State Ex Rel. Carter v. Harris

SIMPSON, Justice.

This is an appeal from a judgment of the Circuit Court of Mobile County in an action in the nature of quo warranto filed in the name of the State on the relation of Huston Carter, appellant (see Code 1940, Title 7, § 1136) holding Act No. 631, 1959 Acts of Alabama, Vol. 2, p. 1535 constitutional and valid as against the proscriptions of §§ 104(6), (17), (18), and 105, Article 4 of the Constitution of 1901.

Trial was had upon an agreed statement of facts. The Act under attack is local applying to the City of Mobile.

The most serious challenge to the Act is that it violates…