Kimmons v. Jefferson County Board of Education

• Decision Date: 25 June 1920
• Docket Number: 6 Div. 73
• Parties: KIMMONS v. JEFFERSON COUNTY BOARD OF EDUCATION et al.
• Court: Alabama Supreme Court

85 So. 774

204 Ala. 384

KIMMONS v. JEFFERSON COUNTY BOARD OF EDUCATION et al.

6 Div. 73

Supreme Court of Alabama

June 25, 1920

Appeal from Circuit Court, Jefferson County; Dan A. Greene, Judge.

Bill by J.I. Kimmons against the Board of Education of Jefferson County and others to enjoin the issuance of certain warrants for building purposes. From a decree denying relief complainant appeals. Affirmed.

Weakley & Rice, of Birmingham, for appellant.

Joseph R. Tate, of Birmingham, for appellees.

GARDNER J. (after stating the facts as above.

The bill in this case questions the authority of the board of education of Jefferson county in the issuance and sale of $25,000 of 6 per cent. warrants for the purpose of erecting a school building for school district No. 8-A of Jefferson county. Provisions for the sale of such warrants are to be found in what is commonly referred to as the "School Code" (Acts 1919, p. 567).

It is first insisted that this act is void as in contravention of section 45, art. 4, of the Constitution, which declares that each law shall contain but one subject, which shall be clearly expressed in its title. There is expressed in the title of the act one clear, comprehensive subject, "to provide a complete educational system for the state of Alabama"; then follows a complete index as to each minor subject contained in the body of the act, all of which bear relation to the comprehensive subject above expressed. We think it quite clear that the act is free from the constitutional objection above referred to. Ballentyne v. Wickersham, 75 Ala 533.

The suggestion that the law is a local one, for the reason at the time of its passage there may be in the state certain localities where there is no need for its operation, is also without merit. State ex rel. Collman v. Pitts, 160 Ala. 133, 49 So. 441, 686, 135 Am.St.Rep. 79.

It is next insisted that the issuance of these warrants is unauthorized, for the reason they are so framed as to constitute a negotiable instrument, and therefore be in effect a bond, the issuance of which is prohibited by section 222 of the Constitution, unless authorized by a majority vote of the qualified voters as therein prescribed.

This brings us to a consideration of that part of the above-cited act relating to the county board of education. In article 5 the general administration and supervision of public schools and of the educational interests of each county (cities of 2,000 or more inhabitants excepted) are vested in the county board of education, except as otherwise provided by law. The compensation for services of members of such county boards is had from the public school funds of the counties. The county board selects some suitable person to act as treasurer of the public school funds of the county, who shall receive and take charge of all funds of that character and pay out the same upon the written order of the county board of education. All property and funds for public school purposes are transferred to and vested in said boards and their successors in office; and any property granted, conveyed, or bequeathed for the use of any particular county, school district, or public school, is to be held in trust by said board for the benefit of such county, school district, or public school. The board is also given authority, upon the recommendation of the county superintendent of education, to borrow money on the credit of the school fund of the county to meet salaries of teachers and current expenses when the current funds on hand are not sufficient, to be secured by a pledge of the current revenues of the year. Section 26, among other powers, gives the county board the right to purchase by condemnation proceedings property for school purposes, and also gives the board the power to sue and contract, with the provision that "all processes shall be executed by service on the executive officer of the board."

Article 12 provides for the three-mill county and district school tax, and section 7 of this article gives the authority for the action pursued by the county board in the instant case. This section is as follows:

"Sec. 7. In any county which has levied or is levying a special county tax for school purposes, the county board of education, in order to erect, repair, enlarge or equip school buildings, or to make other improvements in the school facilities of the county, or to raise money for any of such purposes, is hereby authorized and empowered to issue and sell school warrants bearing interest at a rate not to exceed six per cent. (6%) per annum for an amount, including interest, not exceeding the income from said tax levy estimating such income upon the basis of the assessed value of the taxable property in such county for the preceding tax year, as the annual return for such levy for the period for which such warrants are issued; and the board of education of any county or of any city of two thousand (2,000) or more inhabitants according to the last or any succeeding federal census, in order to erect, repair, enlarge or equip school buildings or to make improvements in the school facilities of any school district under its control in which a district school tax has been or is being levied, or to raise money for any of such purposes, is hereby authorized and empowered to issue school warrants bearing interest at a rate not to exceed six per cent. (6%) per annum for an amount, including interest, not to exceed the income from such tax levy, estimating such income upon the basis of the assessed

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