W. B. Dortch, of Gadsden, for appellant.
A City cannot grant to a corporation organized under Act No. 228 of 1937, as amended,
to sell water to its inhabitants and to the city itself, the right to use the streets,
avenues and alleys and other public places of the city in the course of its operations,
for a period longer than thirty years. Const. 1901 § 228. Bonds issued by the
Water Works Board of the City of Gadsden for the purpose of improving and extending
an existing water works system must be considered to evidence an indebtedness of
the City for the purpose of determining whether or not the City has reached its
debt limit as prescribed by section 225 of the Constitution. In re Opinions of the
Justices, 226 Ala. 570 , 148 So. 111 ; Oppenheim v. City of Florence, 229 Ala.
50 , 155 So. 859 ; Smith v. Town of Guin, 229 Ala. 61 , 155 So. 865 ; Bankhead
v. Town of Sulligent, 229 Ala. 45 , 155 So. 869 , 96 A.L.R. 1381; Smith v. WaterWorks
Board of City of Cullman, 234 Ala. 418 , 175 So. 380 ; Randall v. State, 233 Ala.
446 , 172 So. 277 ; Town of Opp v. Donaldson, 230 Ala. 689 , 163 So. 332 ; Schnell
v. Rock Island, 232 Ill. 89 , 83 N.E. 462 , 14 L.R.A., N.S., 874; Joliet v. Alexander, 194
Ill. 457 , 62 N.E. 861 ; Hoffman v. Kline, 300 Pa. 485 , 150 A. 889 ; Madden v.
Borough of Mt. Union, 322 Pa. 109 , 185 A. 275 . Such Board, organized under Act
No. 228 of 1937, as amended, cannot issue bonds on system transferred to it under
Act No. 494 of 1939 without first securing approval of the voters of the City in
an election duly held as required by Section 222 of the Constitution. In re Opinions
of the Justices, supra; Oppenheim v. City of Florence, supra; Randall v. State,
supra. A city may not convey property owned by it and dedicated to a public use
to an independent corporation for an inadequate consideration. Cleveland v. Public
Library Board, 94 Ohio St. 311 , 114 N.E. 247 ; Const. 1901, § 94. An Act
of the legislature violates section 45 of the Constitution and is void if the body
of the Act is broader than, and contains subject matter
not germane to, the title of said act. Lindsay v. United States Sav. Loan Ass'n, 120
Ala. 156 , 24 So. 171 , 42 L.R.A. 783; Yerby v. Cochrane, 101 Ala. 541 , 14 So.
355 ; Moses v. Mayor, etc., of Mobile, 52 Ala. 198 ; Sanders v. Court of Com'rs
of Elmore County, 117 Ala. 543 , 23 So. 788 ; Thompson v. Town of Luverne, 128
Ala. 567 , 29 So. 326 ; Fuqua v. City of Mobile, 219 Ala. 1 , 121 So. 696 ; Board
of Revenue v. Jansen, 224 Ala. 240 , 139 So. 358 . A City may not convey a water
works system owned by it without approval of the electors of the City, and, also,
approval of Public Service Commission. Code, §§ 2059-2069, 9825. A water
works board may not acquire properties with which it proposes to engage in the business
of selling water without first securing a certificate of convenience and necessity.
Code, § 9825. The water works board may not legally issue and sell bonds without
notice to and approval of the Department of Finance. Gen. Acts 1935, pp. 151, 195;
Acts 1939, Act No. 112; Alabama Power Co. v. City of Scottsboro, 189 So. 559 .
The water works board, organized under Act No. 228 of 1937, has no power or authority
to furnish water or service to persons in territory surrounding the City.
Frank J. Martin, of Gadsden, and F. E. St. John, Jr., of Cullman, for appellees.
The right of the water works board to use avenues, streets, and alleys and other
public places in the city is not derived from a franchise granted by the city and
so is not subject to the limitations imposed by the Constitution, § 228. The
right is implied from the act creating the board, subject to Constitution, §
220. City of Montgomery v. Orpheum Taxi Co., 203 Ala. 103 , 82 So. 117 ; Giglio
v. Barrett, 207 Ala. 278 , 92 So. 668 ; City of Mobile v. Farrell, 229 Ala. 582
, 158 So. 539 . Issuance of bonds by the City of Gadsden for purpose of improving
and extending its water works is excepted from the debt limitation in Constitution,
§ 225. Thomason v. Court of County Com'rs, 184 Ala. 28 , 63 So. 87 . Debts
of water works board cannot be taken to be an indebtedness of the City, within the
meaning of Constitution, § 225. Const. § 93; Harkins v. Smith, 204 Ala.
