*1
REPORTS
205 ALABAMA
prohibitions,
mandates,
ous
or limitations
South. 375)
(87
though
501.)
results
(3
the violation
Div.
et al.
CRAFT
JOHNSON v.
good
promotes a universal
or
greatest
3,
(Supreme
Feb.
1921.
Alabama.
Court of
benefaction.
1921.)
24,
Rehearing
Feb.
Denied
<@=316—Construction not
8. Constitutional law
Key-
New,
&wkey;>!/2, voi. 4
law
1. Constitutional
by public
influenced
sentiment.
law,
supreme
sub-
Series—Constitution
No.
permit public
cannot
sentiment
The courts
ject only
Constitution.
federal
to influence the construction of the Constitu-
law,
supreme
Constitution is
The state
tion.
resulting
only
from
restraints
<©=>i/2,
Key-
New,
9. Constitutional law
voi.
States.
of the United
Constitution
of violation of Constitu-
No. Series—Product
<&wkey;>5 of amend-
law
2. Constitutional
—Modes
nullity.
tion is a
prescribed
are exclu-
Constitution
ment
penalty for
The
Constitu-
violation of'the
sive.
product
nul-
tion
that the
of the offense is a
body,
offi
commits to
Constitution
The
lity.
power
apy authority
cer-,
to
agent
or
whatever
or
&wkey;>7
10. Constitutional iaw
—Failure
op
suspend
change, modify,
or
or
effect
fix date
lature to
for election
amendment
prohibitions,
but
its mandates or
eration of
vote, etc.
not cured
favorable
prescribes
modes
exclusive
sections 284r-287
by
p.
propos-
1919,
787,
of Acts
The failure
amended,
or its
be
or
altered
ing
the road bond amendment
the Constitu-
operation changed.
effect and
tion,
fix the
for
on such
date
the election
<&wkey;>6
respect-
Constitutional law
3.
—Provisions
by lapse
time,
amendment, is not cured
ing
mandatory.
are
participating
vote of the
the favorable
electors
2S-A-287,
1901,
§§
of Const.
election,
by any
or
action taken
under
mandatory,
providing
are
amendment.
binding
people
directory, and
not
are
<&wkey;!/2,New,
Key-
11. Constitutional law
4voi.
every department,
themselves, and' conclude
body, officer, and
People
bound
No.
Constitu-
Series—
authority
agency
under the
only change
pre-
tion,
can
it in
manner
of the Constitution.
scribed.
<&wkey;7
Legisla-
law
4. Constitutional
of—Power
themselves
bound
propose
must
be exer-
ture
cised in mode
and, being
bound,
power-
so
aro
prescribed.
less,
numbers,
change or
whatever their
Legislature
power of the
under Const.
except through
mandates,
thwart its
tutional
to
a consti-
1901,
a
2S4-287,
propose amendments, is
§§
convention, By
according
or
power
particular special
possessed
not
prescribed,
through
mode therein
through
grant
Legislature, otherwise than
right
exercise of
of revolution.
itself, and can
exer-
the instrument
<@=37 fixing
12. Constitutional law
prescribed.
—In
mode
cised in the
Legislature
exercising
election,
is- not
law-
<&wkey;7— proposing
law
In
5. Constitutional
making
delegation
power,
as to
within rule
Legislature
exercising
amendments,
law-making power.
is not
powers.
appointment
Const.
§
Under
proposing
In
amendments to the Constitu- by
an election
of the date for
284r-287,
under sections
on a
amendment to the Constitution
power
exercising
not
make
laws.
separated
proposal
from the
cannot be
amendment,
the
red on the
<&wkey;7
amend-
law
bond
power
date,
6. Constitutional
—Road
to fix such
fixing
legally adopted,
ment
not
because
propose amendments,
held
power
is confer-
for election
Governor.
entity,
date
left
not
as an
law-making capacity
providing
within
its
the
the rule
Const.
