Jones v. McDade

• Decision Date: 17 May 1917
• Docket Number: 3 Div. 296
• Citation: 75 So. 988,200 Ala. 230
• Parties: JONES et al. v. McDADE.
• Court: Alabama Supreme Court

75 So. 988

200 Ala. 230

JONES et al. v. McDADE.

3 Div. 296

Supreme Court of Alabama

May 17, 1917

Rehearing Denied June 21, 1917

Appeal from Circuit Court, Montgomery County; Gaston Gunter, Judge.

Bill by W.R. McDade against R.H. Jones and others, as the Board of Revenue of Montgomery County. From a decree for complainant defendants appeal. Reversed, and bill dismissed, and judgment rendered.

The acts and the proposal referred to in the opinion are as follows:

An act to submit to the qualified voters of the state of Alabama at the general election to be held on the first Tuesday after the first Monday of November, 1916, for their consideration, an amendment to the Constitution of the state fixing the salaries and compensations and allowances to be paid to the judge of probate, sheriff, the tax assessor and the tax collector of Montgomery county requiring the said officers to cover the fees collected by them into the county treasury of Montgomery county and authorizing and empowering the Legislature thereafter to fix and regulate and alter the costs, charges, and fees and salaries of such officers including the method and basis of their compensation.

Be it enacted by the Legislature of Alabama:

Section 1. That the following amendment to the Constitution of Alabama is hereby proposed to be submitted to the qualified voters of Alabama for their consideration as hereinafter set forth, viz.: commencing at the beginning of their next term of office, subsequent to the general election to be held on the first Tuesday after the first Monday of November, 1916, the compensation and allowance of the following named county officers of Montgomery county shall be as follows: Salary of judge of probate of Montgomery county $5,000.00 per year net; allowance of $5,500.00 per annum for office expenses as follows: One clerk at $1,500.00 per annum two clerks at $1,000.00 per annum each; one clerk at $800.00 per annum, and $1,200.00 per annum for all other expenses including extra clerks. The said $1,200 to be paid to the judge of probate in monthly installments and disbursed by him. The tax collector of Montgomery county shall receive a salary of $4,000.00 per year net; allowance of $1,500.00 per year for his clerk in said office and $1,000.00 for extra help. The tax assessor of Montgomery county shall receive a salary of $4,000.00 per year net; allowance of $1,500.00 per year for a chief clerk in said office; $900.00 for an assistant clerk in said office and $600.00 per year for extra help. The sheriff of Montgomery county shall receive a salary of $4,000.00 per year net; allowance of $1,200.00 per year for a chief clerk in said office; $1,380.00 per year for a chief deputy; $2,200.00 per year for two deputies in said office, and $1,000.00 for extra assistance. These amounts to be paid out of the county treasury of Montgomery county. This shall not interfere with the amounts now or hereafter allowed the sheriff for guards at the county jail or bailiffs for courts, nor with the provisions for feeding prisoners. The sheriff shall receive amounts now provided by law, and shall cover the same into the county treasury of Montgomery county and the board of revenue of Montgomery county shall pay out of the county treasury of Montgomery county the expenses incurred by the sheriff in feeding said prisoners. The above-named amounts shall be in lieu of all compensations and allowances to the respective named officers. These amounts shall be paid out of the county treasury of Montgomery county as the salaries of other county officers are paid. The above-named officers shall collect the fees heretofore collected by them and shall cover such fees into the county treasury on the first Monday of each month. The board of revenue of Montgomery county shall provide said officers with necessary quarters, books, stationery and other conveniences. The Legislature of Alabama may hereafter from time to time by local or general laws, fix, regulate and alter the amount of the above-named salaries and allowances, including the method and basis of their compensation, also fix, regulate and alter amount of compensation received by all other county officers of said county.

Sec. 2. That it shall be the duty of the Governor to give notice by proclamation to be published in one newspaper in each county in the state, at least eight consecutive weeks, next preceding the general election in November, 1916, of the election on the amendment proposed by this act, to be submitted to the qualified voters of the state, for their consideration, together with the proposed amendment.

