State v. Strawbridge
| Decision Date | 12 June 1917 |
| Docket Number | 6 Div. 369 |
| Parties | STATE v. STRAWBRIDGE. |
| Court | Alabama Court of Appeals |
Rehearing Denied June 30, 1917
Appeal from Circuit Court, Lamar County; Bernard Harwood, Judge.
Proceeding by the State against Will Strawbridge for failure to procure a license. Demurrer to complaint was sustained, and the State appeals. Reversed and remanded.
W.L. Martin, Atty. Gen., for the State.
Nesmith & Young, of Vernon, for appellee.
This appeal is on the record. There are but two propositions involved: The first question presented is, Can the Legislature delegate to the court of county commissioners of Lamar county the authority to make and promulgate rules and regulations, the violation of which constitutes crime. This question has been decided in the affirmative in the following cases: Whaley v. State, 168 Ala. 152, 52 So. 941, 30 L.R.A. (N.S.) 499; State v. McCarty, 5 Ala.App. 212, 59 So. 543; Floyd v. State, 74 So. 752.
The next insistence is that the license tax upon vehicles is a double taxation, and is therefore unconstitutional and void. This question was decided adversely to the ruling of the lower court in the instant case in Hudgens v. State, 72 So. 605. The court therefore erred in sustaining the demurrers to the complaint, and for the errors pointed out, the judgment of the lower court is reversed, and the cause remanded.
Reversed and remanded.
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Windham v. State
... ... require more than a citation of the cases containing the ... decisions. State v. McCarty, 5 Ala.App. 212, 59 So ... 543; Whaley v. State, 168 Ala. 152, 52 So. 941, 30 ... L.R.A. (N.S.) 499; Hicks v. State, 75 So. 636; ... Floyd v. State, 74 So. 752; State v ... Strawbridge, 76 So. 479 ... It is ... also insisted that the license tax in question is void ... because it is a property tax, and, not having been levied ... according to the valuation of the property, is invalid. There ... is no merit in this insistence. A license tax is not a ... property ... ...
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State v. Kirkpatrick
... ... The local act of 1919, ... supra, must therefore be construed, in conjunction with the ... local act of 1907, as well as with the following: Acts 1915, ... p. 573; Posey v. State, 17 Ala. App. 448, 86 So ... 117; Hicks v. State, 16 Ala. App. 88, 75 So. 636; ... State v. Strawbridge, 16 Ala. App. 195, 76 So. 479, ... Id., 201, Ala. 62, 77 So. 356; Oliver v. State, 16 ... Ala. App. 533, 79 So. 313; Mills v. Conecuh County, ... 204 Ala. 40, 85 So. 564; Conecuh County v. Simmons (Ala ... App.) 95 So. 488. The act approved September 22, 1915, ... supra, as amended by act ... ...
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Womack v. State
... ... 78 So. 313, and authorities there cited ... 3 and ... 4. The questions as to the third and fourth contentions made ... by appellant have already been answered adversely to him in ... the cases of Hudgens v. State, supra; Windham v ... State, 77 So. 963, and State v. Strawbridge, 76 ... We find ... no error in the record, and the judgment is affirmed ... ...
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