Steiner & Sons v. Ray
Supreme Court of Alabama
Appeal from Butler Circuit Court. Tried before the Hon. John P. Hubbard. argued the act establishing the agricultural department was unconstitutional: 1st, one-third of the money paid for the tags is paid to and used for the A. & M. College at Auburn and thereby violates art. I, sec. 24 of the constitution; 2d, the act violates constitution art. 2, sec. 1; 3rd, it violates art. II, sec. 4; 45 Ala. 317; 77 Ala. 602; 4th, it taxes only commercial fertilizers: Potter’s Dwarres…
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Appeal from Butler Circuit Court. Tried before the Hon. John P. Hubbard. argued the act establishing the agricultural department was unconstitutional: 1st, one-third of the money paid for the tags is paid to and used for the A. & M. College at Auburn and thereby violates art. I, sec. 24 of the constitution; 2d, the act violates constitution art. 2, sec. 1; 3rd, it violates art. II, sec. 4; 45 Ala. 317; 77 Ala. 602; 4th, it taxes only commercial fertilizers: Potter’s Dwarres on stat., 444 et seq-, Cooley’s Const. Lim., 706, 720; 5th, it violates art. 4, sec. 2. — 75 Ala. 534: 80 Ala. 96; 6th,…
1Opinion of the CourtStone, C. J.
The consideration, of the note sued on in this case was a commercial fertilizer, sold by appellants to appellees in April, 1884. The act “ to establish a department of agriculture for the State of Alabama,” approved February 23rd, 1883 — Sess, Acts 190 — determines the rights *94of the parties to this suit. — Code of 188G, §§ 129 el seq. The constitutionality of that statute is assailed on many grounds. As we understand the statute, its controlling purpose was to guard the agricultural public against spurious and worthless compounds, sometimes sold as fertilizers, to fix on sellers a statutory…
2Cases cited1 opinion
- Campbell v. SegarsSupreme Court of Alabama · 1886
3Cited by16 opinions
- State ex rel. Crumpton v. MontgomerySupreme Court of Alabama · 1912
- Walls v. Decatur Fertilizer Co.Supreme Court of Alabama · 1926
- State v. W. S. Buck Mercantile Co.Wyoming Supreme Court · 1928
- Johnson v. Hanover National BankSupreme Court of Alabama · 1889
- Marshall v. Department of AgricultureIdaho Supreme Court · 1927
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