Boyd v. Edwards
Decision Date | 26 June 1969 |
Docket Number | 6 Div. 637 |
Parties | Clarence B. BOYD et al. v. W. Sterling EDWARDS, etc., et al. |
Court | Alabama Supreme Court |
Dunn, Porterfield, McDowell & Scholl, and Wingo, Bibb, Foster & Conwell, Birmingham, for appellants.
J. M. Breckenridge, Birmingham, for appellees.
This appeal is from a decree in a declaratory judgment proceeding sustaining a demurrer to the bill and to its several aspects and dismissing the bill.
The sole question presented is whether Act No. 22, Acts of Alabama, Special Sessions 1956, p. 290, a local act for the City of Birmingham, violates that part of Section 45 of the Constitution of 1901, which provides in part 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 re-enacted and published at length.'
If Act No. 22 violates the quoted part of Section 45 of the Constitution, the trial court erred; if it does not, the trial court properly sustained the demurrer.
The complainants, Boyd, Oden and Sims, are retired firemen of the City of Birmingham and are members of the City firemen's pension system, governed by Act No. 307, Acts of Alabama 1943, p. 264. That Act, amended and re-enacted Act No. 573, 1939 Acts of Alabama, p. 910, which created the pension systen for cities having a population of 200,000 or more. The respondents are the City and the trustees of the pension system.
Sections 20 through 25 of the pension act prescribed the benefits payable to retired firemen. Those sections are the same in the 1939 and 1943 Acts. Section 25 provides as follows:
Act No. 22, the 1956 local act, provided that no pension authorized by the 1943 Act should be payable to any member of the Fire Department of the City of Birmingham after the enactment of Act 22, based on a salarly higher than that which attached on December 31, 1955, to the position from which such person retired.
Since December 31, 1955, the salaries which attached to the positions each of complainants held when he retired had increased. Complainants assert that under the 1943 Act, their pensions would have been more than they are being paid under the limit of December 31, 1955, established by Act 22. They contend that Act No. 22 amended Section 25 of the 1943 Act by reference to its title only, without reenacting or publishing at length that part which was amended and, therefore, Act No. 22 is unconstitutional under that part of Section 45 of the Constitution quoted supra.
We think this contention is adequately answered in State Docks Commission v. State, 227 Ala. 521, 150 So. 537, where an act which reduced salaries of State employees was attacked on grounds similar to those argued here. The court said:
Then the opinion cited and discussed Ex parte Pollard, 40 Ala. 77; State ex rel. Terry v. Lanier, 197 Ala. 1, 72 So. 320, and Sisk v. Cargile, 138 Ala. 164, 35 So. 114, and then said:
'It is well established, therefore, by decisions of this court, that if the law in itself is complete and intelligible and original in form, it does not fall within the meaning and spirit of section 45 of the Constitution, although resort in the execution of its provisions must be had to independent sources, including other statutes, or records of commissions or boards. Cases supra.
'The appellee does not contend that section 6 of the...
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