The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1895-09-22
IT'S KNOCKED OUT
Judge Showers Decides Against the
Anh-Gambling Law.
THE DEMURRER SUSTAINED
No Subject Was Specified In the
Title OF the Bill. Which Was a
Clear Violation of the
Constitution.
Special pispatch to the standard.

Specinl Dtsphtcn 10 tne Stanuatu.
Deer Lodge. Sept. 2l.-Judge Showers
submitted his decision this evening on
the demurrers In the cases OF the state
against Peter Weiss ct al, charged
with gambling The court sustained
the demurrers In each case on the
ground that the law upon which the
indictments returned were based Is un-
constitutional. The court In giving
the opinion stated that he had not had
the time to look ~ all the authorities
bearing on the case but considered the
following to b. sufficient to sustain
his position:
A bill for an act to establish n penal
code for the state OF Montana was ap-
proved on Feb. ~. 1895. Sections mum
bered 357 to 369a. inclusive OF chapter 3,
OF title .. related to gambling. Section
369a OF chapter was Immediately fol-
lowed by chapter 10. which applied to
pawnbrokers. Senate bill No. iS. enti-
tied AN act to amend chapter OF the
penal code of the state OF Montana
was approved Feb. Is. 1895. Section l
Of said act reads: THAT chapter OF
the PENAL code Of the state OF Montana
be amended as follows: Strike out
sections 357 to 369a, Inclusive. and In
sert In lieu thereof the following.
Then follows sections $50 to 36I. inclu-
sive. which contain the same matter as
Is contained In sections GOO TO 60I. OF
chapter ., title .. OF the penal code, as
II now apcpars in the bound volumes
and relate to gambling.
Section 20. article 8. Of the constitu-
tIon OF the state provides that mo bill
except general appropriation bills. and
bills for the codlflcation and general
revision OF the laws. shall be passed
containing more than one subject
which shall be clearly expressed In Its
title: but II any subject shall be en-
braced In any act which shall not be
expressed In the title such act shall be
void only as to so much thereof as
shall not be expressed. Section %, ar
ticle Q: '-rhe provisions of this consti-
tuition are mandatory and prohIbttory
unless by express words they are de-
clared to be otherwise"
No subject Is expressed In the title
OF senate bill No. 4s unless II be the
comprehensive subject. penal code"
IN Dosse vs. oea.e- 'Neo' So No1 " !,
western Hepor'er. page go. u was h'
that IN amehuihs An act =. may oe
designated py hs ti'le OF chap'er ~
the compled statutes 90 IN tne
state vs. berha 'NeoJ. 'o Nor,nmes
orn' page zoi' IN M,,rstoh VS.. hui'ies
twashihs'oh,' 20 facinc Hepo1'er' pass
b.o' was heiu .nat an ACT en'i,,eu
An act reIatihs 10 p'eauihss IN .'.n'
actions ana amending sectiohs 10
ana io' OF tne code Oh washington ot
1881 is not IN eohhiot Win eonst,tu,
tioils which provinces 'nat no piii s"ai, /,
embrace more 'hah one suoJev.' anu
that snail De expressed IN the tue.
cases are CITED 70 the sane elleot VI
note 10 the case or the Slty OF Wihona
vs. schooi Dis'rict NO. o. IL AM S''
Hep. page e'o' sawyer hep. ahhottt,
ed. page 3s2. notes. ana VI mas been helu
py inc supreme court Oh our own state
In Hotcnkiss vs. Marion ~ MONT
page 2ls, that an act entitled An act
TO amend sections i'o, 40 anu 40 ana
sos, hfth DIVISION OF the compNeu STAT
utes or Montana. relates 10 one gen
eral subject and Is not OBNOXIOUS 70
laK ri q