The true northerner. [volume] (Paw Paw, Mich.) 1855-1920, 1888-05-30
HELD UNCONSTITUTIONAL.
Tsxt Of tho Supreme Court Decision
rronuncing the Local-0ption
Law Invalid.
Its Object Not Being Expressed in the
Title, It Is, Therefore, in Conflict
With the Constitution.

4tAston charging him Will being engaBeu IN
keeping a saloon In tho CITY Of Jackson where
malt brewed, fermented and vinous liquors
were cold and kept for sale at retail. and while
spen. and ala not keen said saloon aud bar
closed until q o'clock OF tho following morning
on the goth day of February, 1888, said 10Th day
OF February 1888, being an election day. said
election being held In the city aud county OF
jackson on said day, under and by virtue OF
xeneral law OF the State, being Act No: lSI OF
f1o laws OF 1887 OF said state, approved june 10.
Iss7. the said Charles Hauck not being engaged
IN selling drugs, etc. The Court sentenced him
90 ray fne OF $50 and costs, assessed at s25,
and in default of the payment OF such hne and
cosls that he be imprisoned in the County Jail
OF said county until said fine and costs are
psic, not exceeding. however, the period OF six
" days from the date Of sentence. which was
tho 14th day of April. 1885,
Default was made In the payment Of the fine
end costs and Hauck was committed TO the
County Jail, from whence he has pettioned
shis court for awritof habeas corpus to inquire
tnto the cause OF bis detention In his petition
no alleges thirteen reasons why his imprison-
msnt Is illegal, as follows:
Il IL is in violation OF that part OF Art 4, Sec.
90. of the Constitution OF this State, which re-
quires the object Of law TO be expressed in
fts title said act being entitled, AN act 10 reg
ulate the manufacture and sale OF malt, brew
ed. fermented, spirtuous and vinous liquors in
the several counties OF this State" while che
object of said act is to prohibit such mannfac-
ture and sale in counties where majority OF
the electors voting at an election to be called in
accordance with the provisions OF said act shall
vote against such manufacture and sale.
p Because IL violates Sec. J. Of Art 4, OF the
Constitution, in that IL delegates to the people
OF the several counties Legislative power We sted
by said section in the nate aud House OF
Representatives. Said aei docs not take effect
An any county by its own terms and provisions,
nor upon the judgment and determination OF
the Legislature, but takes effect only by virtue
OF vote OF majority OF the electors voting as
Aforesaid.
ing ofnan election compulsory, but leaves IL en-
tirely at the option OF the people OF the several
counties to act upon it or not.
-. Because any township or city, containing
one-fifth or more OF the electors in "A county,
may force upon the other cities and townships
an election against their wishes, thereby sub
verting the right oflotal self-government.
"5. Because the Legislature cannot authorize
the holding OF such election upon the petition
OF one-hfth OF the voters OF the county, II being
the dusy of the Legis allure TO provide for the
holding Of such election, or to refer it TO some
authority recognized by the Constitution
= ID. Because the act does not provide any
means for determining whether the appli, a
lions for an election, presented 10 the County
Clerk. as provided for In section of said act,
are signed by one-fifth OF the voters of the
county, or that such signers are voters.
y. Because there is no provision in said act
for making any record Of the determination of
the County Clerk that one-fifth of the voters OF
the county have made such application for the
holding of such election. or for the preservation
OF said applications, or the making of any
record of the call issued by said County Clerk
for such election, or the preservation Of any
proof thereof or any record or proof OF any act
until the returns of the local election boards.
Is. Because there is no provision in said act
FOR giving notice TO the electors OF the town
ships and wards. by the township clerks or
inspectors of election OF the wards in any city,
otherwise OF the calling of said election, or
time and place OF holding the same.
%. Because no provision is made for the
opening or closing OF the polls, nor the manner
of conducting such election, excepting the man
ner of casting the ballots and making the re-
turns.
eYo pa.o,so tnora a. No ,rox;s;on g.. =.
county canvass OF the votes, or returns. or other
official determination Of the result of the cleo
4ion.
