The Coeur d'Alene press. (Coeur d'Alene, Idaho) 1892-1907, 1904-01-02
DEPOSITORY LAW IS VOID


the main purpose of the bill. The
creation of the board, the designation
of repositories, the taking of security,
aud examination of the financial con
ditions of the repositories, the max
ing of statements by such repositories
and other similar provisions Of the
act were simply means of carrying
into effect the real purpose and object
Of the act The public funds under
the provision of this act are to be
deposited without and beyond the
personal reach and control of the
state treasurer. The legislature
recognizing and appreciating that
fact took the precaution TO provide
in section IL that any funds lost
while in such repositories and beyond
immediate possession of the treasurer,
without his fault, should incur no
liability on the treasurer. In closing
that section they undertook to do
something which we think is beyond
legislative control or discretion,
when they state that moneys out of
the state treasury and deposited in
such repositories shall be deemed to
be in the state treasury.
We do not think the legislature
can reverse the meaning of the
English language and say that 'ont"
means i'm The title says that
the act is Ito provide for the care
and keeping OF moneys in the
custody of the treasurer, but the
act inself provides for the care and
keeping of the money out of the
custody Of the state treasurer. 1t is
true, the legislature, appreciating
the difference between the title and
the act, said that the money out of
his hands should be deemed to be
in his hands.
We think the language of Mr..
Justice Campbell in Northwestern
Manufacturing company VS.. Cham
bers, % n W, 373, in speaking for
the supreme court of Michigan, in
point upon this phase Of the ques-
tlOu. W1eEb ne sdlu Luc pOSG
of the statute, so far as it is lawful,
must be determined by its title and
explain in the body of the act that
it means something else. The con
tituional rule requiring the title to
contain the object of the act would
be farce if there were any power in
the legislature to give new meaning,
to language.
1t is ably and earnestly argued by
counsel for plaintiff that the publiy
funds, although they may be deposited
in such repositories under the pro
visions of this act, are still, in con
temptation of law as embodied IL
this bill, within the custody ano
Keeping of the state treasurer. A
We gather from all the latest and bes
photographers, custody means keep
ing; guarding; care; watch; inspec
ton, preservation or security Of
thing and carries with it the idea O
the thing being within the immediat
personal care and control of tn
poE5Ou W NuUsc CustOiJ IL 10 SUI
jscted.
The question here would NATURAL
arise. could the Legislature or th
citizen reasonably gather the purpOs
and object Of this act as found in til
bill from its title? Would the It'll
put a person reading the same o
notice of the contents of the act? W
think it would not. II would B
quite sweep of imagination
gather from the language: IAN az
to provide for the care and keepiu
of moneys in the custody Of th
treasurer of the state Of Idaho an
prescribing penalties, the vision {
a law authorizing banking institr
tions both within and without tn
state to become Repositories G.
the public funds, paying interes
thereon. and using such moneys il
trade and commerce and the subject
ing them TO the order and direction
the treasurer Is not a member, an
the entire removal Of the funds with
ont his custody and control. W
think that the citizen, even thong
he might be skilled in the maxim
and Interpretation Of laws, would b
justified in concluding from this it'll
that the act over which II was hover
ing vas some kind Of provisio
providing aids and safeguards for tn
assistance Of the treasurer in keepiu
and caring for the public funds.
would be reasonable to look for la
under that title along the lines G
and in harmony with the provision
Of section 10 Of the act, and, indeed
We think that section comes clearl
within the provisions Of the title
but the act, stripped of all the otbe
sections, would leave this section {
no force or vitality.
As before suggested, there Is II
conflict hafwaau the autborfffs