74 So. 9393 | Ala. | 1917
This is a statutory quo warranto proceeding to oust the jury commissioners of Tuscaloosa county. The decision of this case involves the constitutionality of a local act of the Legislature, which, if valid, virtually abolishes the office of jury commissioners for Tuscaloosa county, and imposes the duties and confers the powers thereof upon a board of revenue created or provided by the same act. The trial court held the act invalid. The reporter will set out the title of the act, and the notice of the proposed passage of the bill.
“No special, private, or local law, except a law fixing the time of holding courts, shall be enacted in any case which is provided for by a general law, or when the relief sought can be given by any court of this state; and the courts, and not the Legislature, shall judge as to whether the matter of said law is provided for by a general law, and as to whether the relief sought can be given by any court; nor shall the Legislature indirectly enact any such special, private, or local law by the partial repeal of a general law.”
The insistence is that the only effect of sections 9, 10, and 19, which relate to the matter of selecting and drawing the jurors and juries for Tuscaloosa county, is now, and was before the local act was passed, provided for by a general law, and that ' the local act therefore violates section 105 of the Constitution.
If we should hold that, merely because there is a general law providing for the selecting and drawing of juries for the several counties, none of its provisions can be changed by a local law, it would be tantamount to holding that a local law cannot be passed upon that subject. We do not think that this is the meaning of section 105 of the Constitution, nor that such was the intent of the Constitution framers in ordaining it.
It is a part of the judicial history of this state before and since the adoption of the Constitution of 1901 that the methods and agencies for the selecting and drawing of jurors, etc., have been provided for by both local and general statutes. As before stated, there being no constitutional provision requiring the laws on this subject to be uniform in all the counties or all. the courts, the Legislature may provide different laws for different counties; and it is difficult to conceive how a more radical difference could be given effect than to provide by one law that the juries shall be selected and drawn by a jury commission to be appointed by the Governor, and by another that such duty and function shall be performed by a board of revenue or court of county commissioners the members of which are elected by the voters of a particular county.
It results from what we have said that the local act in question is not unconstitutional, and that the trial court erred in its ruling to the contrary effect, and that the judgment appealed from it reversed. A judgment will be here rendered ousting appellees from the office of jury commissioners, and directing the appellants to exercise the powers and perform the duties of jury commissioners for Tuscaloosa county.
Reversed and rendered.