Legal Opinion

Downs v. City of Birmingham

Supreme Court of Alabama

Decided October 17, 1940No. 6 Div. 710, 710APublishedCited by 20 opinions

1Opinion of the Court

FOSTER, Justice.

The questions which have primary consideration on this appeal are in respect to the force and effect of the “Sparks” Amendment to the Constitution. XXVI A, Article XXIV, Skinner’s Alabama Constitution, page 991.

The argument is in two phases: 1. The validity of the amendment in so far as it purports to suspend all provisions of the Constitution which prohibit or restrict the legislature from decreasing or diminishing the salary of a public officer of the State, county or city, from September 1, 1933 (when, according to its terms, it had operation — since it was proclaimed to be…

2Cases cited31 opinions

  1. Luther v. BordenSupreme Court of the United States · 1849
  2. Miller v. MarxSupreme Court of Alabama · 1876
  3. Collier v. FriersonSupreme Court of Alabama · 1854
  4. Johnson v. CraftSupreme Court of Alabama · 1921
  5. Howell v. City of DothanSupreme Court of Alabama · 1937

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3Cited by20 opinions

  1. City of Montgomery v. WeldonSupreme Court of Alabama · 1967
  2. Almon v. Morgan CountySupreme Court of Alabama · 1944
  3. Morgan v. Board of Sup'rsArizona Supreme Court · 1948
  4. State Ex Rel. Hyland v. BaumhauerSupreme Court of Alabama · 1942
  5. City of Anniston v. RosserSupreme Court of Alabama · 1963

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