Sec. 3. That at the general election in November, 1916, an election shall be held for the vote of the qualified electors of the state upon the proposed amendment. Upon the ballots used at such election shall be printed the following: "Amendment to the Constitution, fixing the compensations and allowances of the following named county officers of Montgomery county, commencing at the beginning of their next term of office, subsequent to the general election in November, 1916, as follows: Salary of judge of probate of Montgomery county $5,000.00 per year net; allowance of $5,500.00 per annum for office expenses as follows: one clerk at $1,500.00 per annum; two clerks at $1,000.00 per annum each; one clerk at $800.00 per annum, and $1,200.00 per annum for all other expenses including extra clerks. The said $1,200.00 to be paid to the judge of probate in monthly installments and disbursed by him. Tax collector of Montgomery county, salary of $4,000.00 per year net; allowance of $1,500.00 per year for a clerk, and $1,000.00 per year for extra help, Tax assessor of Montgomery county, salary of $4,000.00 per year net; allowance of $1,500.00 for a chief clerk and $900.00 per year for assistant clerk and $600.00 per year for extra help, Sheriff of Montgomery county, salary of $4,000.00 per year net; allowance of $1,200.00 per year for chief clerk; $1,380.00 per year for chief deputy,

$2,000.00 per year for two deputies, and $1,000.00 per year for extra assistance. These amounts shall be paid out of the county treasury of Montgomery county as the salaries of other county officers are paid. The above-named officers shall collect the fees heretofore collected by them, and shall cover such fees into the county treasury on the first Monday of each month. The above-named amounts shall be in lieu of all compensation and allowances to the respectively named officers, except that this shall not interfere with the allowances for the guards at the county jail, bailiffs to attend the court of the county, nor with the provisions for feeding the prisoners at the county jail, provided, that as to feeding prisoners, the sheriff shall receive the amounts now provided by law, and cover same into the county treasury of Montgomery county, and the board of revenue of Montgomery county shall pay out of the county treasury of Montgomery county the expenses incurred by the sheriff in feeding such prisoners. The board of revenue of Montgomery county shall provide said officers with the necessary conveniences. The Legislature of Alabama may hereafter from time to time, by local or general laws, fix, regulate and alter the amount of the above-named allowances and salaries including the method and basis of their compensation." Following the proposed amendment on the ballot shall be printed the word "Yes," and immediately under that shall be printed the word "No." The choice of the elector shall be indicated by the cross-mark by him opposite the word expressing his desire.

Sec. 4. The officers of such general election shall open a poll for the vote of the qualified electors upon the proposed amendment. The election shall be held in all things in accordance with the law governing general elections. In the election upon such proposed amendment, the votes cast thereat shall be canvassed, tabulated, and the returns thereof made to the secretary of state, and counted in the same manner as in elections for representatives to the Legislature, and if it shall thereupon appear that a majority of the qualified electors who voted upon the proposed amendment voted in favor of the same, such amendment shall be valid to all intents and purposes as a part of the Constitution of Alabama. The result of such election shall be made known by proclamation of the Governor.

Article XVIII. Mode of Amending the Constitution.

Sec. 284. Amendments may be proposed to this Constitution by the Legislature in the manner following: The proposed amendments shall be read in the house in which they originate on three several days, and, if upon the third reading three-fifths of all the members shall vote in favor thereof the proposed amendments shall be sent to the other house, in which they shall likewise be read on three several days, and if upon the third reading three-fifths of all the members elected to that house shall vote in favor of the proposed amendments, the Legislature shall order an election by the qualified electors of the state upon such proposed amendments, to be held either at the general election next succeeding the session of the Legislature at which the amendments are proposed or upon another day appointed by the Legislature, not less than three months after the final adjournment of the session of the Legislature at which the amendments were proposed. Notice of such election, together with the proposed amendments, shall be given by proclamation of the Governor, which shall be published in every county in such manner as the Legislature shall direct, for at least eight successive weeks next preceding the day appointed for such election. On the day so appointed an election shall be held for the vote of the qualified electors of the state upon the proposed amen

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