12 So. 2d 342 | Ala. | 1943
On inquiry from the Court of Appeals, we expressed the view that the Act of May 26, 1931, No. 435, General Acts 1931, page 256, Code 1940, Tit. 62, § 461, was local as defined by section 110 of our Constitution, and cited Mobile County v. State, ex rel. Cammack,
That case is not directly in point, but its tendency we thought was favorable to that view. We entertained the opinion that the words in the Act "having a population of 67,200, according to the last Federal Census, and not more than 200,000, according to the last Federal Census," related to the status then existing; that the "last Federal Census" meant the last one prior to the passage of the Act. Our attention was not called to any authority to the contrary, and we thought that was the clear meaning of the Act.
On this review our attention has now been called to many cases and authorities which hold that the "last census" should be interpreted as having a prospective and progressive application, and not confined to a status existing at the time of the passage of the Act. See, 12 Am.Jur. 170, section 489; 15 Am. Eng.Ann.Cases page 858; State v. Daniel,
We also find that our case of Griffin v. Drennen,
It is therefore now appropriate to reverse our answer to the inquiry from the Court of Appeals, and declare as we did in Griffin v. Drennen, supra, that this Act has a prospective and progressive operation, and that it is not local on account of the contention now made.
All the Justices, except Justice THOMAS, agree to the above treatment of the constitutional question. Justice THOMAS adheres to our answer to the inquiry of the Court of Appeals referred to above. *73
But this does not mean that we should grant the writ of certiorari, for the briefs on this petition show that the other questions involved are of waiver, estoppel and contract obligations, which we discussed in the case of State ex rel. Hyland v. Baumhauer (State ex rel. Mantell v. Baumhauer), ante, p. 1,
We think it would serve no useful purpose to grant the writ in the instant case in order to review a status which has been settled so far as we view it.
Writ denied.
All the Justices agree that the writ should be denied.