Legal Opinion · Dissent

County Commission of Jefferson County v. Fraternal Order of Police, Lodge 64

Supreme Court of Alabama

Decided December 22, 1989No. 88-929, 88-1020 and 88-1090Published

1DissentMaddox, Justice

The majority concludes that “[bjecause the subject matter of the compensation of the officers was already provided for in Act No. 248, a general law, the legislature had no authority to pass a local act involving the same subject,” and that Act No. 88-897 is unconstitutional because, “specifically, it violates § 105 of the Alabama Constitution of 1901.”

Upon the adoption of the Constitution of 1901, of course, the legislature was powerless to “enact any law not applicable to all the counties in the state, regulating costs and charges of courts, or fees, commissions or allowances of public…

2Cases cited3 opinions

  1. Osborn v. HenrySupreme Court of Alabama · 1917
  2. Belcher v. McKinneySupreme Court of Alabama · 1976
  3. Jefferson County v. DockertySupreme Court of Alabama · 1947

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