State ex rel. Saltsman v. Weakley
Supreme Court of Alabama
Appeal from Jefferson Circuit Court. Heard before Hon. A. O. Lane. Petition by the state, on the relation of P. E. Salts-man, for quo warranto to test the right of John B. Weakley and others to the office of police commissioners of the city of Birmingham. Prom a judgment sustaining a demurrer to the petition, relator appeals.
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Appeal from Jefferson Circuit Court. Heard before Hon. A. O. Lane. Petition by the state, on the relation of P. E. Salts-man, for quo warranto to test the right of John B. Weakley and others to the office of police commissioners of the city of Birmingham. Prom a judgment sustaining a demurrer to the petition, relator appeals. The law creating the Police Commission of Birmingham is a local law under section 110 of the Constitution of 1901. — Covington v. Thompson, 142 Ala. 107; State ex rel. Attorney General v. Sayre, 142 Ala. 641; Griffin v. Drennen, 145 Ala. 131. The Act, in fact, applies to…
1Opinion of the CourtAnderson, J.
— The petition in this case charges the respondents with holding office under and by virtue of the act of March 7, 1907 (page 402 of Acts of 1907) and which provides for the establishment of police commissions “in cities of 35,000 population, or more, in counties of 125,000 or more population, and to define their terms of office, duties and powers,” and avers that said act is invalid and unconstitutional, because a local law, under the meaning of section 110 of the Constitution of 1901, and repugnant to section 106 for the reason that no notice was given by publication of the intention to…
2Cases cited6 opinions
- Wheeler v. PhiladelphiaSupreme Court of Pennsylvania · 1875
- In the Matter of the Application of ChurchNew York Court of Appeals · 1883
- State ex rel. Covington v. ThompsonSupreme Court of Alabama · 1904
- Scowden's AppealSupreme Court of Pennsylvania · 1881
- Griffin v. DrennenSupreme Court of Alabama · 1906
1 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Reynolds v. CollierSupreme Court of Alabama · 1920
- State ex rel. Meyer v. GreeneSupreme Court of Alabama · 1908
- State ex rel. Crenshaw v. JosephSupreme Court of Alabama · 1911
- Board of Revenue v. HueySupreme Court of Alabama · 1916
- Ward v. State Ex Rel. LeaSupreme Court of Alabama · 1932
15 more not listed; retrieve them via the Exa API.