Board of Revenue v. Johnson
Citation | 200 Ala. 533,76 So. 859 |
Decision Date | 28 June 1917 |
Docket Number | 6 Div. 625 |
Parties | BOARD OF REVENUE et al. v. JOHNSON. |
Court | Supreme Court of Alabama |
Rehearing Denied Nov. 22, 1917
Appeal from Circuit Court, Jefferson County; Hugh A. Locke, Judge.
Bill by Lee Johnson against the Board of Revenue and others. From a decree for complainant, defendants appeal. Decree affirmed.
Hugo L Black and Ben F. Ray, both of Birmingham, for appellants.
J.S Kennedy, of Birmingham, for appellee.
By an act approved September 16, 1915 (Senate Bill 744), it was provided:
Gen.Sess.Acts 1915, p. 589.
By an act approved September 22, 1915 (House Bill 1449), "to provide for the establishment, discontinuance, construction use, working and maintenance of the public roads, bridges, and ferries of the several counties of this state" (Laws 1915, p. 573), it was provided, with respect to exemptions from road duty, as follows:
Section 6 exempts all women, and all men under 18 and over 45 years of age, and all who have lost an arm or leg, or are incapable of hard labor by nature or by reason of disease. These two sections (5 1/2 and 6) are literal re-enactments of sections 5777 and 5778 of the Code. Section 3 of the act provides:
"That this act shall not be construed to repeal either in part or in whole any existing local or special law."
The complete tax assessments of Jefferson county for preceding years being in excess of $100,000,000, that county was within the operation of Senate Bill 744. But the board of revenue, conceiving that that act was repealed by implication when House Bill 1449 became effective by executive approval six days later, is proceeding to subject to road duty all citizens of Jefferson county not exempted by the general law.
This bill of complaint is filed by one of those citizens to restrain the board of revenue from that action, and the controlling question presented in whether Senate Bill 744 was repealed by House Bill 1449. If not so repealed, then it is conceded that the bill of complaint has equity, and the writ of injunction was properly granted by the trial court on final decree.
While Senate Bill 744 is in legal theory a general law, it is in fact, so far as its operation is concerned, a special law, since it singles out and withdraws from the influence of the general law a certain class of counties, by a distinction which is applicable at present only to Jefferson county. It does not deal with the matter of personal exemptions from road duty, but exempts certain counties from the operation of the general road law. It has a distinct purpose which is entirely consistent with the existence of a general law applicable to all counties whose more limited tax revenues may require the personal aid of their citizens in the maintenance of public roads; and it was intended to coexist with the general law.
In view of the character and operation of the two acts under review, we might well determine the question of implied repeal vel non as in cases of local and general acts:
...
To continue reading
Request your trial-
Randle v. Winona Coal Co.
... ... person or by proxy. Stock without any nominal or par value ... may be issued by the board of directors of the corporation ... from time to time for such consideration as may be fixed form ... September 26, 1919. Board, Jefferson Co., v. Hewitt, ... 90 So. 781; Board of Rev. v. Johnson, 200 Ala. 533, ... 76 So. 859. The Legislature had in mind the respective ... provisions of ... ...
-
Woco Pep Co. of Montgomery v. City of Montgomery
... ... The ... claims filed with the city and denied payment by its board of ... commissioners were for said several sums and penalties ... thereon. They were of several ... 352; Allgood v. Sloss-Sheffield S. & I. Co., 196 ... Ala. 500, 71 So. 724; Board of Revenue v. Johnson, ... 200 Ala. 533, 76 So. 859. See, also, application as to acts ... of Congress ... ...
-
Board of Revenue of Jefferson County v. Hewitt
... ... after the act of October 6, 1920. Both being on the same ... subject, the last one repeals the first one." ... We ... must look to the legislative intent to ascertain whether ... repeal by implication was intended. Board of Revenue v ... Johnson, 200 Ala. 533, 76 So. 859. If two acts are of ... the same nature and upon the same subject, the latter repeals ... the former by implication, if there is no different field of ... operation; that is, if it is obvious from the legislative ... proceedings and purport of the two acts that neither ... ...
-
Kreutner v. State
... ... 529, 51 So. 159; Pepper v ... Horn et al., 197 Ala. 395, 73 So. 46; Board of ... Revenue v. Johnson (Sup.) 76 So. 859; Moss v. State, ... supra; Parker v. Hubbard, 64 ... ...