Jacobs v. State
| Decision Date | 05 April 1906 |
| Citation | 144 Ala. 98,40 So. 572 |
| Parties | JACOBS v. STATE. |
| Court | Alabama Supreme Court |
Appeal from Circuit Court, Jackson County; W. W. Haralson, Judge.
"To be officially reported."
James Jacobs was convicted of violating the road law, and he appeals. Affirmed.
J. A. Bilbro, for appellant.
Massey Wilson, Atty. Gen., and J. F. Proctor, for the State.
The defendant was tried and convicted under section 12 of the road law for Jackson county. Loc. Acts 1903, p. 685. The record discloses the liability of defendant to road duty, a legal warning under the act, and a default by him.
It is insisted by counsel for appellant that this law, being a local one, is repugnant to section 106 of the Constitution, owing to the insufficiency of the proof of the notice of the intended application. This act, as passed, is House Bill No. 997. We find on page 1688 of the House Journal where this bill was introduced, and immediately following it is the affidavit of Browne, the publisher of the Progressive Age, which states the notice "contained a copy of the bill proposed," and which is otherwise sufficient. All that the law requires is publication and proof of the substance, yet in the case at bar the proof shows that the entire bill was published, and the affidavit can have reference to no bill other than the H. B. No. 997, which is this bill. This court held the proof sufficient, which was identical with this affidavit, in the case of Sisk v. Cargile, 138 Ala. 164, 35 So. 114; House Journal 1903, p. 326.
The recital in House Journal, p. 2167, shows a sufficient compliance with section 66 of the Constitution of 1901 as to dispensing with the reading of the bill at length by a two-thirds vote of the house. The record of that day's proceedings shows that a quorum of the house was present.
The judgment of the circuit court is affirmed.
Affirmed.
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Tucker v. State ex rel. Poole, 1 Div. 903
... ... herewith ... "Be ... it enacted by the Legislature of Alabama:" ... Then ... follows the various sections of the bill, twenty-nine in ... number, and the affidavit of the publisher attached thereto ... Appellee ... insists that under the authorities of Jacobs v ... State, 144 Ala. 98, 40 So. 572, and Sisk v ... Cargile, 138 Ala. 164, 35 So. 114, the affidavits supply ... any deficiency in this respect. But the proof in those cases ... differs materially from that here presented, and we do not ... consider those cases as applicable. We are of the ... ...
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State ex rel. Wilkinson v. Allen
... ... materially changes its "narrow and restrictive" ... limits. No statement of the substance could be made which ... would be more narrow and restrictive than an exact copy of ... the entire proposed act, though it is a compliance with ... section 106 of the Constitution (Jacobs v. State, ... 144 Ala. 98, 40 So. 572). It is said that the purpose of ... stating the subject in the title is "to prevent ... deception by the inclusion in the bill of matters incongruous ... with the title" (Ex parte Pollard, 40 Ala. 99). And ... "while the requirements [of sections 45 and ... ...
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State v. Black
... ... departure (in substance) from such notice by the enactment ... that was passed. The question of a departure vel non by the ... act from the notice given is held to be for the court ... Wallace v. Board of Revenue of Jefferson County, 140 ... Ala. 491, 37 So. 321; Jacobs v. State, 144 Ala. 98, ... 40 So. 572 ... It is ... declared that the Legislature has the power to change and ... form the details of local legislation as not to depart from ... its essential and material substance, as he declared in the ... notice. First National Bank v. Smith, 217 ... ...
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Parrish v. Faulk
...restrictive than an exact copy of the entire proposed act, though it is a compliance with section 106 of the Constitution (Jacobs v. State, 144 Ala. 98, 40 So. 572). It is said that the purpose of stating the subject in the title is 'to prevent deception by the inclusion in the bill of matt......