Bradley v. State Ex Rel. Rockwell

On Rehearing.

ANDERSON, C. J.

We have considered with care and interest the able and exhaustive brief of counsel, wherein it is urged that the conclusion of this court that the act in question is repugnant to section 23 of the Constitution of 1901 is wrong. IPirst, we do not take issue with the general assertion that the Legislature has the power to enact all laws not prohibited by the Constitution, or with the suggestion that what is termed an “assessment for local improvements” does not fall within the restrictive provisions of our Constitution in dealing with taxation, as held in Birmingham…