DocketNumber: 1 Div. 903.
Citation Numbers: 165 So. 249, 231 Ala. 350
Judges: GARDNER, Justice.
Filed Date: 11/7/1935
Status: Precedential
Modified Date: 1/11/2023
We have re-examined the question in the light of the able argument for appellants and the authorities noted. But the matters now pressed for consideration were duly weighed upon original consideration of the cause. Counsel have forcibly presented the opposing view, but after due deliberation we are not persuaded that the opinion delivered is laid in error. No good purpose would be subserved by a rediscussion of the argued questions, and we therefore rest content with what has been said as expressive of our views.
In the court below other constitutional questions were duly raised, though not argued here upon original submission, and appellants press upon our attention two other constitutional objections, which will be briefly considered, conceding (without deciding) that under the authority of Dunn v. Dean,
The first insistence relates to section 256 of the Constitution, the argument being that the act here in question is violative thereof in that it destroys uniformity as to the system of common schools in the state. Among the cited authorities is Ellis v. Greaves,
True our court has interpreted this provision as meaning such a system as would "operate upon, and in favor of, all the children equally, without special local privileges to any" (Elsberry v. Seay,
The act does not offend section 256 for the reason that uniformity is not therein required. Nor do we understand that a consideration of section 270 adds weight to such insistence, as this is merely a provision designed especially to exempt the county of Mobile that it may continue with its own separate and distinct school system.
The remaining insistence is that the act is violative of section 175 of the Constitution, which prescribes the method of removal from office. It may be conceded that as members of the school board with a fixed term these respondents come within the protective influence of this provision of our Constitution. Owens v. City Council of Troy,
But that is not the act here in question, as this act abolished the office of the county board of education, and establishes in lieu thereof a county school commission, with the same powers as the old board, but with new duties and powers, material and significant. This the Legislature had the right to do.
In Hawkins v. Roberts Son,
Like observations are applicable here, and we consider this authority suffices to dispose of this contention without further discussion.
Upon due consideration, therefore, it appears that appellants fell into no error in selecting in the first instance their contention that the provisions of section 106 of the Constitution presented the most material and vital point in the case. We so consider it, but we yet feel that the original opinion correctly dealt with that contention.
It results, therefore, that the application for rehearing will be denied.
Application overruled.
BOULDIN, FOSTER, and KNIGHT, JJ., concur.