Legal Opinion

Ex parte Lambert

Supreme Court of Alabama

Decided January 15, 1875PublishedCited by 23 opinions

Application for mandamus renewed in this court after being refused by City Court of Montgomery, Hon. J. A. Minnis presiding judge, upon a state of facts fully set forth in the opinion. 1. The Controlling question in this case is, whether the power of our legislature over the “ compensation ” of the commissioner of the Bureau of Industrial Resources is unlimited. 2. If it had been intended by the framers of our Constitution to leave it in the discretion of the legislature to…

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Application for mandamus renewed in this court after being refused by City Court of Montgomery, Hon. J. A. Minnis presiding judge, upon a state of facts fully set forth in the opinion. 1. The Controlling question in this case is, whether the power of our legislature over the “ compensation ” of the commissioner of the Bureau of Industrial Resources is unlimited. 2. If it had been intended by the framers of our Constitution to leave it in the discretion of the legislature to reduce the compensation of the commissioner to a sum known by all fair and intelligent men to be grossly inadequate and…

1Opinion of the CourtBrickell, C. J.

The 12th article of the Constitution declares “ A Bureau of Industrial Resources shall be established, to be under the management of a commissioner, who shall be elected at the first general election, and shall hold his office for the term of four years.” The duties of the commissioner are enumerated with some particularity, and the general assembly is required, at its first session after the adoption of the Constitution, “ to pass such laws and regulations as may be necessary for the government and protection of the bureau, and also to fix and provide for the compensation of the…

2Cases cited3 opinions

  1. Borman v. StateSupreme Court of Alabama · 1859
  2. Warner v. People ex rel. ConnerNew York Supreme Court · 1845
  3. In re DorseySupreme Court of Alabama · 1838

3Cited by23 opinions

  1. Shaw v. City CouncilSupreme Court of Iowa · 1905
  2. Gorham v. RobinsonSupreme Court of Rhode Island · 1936
  3. Almon v. Morgan CountySupreme Court of Alabama · 1944
  4. City of Birmingham v. Louisville N. R. Co.Supreme Court of Alabama · 1926
  5. McGovern v. MitchellSupreme Court of Connecticut · 1906

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