Telegram-herald., 1891-11-08
COASPIRATORS co FREE
Judge Burlingsms Holds the Law
Unconstitutional
AID IHE IsFORNlIIOy IS QClSHED
1he Asa whose Trials Havs Bsss ssnd-
LAG for Many Weary Moaths Es-
eSps the Taisas OF a
iasasetlvs Law.


sweet street wheel pit last May was
called When the trial was adjourned
aast Tuesday ir was 70 give Judge
BufstEgame an opportunity 10 consider
q point raised by Lawyer BGnday on
u motion made 20 dismiss Various
points were raised by different attor-
Eeys IN the ease, b1t none were given
consideration except that raised by
Mr. B1ndy, who held that IL was un-
constitutional 70 adopt law with
an explicit title ITO govern the for,
nation OF street railways and then
embody in tie middle OF IL law pun
ishing misdemeanors- The case was
dismissed by Judge Burlingame who
dn delivering his opinion spoke as fol-
GOIloWs:
The Information In this case. in three
counts AYERS conspiracy based upon
section 2s Of act No. 35, OF the session
laws OF 1877, page 46, being an act
entitled ''An act TO provide for the
formation OF street railway CON-
panIes-"
Several objections have been pre-
scented TO this court 10 sustain this
motion 10 quash this information: but
since 10 my mind one proposition is
conclusive, / shall not discuss any
other
Section 20 OF article OF the consti
tuition of this state declares that, NO
law shall embrace more than one OBJ
1ect, which shall be embraced in its
title.' Yet under tire title OF An act
10 provide for the formation OF street
railway companies" we find section
2s which reads as follows: If any
person shall wiliully obstruct, break,
fnlnre or destroy any railroad con-
strEcted or operated under the pro-
visions OF this act. or any part thereof.
or anx work, cars, buildings or fixtures
attached 70 or Il use upon same. be-
longing TO or in the possession OF any
street railway company. q . D'rson
or person SO offending shall be deemed
guilty OF misdemeauor, and shall be
puaished by fine not exceeding five
hundred dollars. or by Imprisonment
in the county jail not more than one
year
In examining the act No 35 I find
that all the sections have some such
relation TO the title that a person
reading them might not Re surprised
az ..Je eoatext; but whec we reach
se5el0n -. we iind a misiemeanor
created and a punishment provided,
and by section % we find that all cor
pOrations heretofore organized, for
building and operating street railways
under The statutes then in force shall
have the same protection, etc. as Is
given by said section rs to those or
ganized under the provisions OF this
act
1t will be observed that the title
~ the act provides for the formation
of street railways; the misdemeanor
provided for in section 2S Is operative
against any person who shall will
fully obstruet, etc. railroad after
IL has been constructed or operated
under the provisions of this act
II section 2S had made IL a misf-.
meanor for any person to have will
fully ohstructed the formation OF
street railway company under this
act. then perhaps the title " would have
been sufficient, or IL this section had
made IL misdemesnor for any person
70 wilIfully hinder or impede any
street railway company organized nm
DIR this act from constructing its road
co--t might perhaps hesitate before
determining such an enactment unco-
stitutional under the above title But
when under so restricted title as
''an act 10 provide for the formation
of street railway company. the
legislature enacts that after the com
pany has been formed and the road Ia
completed and i bsiug operated, IL
any person at any time thereafter Will
fully obstruct 1t he shall be guilty
OF a mlsdpmeanor, and be punished
by n fine not exceeding $500, or by
imprisonment not more than one
year. They hsr7 co airly ven
very comprehensive enacting power
TO very contracted title
Every person Is presumed to know
the law. but 10 would seem that III
aav person was seeking for criminal
statue 70 punish wiIlful injury TO the
personal property OF n street railway
company. they ought not &c be cen
sured FOR ignorance of the law II their
only aid was title OF ian act W
authorize the formation OF street rail-
wav companies How easy e wonld
have been for the legislature TO have
added 70 the above title these words:
and 20 punish persons who shall
wilfuIIv obsfruct. etc. such street rail-
wavs after they have been constructed
and are being operated That being
s..n~ there would have been no snr-
prise at finding section 2s incorporated
ar The act.
n - rot question ~ this court
20 feserr,, ne upou this motion
~he+hrr one OF one hundred re-Ncn
srpts have been guilty ~ a criminal
,,s~--e ror who are the aggrfeved
psrfies. n 4. rot for this eoHrt now
~ secssp whether thes~ respondents
ars guilty or Innocent: hut the ques
tic- =. Does this informatioc propsriy
>hsrue them with haviag committed
An unlawful aetr
n sfrspt railway property has herr
s~stroved or injured -a'iclouslv
-~ne*ss- nv th~evsnr stone. tippine
- ~srs. % 81 wirsr oft cabses. ther
ter-e - law. erarted under ti1
ss,rs..n, 20 hf-tifv fhe ercrtmenf
~.rt-ss- sA-h sse-t-ls~fFsrn ~ TroneTfy
se,ouv. ruuSahed nv imprisonment ir
a.. x@ste prison FOR period no
-, ths-, five vars. OF hv y flne NO
.....sss-r $1,000. ard iv'uris0rr7en
:. .,.s ecvutv fan not more than en-
x~e- ueweIi's Statues. eiof
1-te~~ ts sfzo law rrs1n or stsfr
49, w.sch Win rustsh WITH rYef
...-.~st~ rrrerr- who attack r~~~t -
..-,,.,,,-r. ..ss re~~en~rrs ~ street. go
-, ....,,,, ers s,fh~r sratftv ~earcn
- -. -~~.e~s>f fhs sane ss 0fhs
....,...s. -. .s~s,srrtsd Ard tNnee r~~'
~...,-s. ,~~ >. s,~cr srs nndrr sfffr
.,s,,..s-utf- sx~refs ., thsf 80 az
-, =. - sNrlr otf7nslits ~
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