Under
§
making laws,
delegation of
discretion
proposing
or-
amendments shall
especially
general
view of
der an
to be
at the
elec-
held
proposing
day ap- 287,
succeeding,
no act or resolution
another
tion next
pointed by
ments to the Constitution
be submitted
less
not
than three
approval
adjournment
of the Governor.
the final
months after
power
appoint
session,
date for the
<&wkey;l9
iaw
unam-
13. Constitutional
—Plain
delegated
election cannot be
and as Acts
biguous provisions
cannot
p.
proposing
an amend-
changed by contemporaneous construction.
providing
ment
be known
article
Contemporaneous
practices
construction or
bonds for
construction
for the issuance
interpretation
of an
otherwise
illustrative
highways, etc.,
fix
not
date
of state
did
plain
unambiguous
according
intent
the Governor
tho
employed in the
can-
terms
days
from final
should
adjournment,
election after 90
call
heeded, to
the end
consulted
legally
the amendment
unambiguous provisions may
plain,
de-
adopted,
is not a
Constitu-
their
effects.
intended
avowed
flected
tion.
<&wkey;7
Rehearing.
law
On
14. Constitutional
—Amendments
act or resolution.
<&wkey;45— Supreme
Court
Constitutional
-amendments
Constitu-
to condone violations of the
not authorized
284r-2S7, the
sections
tion under
may
Constitution.
or resolution.
act either
on the
No
is conferred
Gardner,
Thomas, JJ.,
Somerville,
dis-
judges
Supreme
forgive,
Court or its
senting.
plain, unambigu-
done,
euro violations of the
Key-Numbered
topic
Digests and Indexes
in all
<gz=>For
same
and KEY-NUMBER
other cases see
*2
JOHNSON v. CRAFT
(205 Ala.)
Court, Montgomery
Appeal
following
from Circuit
“Section 2.
of
That
Jones, Judge.
the Constitution
County;
of Alabama is
to be
Walter B.
qualified
submitted
of
state
to
electors
by
Jr., against
Johnson,
A.
John
Bill
M.
rejection
for their ratification or
tion to be held and called
at an elec-
constituting the Alabama
Craft and others
by
the Governor aft-
Commission,
enjoin
Highway
the is-
State
ninety days
adjournment
er
from
of
the final
good
a
From de-
roads bonds.
suance
this session of the
of which the
overruling
bill,
proposed,
,.pom-
demurrers
amendment is
as
cree
which amendment
follows,
appeals'.
to wit:
and remanded.
Reversed
XJlainant
“Section S. Article XX.
1—-A.
Section
That
establishment,
Statement of the
for the
nance
Case.
construction and mainte-
permanent,
complete
excellent and
by
bill,
Montgomery
a
of
This
filed
citizen
system
highways, public
of state
roads and
county,
taxpayer
owner,
a
and automobile
bridges in this state serviceable for three hun-
injunctive relief
restrain
the State
seeks
Highway
sixty-five days
year,
dred and
and
and its
Commission
members and enable the state
appro-
to secure the national
observing
giving
agents from
and
effect to priations
public highways
for
there shall be is-
commonly
called and known as the
by
what
sued and sold
the state of Alabama inter-
est-bearing negotiable
bonds,
amendment to the Constitution of
road bond
state
not to ex-
twenty-five
purporting
ceed the sum of
($25,000,-
submit
Alabama —the
million
000) dollars, that said bonds shall
bear inter-
to the Constitution of
est at
exceeding
per
rate
of not
published
five
Alabama, being
centum
General
Acts of
per
payable
annum,
annually
s'émi-annually,
or
7S7-791,
act,
1919, pages
inclusive. The
serially
shall
mature
otherwise
less than
entirety, reads:
forty years
three or more than
from the date
qualified
act to submit to the
“An
electors
issuance,
payable
of their
shall made
out of
special election
state at a
to be held
this
at
bridge
the state road and
fund which fund is
ninety
the call of
Governor after
purpose,
executed,
created for that
and
shall be
sold
adjournment
Leg-
days from
final
delivered
behalf of the state from time
for their consideration of an
islature
time,
shall be of denominations of ten dol-
purpose
Constitution for
ment to the
up
dollars,
lars and
to one thousand
and mature
authorizing the
and
state
establish
may
determined,
approval
system public
highway
maintain a state
roads and
bonds therefor
collection
highway
commission
bridges,
bearing
to issue interest
highway
who shall also be
bond commission
levy
and
authorize the
acting by majority
proceedings
vote with all
of automobile
other motor
together
approv-
for such conuhission
with the
taxes
the state for said
vehicle
driven
thereto,
writing
al of the Governor
reduced-to
provide
Xiurposes
for
and to
the establish-
record,
regis-
and
made
and the record and
highway
said
ment and maintenance
state
duly deposited
tration of said bonds shall be
bridges
system, public
according
roads and
kept
the office of the state treasurer and
Legislature may
regulations
as the
him;
Governor,
signed by
that said bonds shall be
may
prescribed
prescribe.
