Nebraska advertiser., 1878-01-24


the constitution declares that "no
bill shall Contain more than one suo-
iect, aud the same shall oe clearly eA-
uresseu ln the title" Tnls provision
is mandatory; and according to the
whole CURRENT of authorities lG seems
clear that il not only requires the pur-
pose of The act to be COZ ecLly indIoat-
ed by the title, but that IL must con-
lrol The effect and operation OF the law
aud exclude everything which Is not
within the purpose indicated by the
little. 1t is, however, not the Intent
of the constitution that each subject
of legislation shall be divided into
senaraIe acts SO far as the subject Is
capable of division, but that the sub
! isct matter of each part or section OF
The law, must be germane to the prl-
mary object OF the bill, which Is de-
nominated by the constitution as the
subject of the act.
The title to the act is IAN act to
provide for township organization" "
| This title is very restrictive; 1t includes
only township organization, aud 1t
will not be urged that the court eau
enlarge the scope of the title.
Now, Notwithstanding the very re-
strictive terms of the title to the act
In question. yet. II not only contains
certain provisions In regard TO town
ship organization, and defines its cor
porate powers; it determines the
number of county officers, defines
their duties. provides for their elec-
| ton and limits the terms OF their re-
spective offices, and it also materially
amends and changes the general rev
enue laws and all these various SUD-
| jects oflegislation are contained In the
| body of the law, and are so lntermix-
ed and connected. that all those por'
tions of the act not embraced within
or indicated by the title cannot be re-
iected and leave a complete and SEN
sible enactment which is capable o.
being executed" Indeed the second
section of the act makes the whole
law but one system. for it provides
that the county voting in favor oI
township organization "shsll be gov
erned by and subject to the provisions
of this act" In Ii Indiana, 2Ol the
title to an act was IAN act concerning
promissory notes and bills sofexchange
and the court saks: 1--WE have seeI
that the title to the act under consld
Grafton is limited TO prOmissory notes
and bills of exchange. Its Language
is very explicit, aud we know of III
rule of construction by which IL cal
be extended to embrace instrument
of writing other than those which y
expressly Names" So In the case a.
bar, the title is limited merely to town
ship organization. and there is no rul'
of construction by which IL can bt
enlarged so as to embrace the othel
subjects contained in the law and moi
expressed or fairly indicated in the
title.
30. In the case at bar, township anC
!, county organiza ions and a change II
the general revenue laws were sub
mjtted by the Legislature collectively
to the voters of the county. and coHlc
only be passed upon as a whole, anc
therefore they no. ust all fall together
However tue rule will not be quest
ioned that where the part of an &C
which is clearly expressed by the IT,
tie. is not dependent as that which II
unconstitutional and is enmplpte IN
itself and capable of being executed II
will DE maintained but where tht
different portions Of the aot form ire
parable parts of the same system, ant
some portions are unconstitutional
the whole law ia invalidated by th'
unconstitutionality of such parts; j.
Mich, 276: 10 Cal, 5lS; Ohio state
4s7: IS Wis, 90; SO Cal, 2l2. Th'
act under consideration clearly comes
within the latter rule, and therefore L
must be held innnerative and void.