I'll. Because the tabular statement o, the
votes cast in each voting precinct in the county
provided to be made blythe County Clerk, is
made prima facie evidence of the truth OF the
matters therein contained, including the result
ia Because said act attempts to confer upon
the majority of the electors voting at such cleo
tion n power not possessed by the Legislature
itself viz To alter, amend. suspend, and su-
persede, as provided in Section /, other general
'statutes as we'll as those existing at the time
OF such vote as those which may be passed by
the Legislature thereafter. The Legislature
cannot revise, alter or amend law by refer
ence to its title only. Const. Art. L. Sec. IS
Neither can 1t pass irrepealable laws.
-l3. Because said act was repealed by act
No. 3l3, Of the public acts of 1887, being an act
providing for the taxation and regulation OF the
traffic In liquors. The proviso in said last act,
designed TO prevent suchsrepeal is prohibitory
legislation, and entirely foreign 70 the object
indicated by It's title, ana is in conflict with
Sec 20, Art 4, Of the Constitution.
About the same time the petition for habeas
corpus was presented to us another petition
was presented by the people on the relation of
Charlos Il. Keefer for a mandamus against the
Common Council OF the city OF Hillsdale TO
compel them to approve a bond presented to
them for the purpose of complying with the
provisions OF act No sl3 OF the public acts of
1897 which requires every person engaged in
the sale of liquors except druggists to present
TO the Common Council bona for their ap-
xroval on or before the FIRST Monday in May
The Common Council refused to act upon the
bond for the reason that the provisions of the
act aforesaid were suspended in the county Of
Hillsdale by a vote taken under act No. 1877 Of
tho Public Acts of 1887 This act the relntor
alleges to be unconstitutional and void The
cases involving the same questions have been
heard and argued together, and this opinion
viii covor the points taken in both cases.
fAct No. l97 of the Public Acts of 1887 is
here set out at length in the opinionl
Article 4, section ~ OF the Constitution OF
this State provides
which shall be expressed in its title.
Counsel for the petitioner claims that act 1J7
Is void because the object of the law is not ex-
pressed in its title.
In testing acts OF the Legislature by this
clause of the Constitution we should not on the
one hand be so hypercritical as 10 require ev-
cry matter OF detail TO be stated in the title.
nor on the other hand so liberal as to render the
statute nugatDry. But regard should be had TO
the letter and spirit Of the Constitution, the
OWLS il was intended to prevent the, rights IL
was intended to preserve. and 80 Regarding IL 70
test the act which is claimed to 10 repugnant
co this clause candidly and justly and IL IL
shall appear that the constitutional provision
has been disregarded. to perform the duty en-
joined on us by our oath OF Office and declare
the act unconstitutional and void. The duty OF
che court IL well expressed in the brief OF the
counsel for the people, as fol ows
~This court will construe act No. 1917 so ms
60 give IL effect as law, and hold IL consti-
tutional, unless the case Is very clear and the
infraction free from reasonable doubt. II IL is
n matter Of doubt whether this act was passed
in disregard OF the constitutional provisions IL
will be sustained"
Judge Cooley I'm hts work on Constitutional
Limitations first edition). page l4g, says: ~As
the Legislature may make the title OF the act
restrictive as they please IL Ia obvious that
they NAV sometimes so frame IL as To preclude
many matters being included in the act which
might, with entire propriety, have been enl
braced I'm one enactment with the matters in
dicafed by the title, but which must now be
excluded becaue the title has been unueces
ssaEfIy restrictive. The courts cannot enlarge
che scope OF tho title. They are invested will
no dispensing power. The constitution has
made the title the conclusive index TO the leg
laxative intent as TO what shall have operation
u ~ no answer TO say that the title might have
been more comprehensive II, in fact, the Leg
dslature has not seen ht 20 make IL So"
2bis language was quoted and the principles
stated applied in the opinion OF this court, writ
ten by Mr.. Justice Sherwood ia the case o
CalIaahan W.. Chapman, so Mich GA, as wal
also the language OF Mr.. Justice Dooley In Poo
pfo We. Mahaney, 10 Mich, 4sl, who, after re
ferring 20 n practice which has prevailed o
bringing together In one bill subjects diverse IN
their nature and saying that 10 was corruptv,
both 20 the Legislature and State, adds 1T was