hereafter
treasurer,
state auditor and state
Legislature of
it’
Ala-
enacted
“Be
great
and shall have the
seal
by
state at-
bama:
thereto,
secretary
tached
attested
“Section 1. That whereas
time has now state,
coupons
sign-
the
the
shall be numbered and
people
come
and
this state
construct
ed
state
treasurer. Said bonds
perma-
complete
properly maintain a
and
exempt
county
state,
municipal
and
taxes:
system
highways,
state
roads and
defray
nent
bridges
Provided, however,
signa-
that the
simile
fac
provide
and
means
coupons
tures
the interest
of said bonds
constructing
maintaining
and
same
cost of
lithographed
signing;
in lieu satisfactory
perpetually and in a
manner to
obligation
said
state
bonds shall
the direct
requirements
public
meet
and
travel
payment
for
and
thereof the full
delayed
large
traffic, and also
to secure
hereby
faith
credit of
and
the state is
the
irrevo-
appropriation
purpose
for said
nation-
cably pledged
proceeds
derived from
aripropriation
government,
al
duly
ed States
has been
deposited
the sale of said bonds shall be
Congress
acts of
of the Unit-
treasury
kept
separate
’state
in a
fund
public high-
the construction of
exclusively
defray
shall be
constructing
used to
cost
bridges
ways, roads and
on condition that the
maintaining
highways,
said
proper
shall furnish
amount
state
public
bridges
roads
of the state. The said
purpose
appropriation
of
of
able,
been laid out
the counties
for said
before the
par.
bonds shall be sold at not less than
B.
government shall
national
become avail-
That for the
securing
prompt
highway system
and whereas
state
payment
principal
up
state, connecting
and interest
in this
said
provide
sinking
bonds to
together,
therefor,
fund
the same have been
place sufficient
approved
revenue
said state road
and the state
bridges fund,
defray
department,
highway
but has
the cost
of con-
been built
structing
maintaining
highways
and maintained nor meet
the demands made
public
ly
bridges
means,
continuously
roads and
high-
it for
lack
whereas the
important
serviceable
matter
condition
most
before the
that a
state license
popular
at this
tax
all automobiles
de-
motor driven vehi-
hereby
authorized
a determination as to
cles is
to be
mands
what meas-
levied
col-
provide
complete,
privilege
taken
ures shall be best
on all such vehicle
lected
license tax
system
permanent
public
high-
excellent
now
levied
hereafter be levied
ways
every
description
for this
now therefore:
law of
kind and
shall be
REPORTS
ALABAMA
following
adopted
bonds,
amendment be
exclusively
payment
‘Shall
of said
used for
sinking
creating
Alabama.’
