The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1891-12-17
ALIEN LAND LAW VOID.
cu1EF JUSTICE sTAYToT PASSES ON
ITS LEGALITY.
In an Able Opinion He Maintains that it is
Illegal, the Subject Matter of the
Bill Not Being Expressed
in its Caption.
@, oial TO The Statesman.

TYLER, Tex, Dec. 1.-THE suprem
court today, through Chief Justic
stayton, in an able opinion decapi
tated and mutilated the alien lane
law beyond even the recognition o
its author and father, Statesman Cos
sett of Kaufman county. AS will be
noted below, the court holds the law
imperative and void on the grounc
that the subject matter of the laws il
not expressed in the title of the act
Other questions are not discussed
The following is the opinion of Chic
Justice Stayton:
Jot Gunter VS.. Texas Land anC
Mortgage company, limited; appea
from Ellis county.
This is an agreed case, and so much
as is necessary to be stated is as fol
lows:
Appellee brought this suit in the
district court of Ellis county, and its
petition alleged that appellee was 8
foreign corporation, incorporated
under the laws of Great Britain and
Ireland, with its principal office in
the city of London, England, but do
ing business in the state of Texas and
having an office in Dallas county, in
said state; that the business author
lied by plaintiffs articles of incorpor-
alton and the business done by plant
if is the loaning of money and taking
security for its payment in mortgages
and trust deeds upon real
estate; that on Aug. 10, 1889,
plaintiff filed its said articles of in
corporation with the secretary of the
State of Texas and paid the secretary
of state. as consideration for the right
to carry on its said business in the
State of Texas for the period of ten
years from date above named, the sum
of 5000, and that the contract so made
with the State is evidenced by legal
and valid certificate, etc.; that on
July 80, 1891, plaintiff loaned defend
ant $3.50, in consideration of which
defendant then and there made his
note on that date for said amount,
payable to the order of plaintiff fif-
teen days after the date thereof, with
10 per cent per annum from date, 10
per cent attorneys fees in addition in
case of suit upon said note, and deliv-
cred said note to plaintiff on
the same date, for value executed
and delivered to plaintiff a trust deed
conveying so Henry c. Cooke, a citi-
of Texas, las trustee, certain real estate
to secure the prompt payment ofsaid
lnt hnnn m ~ II
defendant wholly failed and refused
to pay same and it is still at this date
''lue and wholly unpaid.
Plaintiff asks for Judgment against
defendant for its debt, interest and at
torneys fees and costs and for a fore
closure of the lien of said trust deed
on the premises as described.
Defendant excepted to so much OF
the petition as sets out a permit from
the state to do business and to that
part of the petition which sought
a foreclosure of the trust deed,
because said deed, having been
made to secure the payment OF money
to foreign corporation on Land III
Texas, under the act of the legisla-
ture of Texas, approved April 10,
L..
The court overruled the exception
and rendered Judgment for plalnti!fi'
If the act of April 10, 1881, be mVailu,
it is unnecessary to consider whether
the permit to appellee to do business
in this state was revocable. as 1t IS
to determine whether, within the
meaning of that act, q mortgage deed
CONVEYS title or interest III land'
1t is claimed on one side and denied
by the other that the act is VOID.
The constitution provides that no
bill except appropriation bills Wnlcn
NAV embrace the nature, supJects
and accounts for and OF account OF
which moneys are appropriated, shaIl
contain more than one subject, when
shall be expressed in its title. Con
stitution, article 8, section 30. Inc
only exception to the rule mus . ue,
clared, is found in article :, seGllou
43, of the constitution when declares
that the first session of the Legislature
under the constitution, shall PROVIDE
for revising, digesting ana puo'l nnG
ing the laws, clv!l " di
criminal, and a like reVlslonj ql
TeSt and publication my
made every two years thereafter, pro
vided that in the adoption OF and CIV
ing effect to any such digest or re- |,
vision. the legislature shall not p
limited by Sections 3, 5 and So o. TN
article. In pursuance of this article
the Sixteenth legislature, at lts regu
lar session, passed an act, entitled al
civil statutes of the state OF Texas
and the first section OF thaV ACT Is d.
Section /. Be it enacted by the leg &c,
islature of the state of Texas tn St;o tIn'
following title. chapters ana a[Vlci aa
shall hereinafter constitute inc l0
vised statutes of the state OF leNa t;t,o
This revision contains many tiLle ,
most of which contains more .i tna,
one chapter and many ar It,,r
At the same session OF the leglS si''oua
a like revision was made of the "peha3
code, and "code of criminal PrGce ,o
ure.n The original penal CODE w W"
enacted on August %, 1906, unuer
title as follows:
can act to adopt and estaollsn .,
nenal code for the State OF IeSas az