Birmingham state herald., 1897-06-10

posel upon him the sentence to hard la l bor. Acts 1894-5, D. 527.
 Article 4, section ? of the constitution provides that, Each law shall contain but one subject, which shall be clearly expressed in it's title, (with certain spe- cified exceptions. none of which include the act under consideration and no law shall be revived, amended, or the pro- visions thereof extended or conferred, by reference to it's title only: but so much threof as is revived amended, extended | or conferred, shall be re-enacted and pub lished at length" The title of the act in which said section Il is contained, is as follows: An act to establish an in ferior court of criminal Jurisdiction in the city of Birmingham, to define it's powers and provide for the election Of judge and appointment of a clerk there for" Section il of said act is as follows: Section II. Be it further enacted, That the mayor and aldermen of Birmingham shall establish system of hard labor, or may contract to have all persons sen tenced to hard labor for said city, worked and confined anywhere in Jefferson coun- ty. under the same rules. regulations and conditions as are prescribed by law for confining and working county convicts, etc"ra The purpose of the act as man. ifest ted by it's title was to establish and define the powers of ar inferior court of criminal jurisdiction, and provide for the election of judge and appointment of clerk therefor.
 "A mere cursory reading of sec-ion Il of of the act in connectior with ction 2i article f. of the constitution, would lead to the conclusion that i. was in v.ola- ton of the constitution, and null and void but when we'll established aprinei- pies of construction are applied tp t we ara of the opirtcn its corBtitutienaHty can be maintained In the first p'1ee no law should be declared unconStftu dIon- al unles it is clearly so. Again, in con- struing the constitutional provision un- dsr consideration, his court has said that it's requirements arr not to be eXactlng- ly enforced. or in such manner as to cIip- pie legislation, and adopted the follow- ing language: "The exigencies of fgls- 1aion require that this provision should not be so strictly literally D construed as 10 cripple legislation, by prohibiting the inssrtior, into laws of those matt ls which, though they may not be specific ally expressed i~ the title are proper to the full accomplishment of .he obj ct so exprfxsed such is presumed to have been the Intention of is authors. Courts. therefors, give it a liberal construction. The insertion in a law of ma ters which may not be verbally indicated by the title, if suggested by it, or connected with it, or proper to ths more full accomplish ment of the object so indicated, is held to be in accordance with the its spirit {; but a more liberal conri ruction cannot be
  the provision was intended to exclude. We may add that if the, questioned clause, CT clauses, be nc. so correlated to the subject expressed in the title as to appear to follow as a natural and le- gitimate complement, th:n They cannot stard under the clause of the ,conStitu- ticirl under discussion" Balentyne vs Wickersham. 75 Ala. 533. 539.
 It is generally held thsit when thls sub ject is expressed in general terms, what ever is referabI- and cognate to the gem eral subject or whatever is necessary to a complete enactment. in regard to it, or whatever results as a complement to the general expression or necessary to the end in view, is included in and author ized by the constitutional provision. Wcolf vs Taylor. 98 Ala, 254; Barnhlll vs Tesguae. 96 Ala, POT.
 The titl, of the act is "An act to estab- fish an inferior court of criminal jurisdic- ton and to define Is powers" The first section of the ect confers on the court exclusive jurisdiction of all offenses against the bylaws and ordinances pass ed ard ordained by the mayor and alder men of Birmingham within the territory embraced in the police jurisdiction of the city, and of all misdemea nors committed