45 So. 655 | Ala. | 1908
All of the justices, except the writer, concur in the conclusion that the judgment vindicating the right of the relator, Parker, to exercise the duties and perform the functions of the office of president of the city council of the city of Birmingham, was well rendered and should he affirmed. By their direction I set down a brief statement of the views leading to the result announced.
The right provided by section 199 of the act approved August 13, 1907 (Laws 1907, p. 892), to organize at once any municipality under its provisions and in accordance therewith, is not unconstitutional as an attempt to confer on governing bodies of towns and cities in this state legislative power which the organic law confines for exercise to the Legislature. The principle upon which the conclusion rests is thus stated in Hand v. Stapleton, 335 Ala. 356, 33 South. 689: “The Legislature may pass a valid statute, to take effect upon the
The Municipal Code act is a complete law, which by its terms shall become operative in September, 1908; and the only effect of section 199 was to afford an event upon the happening of which it should go into operation in the town or city so ordaining in the method stipulated in that section at an earlier date. Section 199 should be read as a proviso to section 2 of the Municipal Code act; and, when so read, the provision of the latter section that the corporate organizations “shall be and remain as now provided by law” is qualified to the extent section 199 prescribes.
There being no such office, under the charter of Birmingham, as president of the city council of the city of Birmingham, the governing body were commanded by section 199 to elect such an officer, whose term should be until his successor is elected at the general municipal elections in September, 1908. Having the duty to elect such an officer, under the letter of section 199, and
The judgment is affirmed.
Affirmed.