Johnson v. Craft

• Court: Alabama Supreme Court
• Writing for the Court: McCLELLAN, J. (for the court).
• Citation: Johnson v. Craft, 205 Ala. 386, 87 So. 375 (Ala. 1921)
• Decision Date: 03 February 1921
• Docket Number: 3 Div. 501
• Parties: JOHNSON v. CRAFT et al.

87 So. 375

205 Ala. 386

JOHNSON v. CRAFT et al.

3 Div. 501

Supreme Court of Alabama

February 3, 1921

Rehearing Denied Feb. 24, 1921

Appeal from Circuit Court, Montgomery County; Walter B. Jones Judge.

Bill by A.M. Johnson, Jr., against John Craft and others constituting the Alabama State Highway Commission, to enjoin the issuance of the good roads bonds. From a decree sustaining demurrers to the bill, complainant appeals. Reversed and remanded.

In proposing amendments to the Constitution under sections 284-287, the Legislature may act either by act or resolution.

Statement of the Case.

This bill, filed by a citizen of Montgomery county, a taxpayer and automobile owner, seeks injunctive relief to restrain the State Highway Commission and its members and agents from observing and giving effect to what is commonly called and known as the road bond amendment to the Constitution of Alabama--the act purporting to submit a proposed amendment to the Constitution of Alabama, being published in General Acts of 1919, pages 787-791, inclusive. The act, in its entirety reads:

An act to submit to the qualified electors of this state at a special election to be held at the call of the Governor after ninety days from the final adjournment of this Legislature for their consideration of an amendment to the Constitution for the purpose of authorizing the state to establish and maintain a state highway system of public roads and bridges to issue interest bearing bonds therefor to authorize the levy and collection of automobile or other motor driven vehicle taxes by the state for said purposes and to provide for the establishment and maintenance of said state highway system, public roads and bridges according to such regulations as the Legislature may have prescribed or may hereafter prescribe. "Be it enacted by the Legislature of Alabama:

"Section 1. That whereas the time has now come for the people of this state to construct and properly maintain a complete and permanent system of state highways, roads and bridges and to provide means to defray the cost of constructing and maintaining the same perpetually and in a satisfactory manner to meet the requirements of public travel and traffic, and also to secure the large but delayed appropriation for said purpose by the national government which appropriation has been duly made by the acts of Congress of the United States for the construction of public highways, roads and bridges on condition that the state shall furnish the proper amount required of it for said purpose before the appropriation of the national government shall become available, and whereas a state highway system has been laid out in this state, connecting up all the counties together, and the same have been approved by the Legislature and the state highway department, but has not been built and maintained nor meet the demands made upon it for lack of means, and whereas the most important matter before the people and this Legislature at this time is the popular demands for a determination as to what measures shall be best taken to provide a complete, permanent and excellent system of public highways for this state, now therefore:

"Section 2. That the following amendment of the Constitution of Alabama is proposed to be submitted to the qualified electors of the state for their ratification or rejection at an election to be held and called by the Governor after ninety days from the final adjournment of this session of the Legislature of which the amendment is proposed, which amendment is as follows, to wit:

"Section 3. Article XX. Section 1--A. That for the establishment, construction and maintenance of a permanent, excellent and complete system of state highways, public roads and bridges in this state serviceable for three hundred and sixty-five days in the year, and to enable the state to secure the national appropriations for public highways there shall be issued and sold by the state of Alabama interest-bearing negotiable state bonds, not to exceed the sum of twenty-five million ($25,000,000) dollars, that said bonds shall bear interest at the rate of not exceeding five per centum per annum, payable annually or semi-annually, shall mature serially or otherwise not less than three or more than forty years from the date of their issuance, shall be made payable out of the state road and bridge fund which fund is created for that purpose, shall be executed, sold and delivered on behalf of the state from time to time, shall be of denominations of ten dollars and up to one thousand dollars, and mature as may be determined, subject to the approval of the Governor, by the highway commission who shall also be highway bond commission acting by majority vote with all proceedings for such commission together with the approval of the Governor thereto, reduced to writing and made of record, and the record and registration of said bonds shall be duly deposited in the office of the state treasurer and kept by him; that said bonds shall be signed by the Governor, state auditor and state treasurer, and shall have the great seal of the state attached thereto, attested by the secretary of state, the coupons shall be numbered and signed by the state treasurer. Said bonds shall be exempt from state, county and municipal taxes: Provided, however, that the fac simile signatures upon the interest coupons of said bonds may be lithographed in lieu of signing; that said bonds shall be the direct obligation of the state and for the payment thereof the full faith and credit of the state is hereby irrevocably pledged that the proceeds derived from the sale of said bonds shall be deposited in the state treasury and kept in a separate fund and shall be exclusively used to defray the cost of constructing and maintaining said highways, public roads and bridges of the state. The said bonds shall be sold at not less than par. B. That for the purpose of securing the prompt payment of the principal and interest of said bonds to provide a sinking fund therefor, to place sufficient revenue in said state road and bridges fund, and to defray the cost of constructing and maintaining said state highways public roads and bridges continuously in a highly serviceable condition that a state license tax on all automobiles or motor driven vehicles is hereby authorized to be levied and collected on all such vehicle privilege license tax now levied or which may hereafter be levied by law of every kind and description shall be exclusively used for the payment of said bonds, principal and interest, for creating a sinking fund for their maturity and the remainder for the maintenance of said public highways, roads and bridges and extension of the state highway system, that county roads and bridges may be built and maintained by the aid of the state and national government, that state roads and bridges may be built and maintained by the aid of the state and national government, that state roads and bridges may be built and maintained with the aid of the county and national government, that said state highways, roads and bridges shall be constructed and maintained by the state highway department, and all moneys derived from the sale of said bonds shall be expended as the highway department may direct subject to the approval of the Governor. C. That the state highway commission or highway department shall locate, construct and maintain, the highways or state trunk roads so as to connect each county seat with the county seats of the adjoining counties by the most direct and most feasible route by a permanent route having due regard to the public welfare and to connect the county seats of the several border counties at or near

the state line with a public road in the border states: Provided that in counties divided into two judicial divisions in each of which regular terms of the circuit court are held, the places where said terms of court are held, shall be connected with each other. It shall be the duty of said state highway commission or highway department to equitably apportion among the several counties the expenditures of both money and labor and the time or times of making such investments; said roads to be constructed and maintained without expense to the several counties. G. That this amendment and the foregoing provisions thereof when ratified by the people are self-executing without the aid of further legislation, but the Legislature shall pass such laws as it may deem necessary to secure the full benefit and effect of this amendment to the Constitution. Either at this session of the Legislature or at the earliest possible time after the ratification by the people that this amendment shall become immediately in full effect, nothing in the Constitution and sections 213 and 93 thereof to the contrary notwithstanding.

"Section 4. That it shall be the duty of the Governor to fix the date of said election and to give notice by proclamation to be published in one newspaper in each county in the state at least seven successive weeks next preceding to said election of the amendment proposed by this act to be submitted to the qualified electors of the state for this ratification or rejection.

"Section 5. That at said election to be held as herein provided the qualified electors shall vote upon said amendment, and on the official ballot printed for such election there shall be printed said amendment according to the words and figures herein above set out and shown in section 3 of this act, and also thereafter words 'Yes,"'No.' The choice of the elector shall be indicated by a cross-mark by him under his direction opposite the words expressing his desire, and before said amendment shall be printed on said ballot the following words: 'Shall the following amendment be adopted as

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