The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1875-09-18

paw a. "AAi~AA ~ IA ~ Dt A'Gdk'L w laN
Leaving GU. the word permanent IL the
this section, which was employed in the
section OF the former constitution upon
this subject was maniestly intended t.
avoid all possible ground Tor controversy
a to the right and authority UI the Ley
islature 10 remove the seat Of government
at any time and TO any place.
1t Is further argued and insisted bl
the counsel Tor the plaintiffs that the said
act Is unconstitutional and void. because
the title of the act does not express the
object of the act, according 10 the true
intent and meaning OF the SOth section OF
the 9TH article Ui the constitution of the
State, That part OF the said 3J.L sec
tion which is applicable and rclcyont to
this question is IN these words No net
hereafter passed shall embrace more than
one object, and that shall be expressed ia
the title. But if any object shall be en-
braced in an act which Is 50 expressed,
the act shall be void only rs TO 50 much
thereof rs shall not be- 80 expressed
The supreme Court of Louisiana, sp,rk-
ing Of the former practice, said: Tin
title OF an act often offered no clue o. t.
contents. Important general principle,
were tound,pIaecd IN acts private or local
in their operation; provisions concerning
matters OF practice or juiirml proceed
Ings were sometime, included in the same
statute with matters entirely foreign
to them, the re,ui. of which was that on
many important subjects the statute las
had become almost unint"llisiblc, a. they
whose duty II mas been 50 examine or act
under It, can wei. testify. To prevent
any further accumulation, g. this chaDt.
,c mass, WAS abe object of the con,titu-
tional provision under consideration.
Walker v. Caldwell, 4.h La Au. K 29S,
Cooley @d f.! p. ll2, the Saprcmc
Court OF Michigan says: The history
and purpose OF this constitutional pro.
vision are too well understood to require
any cluciiatiou at our hands The prar-
tice Of bringing together into one bill
subjects diverse IN their nature and hly-
ing no necessary connection, with II view
to combine in their favor the udvocatu.
of all aud thus secure the passage Of
several measures, no one of which could
succeed upon II, own merits was one
both corruptivc Of the Legislature and
dangerous - tue State II wa, scarcely
more So, than another practice. also iu,ru.
dcd to be- remrdird by this provision by
which through drNtcrDus management,
clauses were inserted in bills OF whIrh
the title gave no in,imatIun, and their
passage secured through Legislative bod
les whose members were not generally
aware of their intention and effect There
Wa, no design by thi, clause 10 cmbar-
rass legislation by making law. concern
ing restrictions in their scope and opera.
tion. and thus multiplying their mum
bers. People ". Mahnncy, II; Mich
gan 49,; Cooley H. The Saprrm,
Court of Iowa -gy. the intent of th-
provision of the Constitution was %
prevent the ulIon, in tn" same act, "i
iucougruiou, muttrr-, aud of ubjrr.-
having no connection or relation And
with this was designed to prevent sur
Prise IN Legislation, 10y having matter -
one nature embraced IA a bill above the
title expressed another Sa,u "
County Judge of Dtvi, county. > Iowa.
-; Cooley ll3.D Judge Cooley, C., pace
lI3 of hi, work sty,. "Ih" general
purpose Of these provisions i, accom-
p.i>nci when law na, but on" general
object, which !, fairly indicated by its
title. To require every end and mran-
necessary or convenient ior the acrom.
pIi.hmcnt of this general object tr b.,
provided for by n s"ra-atc act re- tin@ to
that one, would not only b un,rrvpe
bic, but would actually render legislation
impossible. 10 has accordingly nrru
held that the title of 'uu acttD establish Il
police government for the city of Detroit,
was not Objectionable for ia
generality. mad that al. mat
.en pr PerIy connected wuh
.ne establishment and efficiency or such
4 government, including taxation tor O.,
support, and court, Tor the triad urd cA-
of offenders. NIGH, cor-,.m
ioually hc included in the bill under H.,
general title Under any dllicrent rUiug
/ was said, the police government u !,
,Ity could r0. be- organized without 81 a.-
met act lor each specific duty - b.. DE-.
yulyel upon II. ana then could not bs pas.
ei u"t!' 'i"'''y"1'" "' "'"'r s'"'"'', "''
"Nen Tue s"'"' o"'''' rom "'.'F "u'''.'
1rIore PERFORMING 'h''h' Ana lI.'''
eyrrnI statute irHsm'hthrl ~ th"E
nLst necessarily be, """'d often Iai' "i
he intended "hJ''., 'T'm lhr inherent
difficulties IN expressing the l'S'-."t,'"
SiI thu, f','r.'i'1 /" -H'h nn,r""
''na'. 0I''P'' vs.. M"N"''l I'' M''"
~. IN" geh"f"iltE ~" ui'' j. Therefore
'o ''y'.'''" /" '.' ," !""S ~ II is h"' i,'"r'
''oV'r TO I'-'''"''|" '''ohSi ".'' '' ''''.''
ma %hi'n 0y l." '''r ''''h"iH'h' ca" ''
considered a. Hh''h ( Il necessary ,I pro
Der c"nHrri'on. 'o".rH L. = 49, i''.
.h"r says. 'I D" r"p'N' "' " statute 'h
gwen subject, IL j. h"'d' j. pF"P'.'i con-
'rcl"d with The sulJ',. matter "1 ne"
iaiut" OH 'h''"'"" ,'.'J','' "'''' '''i i''". 90
rrprSiinS section I" Iht new ''"''''
& 'a'''' h"l" ','.''I'''''.I ''' ''.'' j.
'nI OF I"'- '"". ''' ''' "'' ".' w.
'oFa'" ia'.F,hI '"'hP"ht' u "'' o'''."
I'i.'r may ""'h'r'|' 'o""'I'' '' '.'''...'''
% ItS sI"''' or "'h'r"''' MIA '' '''' ''.''-
fuot'oh "' 'hr r"aH. 80 nm ''' |" .i''