Dennis v. Prather

Prior to 1901 the Legislature possessed plenary powers in the location and removal of county seats. Marengo County v. Matkin, 134 Ala. 275, 288, 32 So. 669. The Constitution of 1901, § 41, depiares ;

“No courthouse or county site shall be removed except by a majority vote of the qualified electors of said county, voting at an election held for such purpose, and when an election has once been held no other election shall be held for such purpose until the expiration of four years.”

This provision is a limitation upon the legislative power, and aside therefrom the plenary power of the Legislature…