XX
principal
interest,
article
That
Constitution of
holding
shall be
said election
maturity
the officers
the remainder
fund
and
public
for their
appointed
same
highways,
same and shall be
roads
of said
the maintenance
*3
by
provided
highway manner
the
officials as
and
same
bridges
state
and
the
and
extension of
by
ment
in
in
appoint-
for
the election
of the state
hold
the
may
county
bridges
system,
built
national
bridges
be
roads and
that
general
officers
elections
of
by
the
and
and
and maintained
the aid of
state
held
and
shall be
the state
the election
government,
state roads
gov-
respects
in
law
constitu-
with the
all
accordance
by
may
aid
be built
maintained
the
and
general
erning
and
with the
elections
government,
of the
state roads and
tained
state and national
provisions concerning amendment to that
tional
instrument.
bridges may
built
main-
be
and
That
cast a't
elec-
the
said
votes
county
the aid of
and nation-
the
canvassed,
counted,
and returns
tion shall be
government,
highways,
al
and
roads
said state
secretary of
state
thereof
bridges
be
shall
constructed and maintain-
representa-
as in elections
by
highway department,
same manner
tives to the
ed
state
all
the
and
Legislature.
moneys
The result of said
of said bonds
derived
the sale
by proclamation
expended
highway department
be
known
shall
as
to
election shall made
of
be
the
may
approval
of
direct
the
the Gov-
if a
all the
and
of
the Governor
highway
ernor. O. That the state
commission qualified
who
at
election
electors
voted
said
highway department
locate,
or
and
shall
construct upon
shall
voted
amendment
the
highways
maintain,
the
or state trunk
said
‘Yes’
from the date of
said amendment
county seat with
each
roads so as to connect
proclamation
purposes
shall
valid to
intents
be
adjoining
by
county
of
counties
seats
the
part
the
the
permanent
public
Constitution of Ala-
as
by a
feasible
most
route
direct
most
as
6.
article thereof.
bama and
regard
having
,of
the
due
expenses
route
elec-
That
the
“Section
county
and to
seats
provided
welfare
connect
for and the
tion herein
costs
at or
border counties
near the
of the several
publication
the state
paid
of
shall be
out
notices
public
in
border
treasury
with a
road
state line
in the same manner as the
into
divided
general
paid.
states: Provided that
counties
expenses
elections are
of other
regular
judicial
of which
beginning
two
terms of the
divisions
each
fiscal
At
each
“Section 7.
held,
places
circuit court
highway
require
year
commission shall
the state
held,
be
terms
court are
shall
where said
connected
of
engineer
highway
to make a statement
the state
in
duty
It shall be
with each other.
writing
the state treasurer of all monies
to
state
highway
highway
said
commission
state
department
highway
re-
which the
equitably apportion among
department
several counties
carrying
quire
depart-
on
the work
this
expenditures of
both mon-
year
coming
the amount so esti-
ment for the
making
ey
times of
labor and
time or
highway
the needs of the state
mated as
partment
de-
investments; said roads to be constructed
such
and maintained
counties.
be then set aside
shall
expense
without
the several
exclusive use
the state
treasurer
G. That
this amendment
surplus
department.
highway
All
left over
foregoing provisions
when
thereof
ratified
treasurer from
sale
hands of the state
people
self-executing
the
further
pass
without the aid
placed
shall
in-
licenses
be
at
motor vehicle
legislation, but the
shall
a bank
banks
state of Ala-
deposit
terest in
bama. The state
necessary
as it
deem
such laws
shall
treasurer
these
this,amend-
secure the
benefit
full
and effect
highest
offering
bank
interest
funds in the
for the use of
at
ses-
ment
Either
this
to the Constitution.
money
more than
and where
possi-
sion of
the earliest
or at
the same bid the funds shall
one bank makes
ble time after the ratification
prorated
them,
but
bid of
be
between
immediately
amendment shall become
there is
bank shall be considered where
effect, nothing
in full
solvency
of said bank and
de-
contrary
sections 213 and 93 thereof to
solvency
termining
the treasurer shall re-
notwithstanding.
writing
opinion
quire in
state su-
it shall
the perintendent
“Section 4. That
be
of banks.
