Beason v. Shaw
| Decision Date | 15 November 1906 |
| Parties | BEASON ET AL. v. SHAW. |
| Court | Alabama Supreme Court |
Appeal from Probate Court, St. Clair County; W. S. Foreman, Judge.
"To be officially reported."
Election contest by George C. Beason and another against Jesse M Shaw. From a judgment of dismissal, contestants appeal. Affirmed.
E. C Hall and Inzer & Montgomery, for appellants.
Jas. A Embry, for appellee.
On the petition of Jesse M. Shaw and 60 other persons, all freeholders in precinct No. 6, in St. Clair county, an election was held under the provisions of the act of the Legislature approved September 29, 1903, to determine whether stock should be prohibited from running at large in said precinct. Gen. Acts 1903, p. 431. The result was in favor of the prohibition and it was so declared by the court of county commissioners of the county. After declaration of the result was formally made and ordered by the court, G. C. Beason and Jno. W. Shanks filed with the judge of probate a declaration of contest of the election, in which it was prayed that notice be issued and served on Jesse M. Shaw, notifying him to appear and defend against said contest, "if he may see proper to do so." Shaw appeared, and moved to dismiss the contest proceedings, assigning six grounds for the motion. The judge granted the motion and dismissed the contest. From the order granting this motion this appeal was taken.
The question presented for determination is, does the act under which the election was held effectually provide for a contest of the election? Section 7 (page 434) of the act is in this language: "Such election may be contested on the same ground and in the same manner before the probate judge as contests of election of constable are held before said probate court." According to our decisions there is no merit in the point that this seventh section of the act is obnoxious to that clause of section 45, art. 4, of the Constitution, which provides that no law shall be revived amended, or the provisions thereof extended or conferred by reference to its title only; but so much thereof as is revived, amended, extended, or conferred shall be reenacted and published at length. State v. Rogers, 107 Ala 444, 19 So. 909, 32 L. R. A. 520; Birmingham Union Ry. Co. v. Elyton Land Co., 114 Ala. 70, 21 So. 314; Ph nix Assurance Co. v. Fire Department, 117 Ala. 631, 23 So. 843, 42 L. R. A. 468; Cobb v. Vary, 120 Ala. 263, 24 So. 442; City Council of Montgomery v. Birdsong, 126 Ala. 632, 28 So. 522; State ex rel. Porter v. Crook, 126 Ala. 600, 28 So. 745. The ground on which and the manner in which the election of a constable may be contested are specified and provided for in chapter 40 of article 17 of the Code of 1896; and, notwithstanding there is no constitutional objection to providing for contest of elections which may be held under the act in question, by reference to that general law, yet it is difficult to see how that law can be made effective for the...
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State v. Armstrong.
...departure from the Arkansas rule, which it had recognized in State ex rel. v. Rogers, supra. The later cases of Beason v. Shaw, 148 Ala. 544, 42 So. 611, 18 L. R. A. (N. S.) 566, and Savage v. Wallace, 165 Ala. 572, 51 So. 605, are, in our judgment, entirely consistent with it. We have revi......
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City of Pond Creek v. Haskell
...& Telegraph Company, 121 F. 276, 58 C.C.A. 198; City Council of Montgomery v. Birdsong, 126 Ala. 632, 28 So. 522; Beason et al. v. Shaw, 148 Ala. 544, 42 So. 611. Brief excerpts, which are self-explanatory, taken from these different cases, will elucidate the force given by the courts to th......
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... ... 148, Dodson v ... Bowlby, 78 Neb. 190, 110 N.W. 698, and Barnes v ... City of Lincoln, 85 Neb. 494, 124 N.W. 99 ... Beason ... v. Shaw, 148 Ala. 544, 42 So. 611, 18 L. R. A., N. S., ... 566, was a case where it was sought to contest an election to ... determine whether ... ...
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City of Pond Creek v. Haskell
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