Holt v. City of Birmingham
Citation | 19 So. 735,111 Ala. 369 |
Parties | HOLT v. MAYOR, ETC., OF BIRMINGHAM. |
Decision Date | 09 April 1896 |
Court | Supreme Court of Alabama |
Appeal from criminal court, Jefferson county; Samuel E. Greene Judge.
Complaint by the mayor and aldermen of the city of Birmingham against T. H. Holt for violation of a city ordinance (Code of City Ordinances, § 323), by engaging in business without a license. From a judgment of conviction, defendant appeals. Affirmed.
Weaver & McMaster, for appellant.
Richard V. Evans, for appellees.
The defendant was convicted, and fined $20, for the violation of a city ordinance, from which he prosecutes this appeal. The city imposed a license tax upon occupations and business carried on within its limits, and upon persons keeping "marble yards" the license tax was $20. The city ordinance reads as follows: "Any person who shall engage in any business for which a license is required, before having paid for and taken out such license, shall upon conviction be fined," etc. The charter confers upon the city ample authority to tax business and avocations, and to impose penalties for failing to take out a license. The license tax and the ordinance are within the authority conferred by the legislature. The contention of the defendant is that the legislature exceeded its constitutional authority in conferring the power upon the city, and that the city charter in this respect is null and void. The argument is based upon the following constitutional provision (article 4 § 50): "The general assembly shall not have power to authorize any municipal corporation to pass any laws inconsistent with the general laws of the state." The general law relied upon was adopted February 18, 1887, and reads as follows: This act was amended December 8, 1888 (Acts 1888-89, p. 11), as follows: The act has been further amended by excepting other cities and towns, until now there is quite a number of...
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State v. Clements, 3 Div. 915.
......10, 17;. Sasser v. Martin, 101 Ga. 447, 29 S.E. 278;. Conner v. Mayor, etc., of City of New York, 5 N. Y. . 285; Phillips v. City of N. Y., 1 Hilt. (N. Y.) 483,. 489; 6 Words and ... public, though not a general law within the meaning of the. Constitution. Holt v. City of Birmingham, 111 Ala. 369, 373, 19 So. 735; Wallace v. Board of Revenue, . 140 Ala. ......
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Coyle v. Smith
...people of the state, not to the citizens of the counties where they are located." ¶21 See, also, Holt v. Mayor & Aldermen of Birmingham, 111 Ala. 369, 19 So. 735; City of Pond Creek v. Haskell, 21 Okla. 711, 97 P. 338; Anderson v. Ritterbusch, 22 Okla. 761, 98 P. 1002. ¶22 If said act be a ......
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State v. Town of Springville
...... of all misdemeanors committed within the city or town. By. section 1946, when the recorder tries a misdemeanor under a. state law the limits of ... courts in many cases. State ex rel. Birmingham v. Fort, 164 Ala. 578, 51 So. 317; Thomas v. State, 13 Ala. App. 421, 69 So. 413, 416; McKinstry. ... of the state. Mayor of Huntsville v. Phelps, 27 Ala. 55; Holt v. City of Birmingham, 111 Ala. 369, 19 So. 735; Cooley Const. Lim., 240, 242. . . ......
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Ward v. State
......417] . . Cabaniss. & Johnston, Herbert J. Ward, and R. B. Evins, all of. Birmingham, for appellant. . . Thomas. J. Judge, of Birmingham, for appellee. . . ... act approved July 17, 1931, purporting to establish "an. inferior court in each city of the State of Alabama now or. hereafter having, according to the last or any subsequent. ... general law, though not one in good faith. And, as said in. Holt v. City of Birmingham, 111 Ala. 369, 19 So. 735, 736, "The effect of a statute, more than its. ......