Sept.
fix the
of said election and
Governor to
date
“Approved
1919.”
by proclamation
published
give
to be
notice
county
newspaper
in each
the state at
one
amend-
avers that
the “road bond
The bill
preceding
least
successive weeks next
seven
is void and
not become
ment” was and
said
amendment
to
by
election
Alabama,
and al-
qualified
submitted to the
this act
support
leges
grounds
reasons
five
state for
or re-
electors of the
this ratification
the “road bond
the
ment” is invalid and
averment
jection.
ineffectual, viz.:
held
at
election to be
“Section 5. That
said
(1)
amendment
election
said
qualified
That
on
provided
shall
as herein
electors
election
official
said
ordered and
vote
printed
required by
there
for such election
shall
ballot
printed
as
fixed
Constitution,
according
to the words
amendment
said
dele-
figures
set out
shown
herein above
gated
to the Govern-
act,
thereafter words
3 of this
and also
section
‘Yes,’
state.
or of the
elector
choice of the
shall
‘No.’ The
improperly
(2)
That said
him under his
a cross-mark
indicated
illegally
submitted
or
expressing
opposite
his
the words
direction
desire,
printed
disapproval;
approval
the Gov-
his
said amendment shall
before
materially
following
the state amended
ernor of
words:
ballot
said
v. CRAFT
JOHNSON
(205 Ala.)
qualified
amendment;
changed
and that there-
who voted
such election
said
electors
in favor
readopt
amendments voted
same
after
did
same,
of the
all intents and
stitution.
shall
valid
required by
own,
and make it its
purposes
parts
of this Con-
Constitution;
284 of the
of such
shall
result
(3)
properly
amendment was not
That said
by proclamation
be made
of the Govern-
known
legally
proc-
advertised
the Governor’s
Representation
shall
or.
required by
lamation
section 284
upon population,
basis
be based
-and such
Legisla-
Constitution and
the Acts
changed
representation
tutional amendments.
not be
consti-
1915, page 602.
ture of
passed
Upon
(4) That the resolution
at all elec-
“Sec.
the ballots used
tions
this Consti-
section 284 of
lature
contained
*4
subject-matter of'each
tution
proposed
substance or
legislative nature,
a
other matters of
not
printed
shall
so
amendment
be
germane
said mat-
said
clearly indicated.
nature thereof shall be
resolution,
7 of
ter is embraced in section
proposed
Following
on the
amendment
each
provisions
contrary
of section 284
to the
of
printed
im-
the word ‘Yes’
ballot shall
mediately
the Constitution.
printed
under
shall
the elector shall
word
(5)
language
That
of said
be indi-
‘No.’ The choice
vague
meaning
so
and indefinite
is
incapable
is
is
his
mark made
him or under
cated
a cross
expressing
opposite
no amendment
ascertainment,
direction,
de-
his
the word
it
adopted un-
sire,
shall be
incapable
therefore
enforcement and there-
major-
affirmative vote of
it'
less
ity
receives the
void.
fore
qualified
at
vote
electors who
of all the
caption
Amending
Under
“Mode
election.
such
Constitution,” the Constitution of Alabama
upon
Legislature
“Sec.
All
287.
votes
following provisions (with
contains
oth- proposed
Constitution,
amendments to this
presently important):
ers in section
not
286
upon
calling
or
bills
resolutions
convention
purpose,
altering
amending
may
proposed
284.
“Sec.
