Wolf v. Taylor

• Decision Date: 27 July 1893
• Citation: 98 Ala. 254,13 So. 688
• Parties: WOLF, JUDGE, v. TAYLOR, TREASURER.
• Court: Alabama Supreme Court

13 So. 688

98 Ala. 254

WOLF, JUDGE, v. TAYLOR, TREASURER.

Supreme Court of Alabama

July 27, 1893

Appeal from circuit court, Marengo county; James T. Jones, Judge.

Mandamus by James W. Taylor, treasurer of the city of Demopolis against Samuel G. Wolf, judge of probate of Marengo county to pay over to relator certain moneys in his hands. Writ granted. Defendant appeals. Reversed.

Wm. L Martin, Atty. Gen., for appellant.

Taylor & Elmore, for appellee.

HARALSON J.

This is a proceeding by mandamus by the appellee, against the appellant, to compel him to pay to appellee certain license moneys derived from the sale of state and county licenses to sell liquor within the corporate limits of the city of Demopolis. It was commenced by petition to the judge of the first judicial circuit. The defendant accepted service of the petition, filed his answer, and waived issuance and notice of a rule nisi. The judge granted the prayer of the petition and commanded the defendant to pay over to the petitioner, as treasurer of the city of Demopolis, the sum of $1,837.50, the same being the total amount of money collected by him, as probate judge of Marengo county, for the state and county, for liquor licenses issued by him as such judge of probate to liquor dealers in the city of Demopolis, and to accept the receipt of the petitioner therefor. This appeal by the defendant is to reverse that order.

The claim of said city to said moneys is based on the provisions of section 26 of an act of the general assembly approved February 7, 1893, entitled "An act to amend 'An act to establish a new charter for the city of Demopolis,"' (Acts 1892-93, p. 272.) Said section 26 reads as follows: "That all funds arising under the general revenue law of the state for liquor licenses issued to parties carrying on business within the police jurisdiction and limits of said city shall be paid over by the probate judge of Marengo county to the treasurer of said city of Demopolis to be held and used exclusively for the maintenance and support of the public schools in said Demopolis school district; and the auditor of the state shall accept from said probate judge the receipt of said treasurer for such fund as a full and satisfactory voucher in payment of such license." The appellant insists that said section of said act is violative of section 2, art. 4, of the constitution, in two particulars, namely, of that part of section 2 which provides that "each law shall contain but one subject, which shall be clearly expressed in its title," and of that part of section 32 of said article 4 which provides that all other than general appropriations shall be made by separate bills.

1. The act of which said section 26 is a part, with the caption above quoted, relates to but one subject,-that of amending the act to establish a new charter for said city. Under this caption the act proceeds to establish an entirely new charter for the city, as complete in all its provisions as if one had never existed before, containing much that was in the old charter, and many provisions besides, and repeals all in the old which is in conflict with the new charter. The scope given to the amendatory act, in so far as it did not offend constitutional requirements, was legitimate, though its title would have been more apposite if it had been to create a new...