417 , 85 So. 812 ; Smith v. Waterworks Board, 234 Ala. 418 , 135 So. 380 ; Campbell
v. Indianapolis, 155 Ind. 186 , 57 N.E. 920 ; Coppin v. Board of Education, 155
Ky. 387 , 159 S.W. 937 ; Kelley v. Brunswick School Dist., 134 Me. 414 , 187 A.
703 ; Hyde v. Ewert, 16 S.D. 133 , 91 N.W. 474 ; Board of Education of Chicago
v. Upham, 357 Ill. 263 , 191 N.E. 876 , 94 A.L.R. 813; Lippert v. School Dist., 187
Wis. 154 , 203 N.W. 940 ; Tuttle v. Polk, 92 Iowa 433 , 60 N.W. 733 ; Borrowdale
v. Board of County Com'rs, 23 N.M. 1 , 163 P. 721 , L.R.A. 1917E, 456; Kennebec
Water Dist. v. Waterville, 96 Me. 234 , 52 A. 774 ; Geary v. Board of Com'rs, 139
La. 781 , 72 So. 245 ; Robertson v. Board of Library Trustees, 136 Cal. 403 , 69
P. 88 . Issuance of bonds by public corporation organized pursuant to Act No. 228
of 1937, as amended, is not controlled or regulated by Constitution, § 222.
Const. § 213; Smith v. Waterworks Board, supra; Harkins v. Smith, supra; Alabama
State Bridge Corporation v. Smith, 217 Ala. 311 , 116 So. 695 ; Harman v. Alabama
College, 235 Ala. 148 , 177 So. 747 ; In re Opinions of the Justices, 226 Ala.
570 , 148 So. 111 ; Oppenheim v. City of Florence, 229 Ala. 439 , 155 So. 865
; Randall v. State, 233 Ala. 446 , 172 So. 277 . The City, acting under grant of
authority by the legislature, may convey its water works system to the independent
public agency under the terms shown, title to revest in city upon full payment of
all claims having lien on the property or its revenue. Const. § 94; Green v.
Thomas, 37 Ohio App. 489 , 175 N.E. 226 . The water works board is not a "Corporation"
within the meaning of the term, as used in Constitution, § 94. Garland v. Board
of Revenue, 87 Ala. 223 , 6 So. 402 ; Southern R. Co. v. Hartshorne, 162 Ala.
491 , 50 So. 139 ; Rogers v. White, 14 Ala. App. 482 , 70 So. 994 ; Griffin v.
Jeffers, 221 Ala. 649 , 130 So. 190 ; Stone v. State, 223 Ala. 426 , 136 So.
727 ; Minneapolis v. Janney, 86 Minn. 111 , 90 N.W. 312 ; Sambor v. Hadley, 291
Pa. 395 , 140 A. 347 ; Re Opinion of the Justices, 261 Mass. 523 , 159 N.E. 55
. Section 45, Constitution, is to be liberally construed; the title of an Act is
not required to express in minute detail each and every provision contained in the
body of an act. State v. Sayre, 118 Ala. 1 , 24 So. 89 ; Ex parte Pollard, 40
Ala. 77 ; Ex parte Mayor, etc., of City of Birmingham, 116 Ala. 186 , 22 So. 454
; Ballentyne v. Wickersham, 75 Ala. 533 ; In re Opinions of the Justices, 228
Ala. 140 , 152 So. 901 ; Skinners Ala. Const.Anno. p. 299 et seq.; 59 C.J. 1052.
Act No. 494 of 1939 amends Code, § 2061, so as to enable a municipal corporation
to convey water works system to board organized under Act No. 228 of 1937, as amended,
without approval of voters. Code 1923, §§ 2059-2069. And the city may
convey
without approval of Public Service Commission. Code, §§ 9825, 2059; Birmingham
Electric Co. v. City of Bessemer, 237 Ala. 240 , 186 So. 569 ; Culpepper v. Phenix
City, 216 Ala. 318 , 113 So. 56 . Nor is it necessary that notice be given to and
approval secured from the Department of Finance. Such Board does have the power
to serve persons in territory surrounding the city.