Whaley v. State
Supreme Court of Alabama
Appear from Jefferson Criminal Court. Heard before Hon. S. L. Weaver. R. A. Wlialey was convicted of buying or receiving a transfer issued by a street car company for the purpose of using it as fare, and he appeals. The law is clearly unconstitutional as a delegation of legislative authority to the officers of a street railway corporation. As to what a fact is see. — Huber v. Guggenheimer, 89 Fed. 598; Woodfill v. Patton, 40 Am.
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Appear from Jefferson Criminal Court. Heard before Hon. S. L. Weaver. R. A. Wlialey was convicted of buying or receiving a transfer issued by a street car company for the purpose of using it as fare, and he appeals. The law is clearly unconstitutional as a delegation of legislative authority to the officers of a street railway corporation. As to what a fact is see. — Huber v. Guggenheimer, 89 Fed. 598; Woodfill v. Patton, 40 Am. Rep. 269;. 3 Words & Phr. 2638. The power conferred on the legislature to make laws cannot be delegated by it to any other body or authority. — Cooley’s Const. Lim.…
1Opinion of the CourtAnderson, J.
It first appeared to this court, that the act in question (Sp. Sess. Laws 1907, p. 89) was violative of the Constitution because it delegated to officials of street railroad companies, not only the right to legislate, but to, in effect, suspend the law by a suspension or abolition of the rules. The question is still a close one, but all doubts should be resolved in favor of the constitutionality of a law, and it should be upheld when it is capable of being construed so as to harmonize with the Constitution without doing violence to the legislative intent. The right to make reasonable rules by…
2Cited by34 opinions
- Alabama State Federation of Labor v. McAdorySupreme Court of Alabama · 1944
- State ex rel. Crumpton v. MontgomerySupreme Court of Alabama · 1912
- Bailey v. Van PeltSupreme Court of Florida · 1919
- Franklin v. State Ex Rel. Alabama State Milk Control BoardSupreme Court of Alabama · 1936
- Norton v. LuskSupreme Court of Alabama · 1946
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