & Co. v. Stephenson & Alexander, 156 Ala. 341, 47 South. 280, 19 L. R, A. (N. S.) 910, 130 Am. St. Rep. 102; McNeill v. Henderson & Hill, infra, 55 South. 269. It
Reversed and remanded.