Miller v. Mayor of Birmingham
Supreme Court of Alabama
Appeal from Jefferson Criminal Court. Heard before Hon. Daniel A. Greene. George Miller was convicted of peddling milk and butter without a license in violation of a city ordinance, and he appeals. Paragraph 261 of the city ordinance of the city of Birmingham is not authorized by the charter of the city nor by any general law, and is also violative of articles 11 and 12 of the Constitution of 1901. This ordinance is a revenue tax. — Dillon’s Munic. Corp. 768; 36 Am.
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Appeal from Jefferson Criminal Court. Heard before Hon. Daniel A. Greene. George Miller was convicted of peddling milk and butter without a license in violation of a city ordinance, and he appeals. Paragraph 261 of the city ordinance of the city of Birmingham is not authorized by the charter of the city nor by any general law, and is also violative of articles 11 and 12 of the Constitution of 1901. This ordinance is a revenue tax. — Dillon’s Munic. Corp. 768; 36 Am. Bep. 518. The tax was void. — Kents v. Mobile, 24 South. 932; St. Louis v. Green, 70 Mo. 562; 35 Am. Bep. 702; City of St.…
1Opinion of the CourtHaralson, J.
The appeal in this case is prosecuted from a judgment of conviction against the defendant for the violation of an ordinance of the city of Birmingham, requiring a license for milk or butter peddlers. The appellant Avas convicted in the police court, and appealed to the criminal court of Jefferson county, where he demanded a trial by jury, which demand Avas denied.
The law is well settled in this state that the constitutional guaranty of a trial by jury does not apply to the violation of a municipal ordinance, at least, where suck *471ordinance is not of itself also a violation of the criminal laws…
2Cases cited4 opinions
- Duncan v. MissouriSupreme Court of the United States · 1894
- Van Hook v. City of SelmaSupreme Court of Alabama · 1881
- Lowe v. KansasSupreme Court of the United States · 1896
- Bray v. StateSupreme Court of Alabama · 1903
3Cited by6 opinions
- American Bakeries Co. v. City of HuntsvilleSupreme Court of Alabama · 1936
- City of Troy v. Western Union Tel. Co.Supreme Court of Alabama · 1909
- Edgil v. City of Carbon HillSupreme Court of Alabama · 1926
- Standard Oil Co. v. City of BirminghamSupreme Court of Alabama · 1918
- Smalley v. City of OneontaSupreme Court of Alabama · 1950
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