Floyd v. StateFloyd v. State
- Reporters:
- , ,
- Before:
- Brown
By act approved September 20, 1915, the Legislature repealеd all statutes providing for prosecutions for failure to work on the public roads embraced in the Code and acts amendatory thereof (Acts 1915, p. 623) ; and by act approved September 22d (Acts 1915, p. 573) conferred upon the courts of county commissioners and boards of revenue of the several counties in the state broad powers to provide for the establishment, discontinuance, construction, use, working, and maintenance of the public roads, bridges and ferries of the sеveral counties, and the act provides: “To this end they are given lеgislative, judicial and executive powers, except as limited herein. Courts of county commissioners, boards of revenue or courts оf like jurisdiction are courts of unlimited jurisdiction and powers as to the construction, maintenance and improvement of the public roads. * * * Thеy may establish, promulgate, and enforce rules and regulations, makе and enter into such contracts as may be necessary, or as mаy be deemed necessary or advisable by such courts or boards, tо build, construct, make, improve and maintain a good system of public roads, bridges and ferries in their respective counties, and regulate the use thereof.”
Section 2 of the act makes the violation of “аny rule, regulation or law which may be adopted or promulgated” by suсh court or board a misdemeanor and prescribes punishment therefor.
The questions presented and here argued are: First, can the Legislature delegate to such government’ agencies the authority *656 tо make and promulgate rules and regulations, the violation of which сonstitutes crime? This question is fully answered in the affirmative by the following casеs: Whaley v. State, 168 Ala. 152, 52 South. 941, 30 L. R. A. (N. S.) 499 ; State v. McCarty, 5 Ala. App. 212, 59 South. 543.
The second question is: Does this record sufficiently show that the powers conferred on the board of revenue of Monroe county by thе statute were authoritatively exercised, so as to justify the prosecution of the defendant for a violation of the rules promulgatеd by the board? Section 5 of the act approved Septembеr 25, 1915 (Loc. Acts‘1915, p. 394), establishing the board of revenue, provides that: “The sаid board of revenue shall hold four sessions annually, viz.: On the second Mondays in February and August, and the first Mondays in April and November of each calendar year.”
The minutes of the board of revenue offered in evidence recite the following:
’ “Board of Revenue, November Term, 1916. The fоllowing rules, regulations, and laws affecting, governing, and controlling the public roads of Monroe county are hereby established, promulgatеd, declared, and enacted by the board of revenue of said county, on this the 3d day of November, 1915.”
Then followed the rules so adopted and promulgated, after which was the entry: “Ordered that this regular meeting of the board be and the same hereby is adjourned until Tuesday, the 16th day of November.”
Affirmed.