The Richmond Indiana palladium. [volume] (Richmond, Ind.) 1854-1855, 1855-12-06


within the meaning Of The Constitution tie
title in question embraces more than one sub
iect. Il expresses one only, and that, as we
have seen, is s'the suppression oi lntemper-
ance" Ii j. true that the title mentions 9TH
er matters; but they are plainly those subordi
nate matters properly connected with the
subject aud are unnecessarily introduced into
the tile To demonstrate this, we need only
observe that tie general and leading design of
the whole act, indicated as well BY its body
as bv It's title. is ''the suppression OF intem-
Derance." and that the Legislature ranifes.,y
propose to carry out that design by the subor
dinate means of prohibiting the manufacture
and sale of intoxicating drinks, except under
certain restrictions. and By repeating prior
laws incon>isten. with that statute Here are
obviously. the th.ng to be accomplished, and
the means By which is accomplishment is
propo>ed-,he ''subj-c. and matters properly
connected herewith "
As to he repeal indicated in the title, it ev
iden5ly is mere surPiusage. And the same
is true of the repeating section IN tie acl.-
Surely. ''all acts and parts OF ac.S Inconsistent
with The provisions OF this ac:. >" would, with
out an express provision 70 that effect. stand
repealed by implication. Lsgss postsriores
prioyes contrGrias Arrogant This unnecesSa-
~ clause ia tie title. and tlis useless repealng
section, cannot, therefore, affect the useful
parts Besides. If il We're Otherwise, the re-
peal of prior laws deemed untayoTablc 10 the
subject of the act. j a ''ma;ter properly con-
ncc,ed with that subject, and cannot, there
fore, render the title defective, or the act un-
consli.u ional.
In Spencer v TIE State. 5 Ind. f. Al, tie
validity Of the title of the act of June !. so.
came in question. The title was, AN act
providing for an organization OF Circuit
Courts, the election OF Judges. thereof, and
defining their powers ani duties R. s,
5. This act, among great variety OF other
provisions. virtually repealed portion of the
Common Pleas act. The tile contained no
intimation of that repeal; and it moreover
seemed to contain three subjects, namely: the
organization of Circuit Courts, lhe election
of judges, and their powers and duties
Doubtless our opponents could have made q
most specious argument sgainst the validity OF
this title. But Perkins. j., il delivering the
opinion of the Court, took a more reasonable
view of the constitutional ques,ion--ior
tunatey for us, the same view by us above
indicated He does not stick 10 the letter; he
looks to the spirit of the constitution; and it
is remarkable that he adopts the expression
subject matter, as equivalent 10 the term
subject In the constitution. lie remarked
that, If it be said that the constitution pro-
hibts the effect given to the Circuit Court
ect, we reply that that act contains no pro-
visions other than upon lie subject matter of
it, as indicated by its title aud hence is in con
formity 10 that instrument. and any effect it
may have by implication upon prior statutes,
is not within any constitutional prohibition
Then, the subject expressed in the title to
this act, is clearly '"he Suppression oi intem
perance." Let Us now inquire whether the
appellant is right i'll his position that The act
itself is defective, As embracing more than
zone subject, and matters properly connected
there wish
The multiplicity and variety Of matters
which the act contains, can b. no objection,
ii these properly belong 10 the subject \
subject may have a vast variety OF matters
properly connected with il. The subject of
that immortal epic the Had, is Achilles
wrath" It's uui.y is one Of It's greatest ex-
cellencies, and y=t il Is fall Of variety. l.
brings before us lair women and brave nen"
Heroes and gods sre seen in i:s train. 1t
causes fleets and armies, aud tie lofty walls
OF Troy 10 pass before us IN panorama. Yet
what crisIc ever VeDtIrej Ire opinion that
there i one S.anz1. one verse, one matter
IN the llad, not properly CONNECTED with
the subject, Achilles wrath, expressed in the
tr~ l!nr: -. T. compare mali t'iug~ with
great. the subject O. - >5t tlav be coil'ire-
i,cn>jve AL :, great Va lety Of matters may
BE- naturally and property ranged under l..
aud cou7-.rI-ed within t. bat ,iee s;a,u-,. Is
none tie les, valid ii ,Ea>e ma serS are prop
esIv connected ". -h Tie subject; and even II
some matters are fo4ui IL tie &C wiiich are
not germajn 20 ;he general subject. Suc;l in
congruous matters only are nu!i-.'sucn &C.
tai be void only 10 50 rnUe's aS shall not be-
leLi.iuatelv comprised under the SUBJECT: Il
makes no difference. therefore. now many
,hinrs are found in The act for the suppression
oj in:emperance. The nGlv question is do
those things properly belong 10 ;hat subject?
Now, we declare thai. If in the act under
review there is;nv one matter not plainlv re-
forabie 10 the sabiey5 Of the suppression of
IL emperance, and properly connec ed with
it. we are too dull 10 discover it. L is noto-
rious from the history Of tie inception and
passage Of tie act, that tie Legislature had
nothing else in view. l. is equally notorious
that the supporters and :isenG, st tie law have
no,hing else in view. Al tits is known to
ali men. And vet we are seriously told bv
.Ee appellants counsel that some sections Of
the act have other things il view. Even If in
this they were right. i. Is an lie objection, so
far as the present case i concerned. For it
is certain that the sections which forbid the
manufacture and sale of intoxicating liquors.
under which tie appellant was prosecuted,
are properly connected with the subjec, stated
in the ti,ie These sections mast, therefore.
stand ana that is enough for the present case,
for they are all which are properly in the re-
cord.
But we viii follow our opponents ont Of the
record in their s'airy round in search for OBJ
iec;ions to this law.
Eirst They say that the sections of the act
which provide agencies for the sale OF liquors.
are not properly connected with the subject,
because they are intended to raise county rev.
enue by speculation in he liquor traffic. -