The Empire County argus., 1856-06-28
Judge Johnsons Charge to the Grand Jury
GeDf1e1nen of the Grand ,JuyV.

I'M TeGaTd SubleCt yOu Wiling
to meet all the responsibility arising from positions which
do assume but anxious to dg0jd responsibility, ars-
ing from positions which do not assume it is therefore,
my preference what do to you upon that sub
ect, in writing and in open court.
The morality of community is the main bulwark of its
we'll being and prosperity That morality is aggregate
of the morality of all the individuals of which that COM
muny composed. He that increases his morality
or that of Others is benefactor to community by aug
menting the quantity of the aggregate morality OF the
community at large He that lowers the tone of his own
morality or that of others, Injuries community, by sub
tracing from the aggregate amount of that morality upon
the preservation of which the well being of community so
much depends In proportion as the public morality is
enhanced community benefited In proportion it is
deteroraed it is injured Indeed fraud or immortality of
any kind is to the body polite what poison is TO the hui
man system Its touch is pollution its ultimatum is
destruction Perhaps OF the worst forms OF fraud and
immortality is that which contamnates the purity of the
elective franchise Fraud or mmoTlity of that kind should
find its couneractive in light but in heavy vista
ton of punishment Upon this point doubt can be ante
tanned only by those whose moral natures have become so
corrupted polluted and debased to render them inca
pable of correctly reasoning upon moral subjects
But what the law oaght to be is thing, while what it
actually is, is sometimes quite another
The last Legislature OF this State passed an Act ap-
proved April 18th, 1885, and entitled
"An Act to submit the question of the removal OF the
County Seat of Ell Dorado County to the qualified voters
thereof"
Under that law what purports to have been election
has been held For act or omission connected with
the alleged election, can legal punishment be inflicted?
This question involves two Others Those questions are:
1st If for the sake of argument, waive all constu
tiona objections that Act, is the Act itself sufficiently
perfect to authorize the ncton of legal punishment?
I'd. Is that Act constitutional?
will consider these questions in the order just pre-
sented
Act itself sufficiently perfect to authorize the infcon of
legal punishment?
To provide that election shall be held but to observe
an entire silence as to the dnne in which to be held
is effect to provide nothing at ALL The Act referred to
provides that election shall be held thirty days after its
passage 1t also provides that six days previous notice
shall he oiV q of Rut
in defining the time when the election is be held and
the amount of public notice which shall be given previous
to holding it, no provision is made in regard to the
ner of holdQ or coaducinq the election itself Is that
deficiency remedied by anything elsewhere apparent upon
the face of the Act itself? apprehend not for if we
eXpunge from the Act ITSELF that provision in which there
attempted reference to another supposed Act there
provision at all made to the in which said
election is TO be held. Everything connected with the
holding conducting of election, pertain to the
manner Of holding conducting it, Where there is
law regulating the manner in which election is to be
conducted, no legal punishment be inflicted for the
manner of conducting it.; for, "where there is law,
there is tTanSg nSgreSSlon.
But it WILL perhaps, be contended that the Act referred
to- bya reference to some other Act adopts its provisions
and thus remedies the defect Let see The first sec
ton OF that Act contains the words following:
"The Inspectors and Judges shall coadact said election,
count and make return of the votes cast in strict accord
ance with the provisions of an Act entitled AN Act to
progide for elections"
There Act by that title in existence in the State of
California; and never has been. The words above referred
20 require the Inspectors and Judges conduct said
election and count and make return of the vote cast in
strict accordance with the provisions Of Act which
does not eSt, and did exist. 1t is plain, therefore,
that If are governed by the strict letter of the law,
provision whatever is made TO the manner of conduct
ing said election, and legal punishment be inflicted
for the mode of conducting it.
But it will perhaps be said that while the Legislature
said thing they meant aAothe and that must be
governed much by what they said as by what they
aeant There is Act entitled "An Act to rgulte cleo
tons. 1t WILL perhaps be said that the Act last referred
to- is the which meant and that must act the
same, though it had been recited in express terms
In order determine this point, will be necessary
consider the office performed by the title of Act.
Names are given 10 persons, in order that may be
enabled to distinguish person from another. Titles,
or In other Words AaS given to Acts of the Legis
ature in order that may be enabled distinguish one
Act from another If we wish to distinguish one person
from another, we do so by reference to the particular
by which he is called. If wish to distinguish
one Act OF Legislature from another do by ref
to the particular title which it bears
Universal usage is entitled to great weight. In reen
ing to legislative Acts the usage is universal very
nearly universal to refer to them by the very words Of
their titles 1t may well be doubted whether any other
mode Of reference would be admissible But, however
that may be- regard one thing well settled In order
to valid reference in Act to another by title that
title must be either GterdlLy substantially recited.
That the Act entitled Gan Act toFguate elections" is
literally rected, certain. Neither it substantially
are substan tally different in their meaning "An Act to
Proctde for elections" is which merely that
elections shall be held. "An Act to regulate elections" is
which determines the in which they shall be
conducted.
This view Of the subject derives additional confirmation
by reference to the Constitution of the State. BY ref
erence to that instrument will be that the title is
not unimportant part of an Act That instrument pro
vdes, that every law enacted by the Legislature shall
embrace but oect and that shall be expressed in the
title" Here, then, have defined by the Constitution of
the State, the office which the title of Act performs
That office is not trivial but important 1t is to
specify the object OF the Act itself 1t would be object
legislation, "to provide" that elections shall be held
1t would be another and quite different object in legisa
ton, o regulate the in which those elections
to be held In conforming to the Constitution, express
those objects would require different titles An Act ent
tied can Act to pr0Ud TOR elections would apy express
the object An Act entitled can Act to regulate elec
tions" would properly express the other object 1t
will hence be easily perceived that the titles can Act to
pro0jd for elections and Gan Act reguJae elections
are not Identical but are substantially different.
In this connection it may not be improper to remark
that Penal Statutes to be construed strictly Governed
by this rule of interpretation courts have been known
give one construction to statute applicable to civil
purposes and another and different construction the
same provisions of the statute applicable Grim
nal purposes The law is cautious in investing
guilt. When, therefore, the Legislature speak of An Act
to provide for elections may not for the purpose of
making out case of constructive guilt say that they do
not mean what they say that they Gan Act to reg
uate elections and that will be governed, not by
what they say but by what suppose they mean.
But perhaps the most important question remains to be
considered.
I'd Is that Act constitutional?
| take it for granted that any given power powers
cannot at the tme be both delegated and retained
A power which is delegated, is retained power
which is retained is delegated In creating the gov
ernment Of the State of California there certain pow
ers which the people have delegated to that government
1t is impossible in the nature Of things that the powers
thus delegated can at the tme have been retained
by themselves 1t is true that in creating that govern
mon rio nd thoI