The Richmond Indiana palladium. [volume] (Richmond, Ind.) 1854-1855, 1855-12-06
IN THE SUPREME COURT.
NAY TERM, 1855.
APPELLEE'S BRIEF
CONTINUED.

We propound the question IN thlS ganerai
Iorm, because counsel for the appellant insist
that the whole act is void. On the other
hand we insist that the constitutiona,.ty Of
the entire act is not involved III this case; and
that as the appellant was prosecuted for
ufacturing and selling intoxicating liquor con
tTary 10 the statute, that part OF 1t only which
prohibits the manufacture and sale can be
brought into question. We contend, there
fore that il is enough for the present case, il
those portions of tie act forbid the manutaa
ture aud sale are held valid. Blu:
satisfied that the whole act is constitutional,
and opponents choose to attack the
whole Of 1t. We have no particular objection
to attempt the defence OF the entire statute.
/. The appellants first attack is upon the
title of the statute The title is follows:
"An act to prohibit the manufacture and sale
of spirituous and intoxicating liquors, except
in the cases therein named. and to repeal all
former acts inconsistent herewith, and for the
suppression OF intemperance." Our oppo-
nents argue that this title, taken in connection
with the body of the act, violates the 10Th
section Of the 4th article of the constitution.
That section reads thus: Every act shall en-
brace but one subject and matters properly
connected Herewith; which subject shall be
embraced in an act, which shall not be ex-
DTtSseu III lIiC Tue, SuCn ACT Sllall US
ly as to 50 much thereof as shall not be
expressed in the tile
As we understand the appellants attorneys,
they insist that under this constitutional pro-
vision, the title above quoted is defective, as
containing more than one subject, and as ex-
pressing no subject bread enough to compre-
hend the various matters in the body OF the
act. Let see if this objection has a solid
foundation.
How should the word subject as it oc-
ours in the constitution, be defined? Though
in logic and grammar it has technical mean
ings, yet here it is obviously to be understood
in the popular sense. Among ten definitions
given to it by Webster, he says it Signifies
'that on which any mental operation is per-
formed; that which is treated or handled
We find the following in Crabb's English Sy
nonymes: Subject, in Latin sutJectus, parti-
ciple OF suJseio, 10 lie under, signifies the
thing forming the ground work" The term
must then mean what Blackstone calls ''the
subject matter" Of law, what is treated or
handled, the general topic including all mat
ters which properly belong to it or 'lie under"
it.
The subject" then. is. to the matters
which naturally range under 1t, in natural
science. genus is to species.
Now. 1t should be observed that the Con
stitution employs general term. ''the sub
Ject," not particular subject. or a narrow
subject. an invisible subject. It's language,
therefore, fairly embraces general topics as
particular ones; comprehensive, as well as
narrow ones. And as genus may be but a
species of higher genus, the subject of a
statute may be but subdivision of a more
comprehensive subject. And the general ex
preston in the constitution obviously leaves
it to the decision of the Legislature to adopt
the more limited or more comprehensive sub
iect, as may be deemed best 1t only re-
quires, that nothing foreign 10 the subject
adopted shall be included in the body of the
act
To illustrate this idea still further: suppose
that the subject Of book i, merely and sim
ply law; Its pages might properly embrace alt
kindS OF law both divine and human. bosh
international and municipal. both written aud
unwrltten. But il it, subject Is Civil Proce
dure, II could properly embrace only Plead
ing, Practice and Eyidence-speccs oi nu-
nicipal law. lifts subject Is Evidence. Plead
iny and Practice would not be matters prop
ery connec ed herewith And Tits subjec;
Were Criminal Evidence, that which relates
10 civil proceedings would be excluded. And
yet all these. from the highest TO the lowest,
are equally and obviously proper subjects for
treatise or a book.
The view OF the constitutional sense OF the
term subject, Is siren stheneI by the consider
alton that the section under review docs nos
require tha. the matters properly connected
with the subject shall be expressed in the tide
bu. only that the subject itself shall be there
expressed. And any other view OF the mat
ter would defeat the object OF the section. by
requiring the title to be As full and as long as
the body Of the act.
But hotr must the subject ''be expressed
in the lite?' We submit that the constilu
ton does not 4uire logical accuracy of eN
preston. l. is enough if the subject can be
fairly collected from the language of the tile.
1t need not be expressed, er directo, as single,
specific thing: but the objects of the law may
be enumerated in the title. and If. taken to-
gether. they fairly constitute the subject, that
subject is sufficiently expressed. And aS a
comprehensive subject, If singly expressed.
would necessarily give but general and
vague idea Of the matters comprehended un
der IT, i may often happen that the spirit and
intent Of the constitutional provision in ques-
,ou-the calling of attention. to the subject
matter by the significance of the title-will
De most ettectually carried out by e1p-essin.
the subject by specific enumeration of is
componentpa parts; or, in addition TO the gener-
al announcement OF the subject, by stating
the particulars which it comprises. or bv sta.
ting the radical objects at which the law is
aimed. And these particulars may be stated
before or after the announcement OF the sub
ject in general terms; or that announcement
being omitted, the general subject may be
collected from the particulars stated. Thus.
in the act under consideration. the phrase .'to
prohibit the manufacture and SALE as stated
in the title, was prehNed 10 that part Of the
tide which expresses the subject-matter. ina
more general way. in order TO give promi
nence To the leading instrumentalities By which
the suppression of in,empersnee" is pro-
posed TO be accomplished.