The Coeur d'Alene press. (Coeur d'Alene, Idaho) 1892-1907, 1904-01-02
fault or neglect OF the treasurer or
his snb0rdinates. ="

Va unset tue demands upon the
treasury, the treasurer shall draw
upon such said depository or deposit
Oriss aud Ia such amount or amounts
a. shall be designated by the board
Of deposits. II IL there further
provided that banking Institutions
Of the state shall have preference in
designating rs state Repositories bat
that In case all the funds are not
applied for by the banks Of this
State, that the same may be deposited
ia any bank either in New York or
Chicago having a capital Of one
million dollars aud that such lnstitn
tion shall not be required 10 give
any bond or security whatever for
the use u such funds.
The provisions u the constitution
are applicable alike 10 the legislature,
eAeeutive aud Judicial departments
u the state government, and by it,
terms IL has Imposed upon the courts
the duty of determining Whru aud in
y bat eas~s its provisions have been
violated and Of enforcing an obssiv-
anen ~ lie mandates.
Section % Of article 3 II the state
constitution provides that Every act
shall embrace hat one sabiec, aud
matters properly connected there
with, shirh sabls shalt he expressed
la the title " This provision IL
identical wilh that fonnd Ia tho con.
situations II most II the siAtss Of tbs
Union. aud an examination Of the
authorities siil Al once disclose the
fact thai tho principles 10 - applied
Ia Determining whether 81 Bot a title
sufficiently contains the subject II
tho Till. as contemplated Ia this con.
ssitntionAl provision, have been
repeatedly discussed aud announced
BY Tbs courts. The courts s.em 10
have anifoFmiy sndcaSoFed 10 fully
apply uniform principle Of inter
pFusation and construction. aud il
may b. aid that there 10 no diversity
u authority Ola that question. The
dlfilcsllIy has AFis~n Ia all tbs couFta,
as Il does hesp, Of applying that
pEincipls TO tho title us-d IN any
partictunF Instance aud tho class and
character 81 legislation the lawmakers
had In sieN. We have no doubt
abont shat the rule h, bot Tia
application 10 chat gives us The
greatest concern. Judge Cody. a
tscosained authority upon this sub.
iccs. Ia biz uoFk on Constitutional
Limitation" och FL. ,, Al page IFS,
says "As the legislature may make
tho title 90 an act ~ restrictive ~
they tslsa~s. Il IL obvious that they
tnay somctlmcs ~ frame IL A. 60 pre-
clad. many naaiters heine Included
in "a. act which might with cntirs
, pFuptteiy have been embraced Ia onc
uasr,moat with the matters indicated
, by she title. bat which has becu
unnsrs-sartiy restrictive. Tho conrti
cannos rnlasee the scope Of The title
they are ve~scd 9th no dispensing
poser. the consultation has made tbs
title the cosclusyie index a. to whs
shall 10 operative; Il l. no answer e
. say that shs title mieh, have bcei
|. more comprehensive. In fact, th'
!. llrwislatnrcs have not ssen u, Ia max
!, II 80.
II arpms 10 have been general,
a recognised by the authorities as ID
:. intsasion Of the Trainers 81 such
N constitutional provision TO require
!. title sufficiently definite aud CON
/. prehensive ss 90 indicate 10 one read
!. Ing II the general scope and purpo'
40 ~ the legislation Intended 10y II
\. act, and that II che title he suiiiciei
"a for that purpose Il ~ill he held |
!, Including all necessary aud incident
~ Legislation necessary TO make u
general purpose Of the act opera'iv
~ As will b. seen. Judge Cody at
!. many II the ablest authorities n
= the uord ''index' aud say the tit
IL the conClusive index TO the iegi
a, iative intention - The trainers
=. che consultation evidently meant u
"a the title to the act should iudica'
=. both to tho new lawmaker aud
~ citizen. the general scope, aud p'
A. posp Of the legislation intended a
~ that such title should put the citi'
"a upon notice II the proposed leeis
I.ss ton.
Under oar form Of governm
- every citizen has right to be he
~, upon any and all questions OF :
an. posed legislation, The right
80 pelition lie recognized and Is OF
- found 90 he one Of The greatest =
~. suar,is aeaitst the passage Of un'
IN legislation a. we'll as a means
n. occurring beneficial laws
III With the foregoing principle
-. view. let ne consider the title to
,,.1 act IN question. II lie clear to
- mlpds that the fundamental pur