Amendments
state,
shall
taken
this Constitution
ner
the
proposed
man-
yeas
nays
journals.
and entered on the
No
following:
amendments shall
Legislature passed
act
accordance with the
resolution of the
they originate
be read
on three several
the house in which
article,
and,
upon
days,
if
the third proposing
amendments to this
reading three-fifths of all the members elected calling
purpose,
a convention for the
of alter-
thereof,
to that house shall vote in favor
the ing
amending
state,
the Constitution of this
(cid:127)proposed amendments shall be sent to the oth-
approval
shall
be submitted
of the Gov-
house,
they
er
in which
shall likewise be read ernor,
approval.”
shall
be valid without his
days,
upon
on three several
and if
the third
reading three-fifths of all the members elected
agree-
After
the' houses had reached an
pro-
to that house
posed
vote in
shall
favor
amendments,
upon
(known
ment
the measure
shall order
Senate
qualified
an election
21S),
respective
electors of the state
presiding
Bill
after the
upon
proposed amendments,
such
to be held
signed
had
officers of
houses
the same
general
at
either
election next succeed-
presence
respective houses,
of their
ing
the session of the
at which the
enrolled,
it
aft® had
to the
the measure went
proposed
upon
day
amendments are
another
who,
day
Sep-
on the 27th
appointed by
less
tember, 1919,
along
it
returned
Senate
adjournment
three months after the final
following
message:
with the
executive
the session of the
at
proposed.
amendments were
Notice
such
“Sept. 27, 1919.
election, together
with the
“Gentlemen of the Senate:
I herewith return
ments,
given by proclamation
shall be
of the
my
218,
approval,
Senate Bill No.
without
Governor,
county
published
every
which shall be
suggest
following amendment, which,’
in such manner
shall made,
my
namely:
objection,
will meet
direct,
eight
least
successive
next
weeks
by adding
“Amend subdivision B
at the end
preceding
day 'appointed
for such election.
following
‘Subject
thereof the
words:
to the
day
appointed
On the
so
an election shall be approval
Governor,’
so
the conclud-
qualified
held for the vote of the
electors of ing paragraph of
B
said subdivision
shall read:
upon
the state
amendments.
If
moneys
all
‘And
from
derived
the sale of said
gener-
day
such election be
held
of the
expended
highway depart-
bonds shall be
as the
election,
general
al
the officers of such
subject
direct,
approval
ment
to the
open
poll
qualified
shall
electors
for the vote of the
Governor.’
proposed amendments;
if it
appreciate
importance
“You will
general
be
election,
held
other than that of a
recalling
amendment in
the fact that
officers
such
election shall be
proceeds
$25,-
under the act the
the sale of
pointed; and the election shall be
in all
held
expended
000,000.00
of bonds
things
governing
in accordance with the. law
highway department,
obviously
state
wise to
al of
and it is
general
elections.
all elections
expenditure
approv-
proposed amendments,
votes cast thereat
constitutional officer of the state.
canvassed,
tabulated,
shall be
and returns
“Respt.
Kilby,
E.
Thos.
Governor.”
secretary
thereof be made to the
counted, in the
manner
same
as in elections for
day, September 27, 1919,
On the
representatives
same
Legislature;
and if it
thereupon appear
“concurred in the amendment
Senate
REPORTS
205 ALABAMA
390
138,
posed by
2;
On the South.
rel. Wood-
headnote
State ex
to the bill.”
Skeggs,
September
day,'
the House
ward
first
second
same
“concurred
v.
adopted
Tooker,
headnote,
268;
15
the amendment
46
v.
South.
State
(this
proposed by
It
L.
the bill.”
Mont.
37 Pac.
25 R. A. 560
case
the Governor to
quotes
Frierson,
journals
upholds
appear
v.
Collier
does
froifa
Hilton,
supra);
Paving
the-proposed
v.
Oakland
Co.
houses
Hill,
Iowa,
510,
543, 554,
3;
when
went Cal.
Koehler
Pae.
N.
v.
either as
(follows
or did read
Johnson v. Craft
87 So. 375
Ala.1921Check TreatmentAI-generated responses must be verified and are not legal advice.