Louisville & N. R. Co. v. Grant

• Decision Date: 17 December 1907
• Citation: 45 So. 226,153 Ala. 112
• Parties: LOUISVILLE & N. R. CO. v. GRANT.
• Court: Alabama Supreme Court

45 So. 226

153 Ala. 112

LOUISVILLE & N. R. CO. v. GRANT.

Supreme Court of Alabama

December 17, 1907

Appeal from Circuit Court, Chilton County; W. W. Pearson, Judge.

Action between the Louisville & Nashville Railroad Company and J. J Grant. From a judgment for the latter, the former appeals. Dismissed.

William A. Collier, for appellant.

J. O Middleton, for appellee.

DENSON J.

Section 897 of the Code of 1896 relates only to a division of the state into judicial circuits, and by it the state is divided into 13 judicial circuits. Section 911 of the Code of 1896 fixes the times and places of holding the circuit court in the Thirteenth judicial circuit, and refers to nothing else. At the first session of the Legislature which convened in 1907 an act was passed entitled "An act to amend sections 897 and 911 of chapter 19, article 1, of the Code of Alabama." This act was approved on the 6th day of March 1907, and may be found at page 367 of the General Acts. By this act section 897 of the Code is amended so that the state is divided into 16 judicial circuits; the Fifteenth being composed of the counties of Autauga, Chilton, Elmore, and Montgomery. Prior to this enactment these counties were all in the Fifth circuit, except the county of Montgomery, which was in the Second circuit. By said enactment section 911 is amended so that it not only fixes the times for holding the circuit courts in the Thirteenth circuit, but also fixes the times for holding the circuit courts, respectively, in the Fourteenth, Fifteenth, and Sixteenth judicial circuits.

It is insisted that the enactment, in respect to fixing the times for holding the courts in the Fifteenth circuit, is void because violative of section 45 of article 4 of the Constitution of 1901. That section of the Constitution prescribes that "each law shall contain but one subject, which shall be clearly expressed in its title." In this respect said section is the same as section 2 of article 4 of the Constitution of 1875, which has been many times construed by this court. Of all the cases so construing it that of Ballentyne v. Wickersham (reported in 75 Ala. 533) is perhaps the leading one. There the reasons underlying the adoption of the section are given, and these apply with equal force at the present time. The act here considered, which purports, according to its title, to amend section 911 of the Code--a section which relates alone to the Thirteenth judicial circuit--is very much broader, and comprehends and operates upon three other circuits in the state. "The title is, therefore, misleading and delusive, affording no indication whatever" that the times and places for holding the circuit court in Chilton county would be fixed. In other words, no one, on reading the title, would be put on notice, or required to take notice, that the times for holding the circuit court in Chilton county or in the Fifteenth circuit would be fixed. Therefore the subject of fixing the times for the holding of that court, or for the holding of the courts in the Fifteenth circuit, is not expressed in the title. It follows that the act in this respect is within the constitutional inhibition, and is therefore to this extent inoperative and void. Ballentyne v. Wickersham, 75 Ala. 533; Chiles & Thomas v. Monroe, 4 Metc. (Ky.) 72.

The Fifteenth judicial circuit, which embraces Chilton county, was created by an act of the Legislature approved March 2, 1907 (Gen. Acts, p. 255). By that act the times for holding the circuit court in Chilton county are fixed "on the second Monday after the fourth Monday in January, and may continue two weeks; on the third Monday in April, and may continue one week;" and "on the second Monday after the fourth Monday in September, and may continue two weeks." Having reached the conclusion that the act of March 6, 1907, in so far as it attempts to fix the times for holding the courts in the Fifteenth circuit, is void, we hold that said courts must be held at the times, respectively, as fixed by the act of March 2, 1907, unless there is a subsequent valid act fixing the times for holding said courts.

The circuit court of Chilton county which rendered the judgment appealed from was organized on the 8th day of April, 1907 and the judgment was rendered on the 11th day of April, 1907. This was in accordance with...