Floyd v. State

• Decision Date: 23 March 1917
• Docket Number: 1 Div. 234
• Parties: FLOYD v. STATE.
• Court: Alabama Court of Appeals

74 So. 752

15 Ala.App. 654

FLOYD v. STATE.

1 Div. 234

Court of Appeals of Alabama

March 23, 1917

Appeal from Law and Equity Court, Monroe County; W.G. McCorvey Judge.

Andrew Floyd was convicted of a failure to work the public roads and he appeals. Affirmed.

Page & McMillan, of Brewton, for appellant.

W.L Martin, Atty. Gen., and Harwell G. Davis, Asst. Atty. Gen for the State.

BROWN P.J.

By act approved September 20, 1915, the Legislature repealed all statutes providing for prosecutions for failure to work on the public roads embraced in the Code and acts amendatory thereof (Acts 1915, p. 623); and by act approved September 22d (Acts 1915, p. 573) conferred upon the courts of county commissioners and boards of revenue of the several counties in the state broad powers to provide for the establishment, discontinuance, construction, use, working, and maintenance of the public roads, bridges and ferries of the several counties, and the act provides:

"To this end they are given legislative, judicial and executive powers, except as limited herein. Courts of county commissioners, boards of revenue or courts of like jurisdiction are courts of unlimited jurisdiction and powers as to the construction, maintenance and improvement of the public roads. *** They may establish, promulgate, and enforce rules and regulations, make and enter into such contracts as may be necessary, or as may be deemed necessary or advisable by such courts or boards, to build, construct, make, improve and maintain a good system of public roads, bridges and ferries in their respective counties, and regulate the use thereof."

Section 2 of the act makes the violation of "any rule, regulation or law which may be adopted or promulgated" by such court or board a misdemeanor and prescribes punishment therefor.

The questions presented and here argued are: First, can the Legislature delegate to such governmental agencies the authority to make and promulgate rules and regulations, the violation of which constitutes crime? This question is fully answered in the affirmative by the following cases: Whaley v. State, 168 Ala. 152, 52 So. 941, 30 L.R.A. (N.S.) 499; State v. McCarty, 5 Ala.App. 212, 59 So. 543.

The second question is: Does this record sufficiently show that the powers conferred on the board of revenue of Monroe county by the statute were authoritatively exercised, so as to justify the prosecution of the defendant for a violation of the rules promulgated by the board?...