The times. [volume] (Richmond, Va.) 1890-1903, 1896-04-30


abide his trial in the mode prescribed by
law.
a person held undeT proper process 10
answer for an offence created by a
statute enacted within the constitutional
power of the Legislature. cannot be dis
charged upon a writ OF haDcas corpus,
however clear his innocence may De, but
must abide his trial in the mode pre-
scribed by law.
is the statute under consideration re-
pugnant TO the Constitution Of the State?
Article 5. section u, OF the Constitution
declares that no law shall embrace more
than ono object, which shall be expressed
IN its title" This section has been re-
Gently construed by this court which
ruled that It was intended 10 forbid the
use OF deceptive titles as a cover for
vicious legislation; 10 prevei bringing to-
gether I'm one bill subjects diverse and
dlsslIniar Ia their nature, and having no
necessary connection with each other.
and 10 avoid surprise in matters Of which
the title gave no intimatlOn. See Com. v.
Brown. q $. II. Rep. 5o1; Ingles v.
Straus do. 490.
The title Of the act in question is as
follows: An act 10 prevent pOOl-selllng,
and 50 forth. upon the results Of amy
trials of speed OF any animals or beasts
taking place without the limits Of the
Commonwealth"
q pool is defined by the Century die
tionary to be in horse racing. ball games
etc, 'the combination Of Il number Of
persons. each stalking a sum Of money on
the success OF a horse in a race. the
contestant IN a game. etc, the money TO
be divided among the successful betters,
according TO the amount put in by each. 4"
IL is therefore one Of the forms Of max
ing bets or wagers upon horse races,
while the statute makes unlawful a bet
or wager by any ways. means, or devices.
or the receiving, or recording. or register
Inc. or forwarding. or purportina or pre-
tending 20 forward any money. thing. or
consideration of value so be bet or wager
ed upon the result of any trial Of speed
or power Of endurance or skill Of ami
mails or beasts. which IS 10 take place
beyond the limits Of the Commonwealth. i"
WiQont quoting further from the act
wtJch is set ont in full in the warrant. II
sufficiently appears that It Is far broader
ana more comprehensive than its title.
IL may be said 10 embrace the genus.
while the title only sets out a particular
species. The act makes unlawful almost
every conceivable form OF making bets or
wagers upon the results Of trials Of speed
Of horses. while the title only mentions
the particular form Of wager or bet
known as pool" or "pool-selling. "
Cooley In his WORK on Const Lin,
speaking q the effect Of such a consntu-
tonal provision as that under conHdora-
tion. where the act is broader than the
title, says: "In such a case fl may hap
pen that one part OF il can stand. because
indicated by the title. while rs SO the OBJ
Jects not indicated by the title, it must
fail"
VVo 10 NOT co.peta,,. H. -. 49,, - t
10 that part of the clause Of the cOnstitu-
tion just quoted. which SAYS that no law
shall embrace more than one object" A"
The object Of this law is the suppression
Of EamOhng, or that form OF gambling
where the bet or wager is made uDon tie
speed or endurance or skill Of animals. or
beasts, for as was said in Inele4 "
Straus supra: 'if the subjects embraced
by the statute. but not specified I'm the
utle, have congruity. or natural cornoc-
ton with the subject stated in the title.
OF are cosnate or gormane thereto. the
requirement Of the constitution is sotis-
hed.' We're the title sufficiently broad 10
cover me objects declared in the biU
there would be. I'm our Judgment ma ro-
pusnancy 10 tho constitutional provision
IN question. because an the provisions or
mo act may fairly be regarded nc i'm
fhrtherance Of a single object. "fba ann.
preston OF gambling" The Constitution
moreover. as TO be construed So nc IA
uphold the law If practicable. An thot
IS required by the constitutional ,ro,.i-
sion. Is that the subjects embraced in tlo
statute. but not specified I'm the tffio shou
Dc consruous and have natural Connection
win. or be eermane O.. the subiect e,--
pressed IN the title. Com. v. Brown. -
:. r.. Rep, at page 800.
There Rp efr.I.
Jects ana purposes in the statute ss N
render 10 obnoxious 10 The clarss -,
consideration. Tne act, noyvever - -,
broader than the utle and can. mere
Iofe' only be operative as 10 tnat uarf
OF IL Whlch Is indicated by ITS tfle fn
other words. tho only offence wbirn can
DE punished by virtue OF TINS sfarl,t. n.
the particular form of making a bef or
wager known as 'pOol-selung."
IL l5 claimed. upon behalf Of Inc Corn-
m5nwealih, that the ccfect AS cur.d nv
the Use OF the words. "aud so forth q" b,it
lh inns view We cannot concur. Ine pro-
vision OF The Constitution Is uanQatorv.
10 think II Is a wise and salutarv ,ro-
vision, but whether IL be or not. II is f1e
law Of me land. ana must be oneyea. 10
hoid that me Legislature could. nv tDe
use OF such phrase as "and 50 rortD.
supply an omission an1 cure an other,,i.e
detective ule, would be 10 frItttr AWAY
che constitutional provision, and render IL
liluslye and nugatory. see Cooley ON
Const. Lin, 9Th I'd, p ia. These words
express nothing and amount to nothing AS
q compliance with the constitutional re-
Quiremept Nothing which the act would
not embrace without them can be brought
ia with their aid. FlshkH flsnKn
- Bar, 63i, Johnson rs. Spicer, l,t ~. y.
lN5.
We are OF opinion, therefore. thar while
the body OF the act Is broader taan us
ttle. and the title is not aldcd bv the
of the phrase just discussed
the statTte is not wholly imperative for
repugnancy to the Constitution or the
State. but IS a valid law so 1ar as u
makes pool-seliing an onence ana pre-
scribes the punishment for n.
/ Will now proceed 10 consider the al
legged rcpugnancy OF the act IN question 10
article t., clause 3. section $. OF tne con
stituuon OF the United States.
which declares that Congress shall
have power TO regulate commerce
with foreign nations. ana among the sew
oral States, and vita the lnosan tribes
In discussing this branch or me case. /
shall treat the subject as though the
prisoner were charged specifically with the
offence OF selling IN Virginia pool upon
a trial Of speed OF horses 90 take place ~
81. Louis. as be can. under the statute. be
found guilty OF none other.
IL IS conceded that the power thus con
fcrrea Is. when exercised by Congress, ex-
elusive in it's operation. II Is conceded
hat the abstention on the part OF Congress
from passing laws in the exercise or -
mower 10 regulate commerce IS equivalent
10 an expression OF It's viii that IN those
resoocts In which IT can ne reached and