Board of Revenue and Road Com'rs v. Puckett

It is conceded, and in fact the act recites, that the beneficiary therein had no legal claim against the county. This being so, the act authorizes a mere gift or donation in violation of section 94 of the Constitution. This provision appeared as section 55 of article 4 of the Constitution of 1875, which was construed in the case of Garland v. Board of Revenue of Montgomery County, 87 Ala. 223, 6 So. 402, and readopted without change in the Constitution of 1901.

THOMAS and BROWN, JJ., concur in the foregoing dissent.