The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1908-11-24

syllabi OF which appear below
uphoids eilups Prohibition Law.
IN the Supretae court of the state Of
Oklahoma
State of Oklahoma. ex rel Fred Is.
Caldwell, counsel TO the Governor,
Relator
Sam Hooker County Judge OF Okla
homa county. Respondent.
Syllabus by the Court,
1. An act the general object of
which was q prohibit the manufac-
ture. sale barter, giving away or
otherwise furnishing of Intoxicating
liquors, except as therein provided
foI medical, Industrial and mechani
cal purposes, entitled AN act TO es
tablish state agency, and local agep
cies for the sale OF intoxicating III
quors for certain purposes; and pro
Niding f0r referring same TO the peO
PIE; prohibiting the manufacture, sale,
barter, giyiIe away or otherwise fur
nishing OF intoxicating liquors. except
as herein provided: providing for the
appointment of an attorney, and ior
the enforcement of the provisions of
this act: making an appropriation and
declaring an emergency" is not In
conflict with section 81, article 81
tBunnJ Id sec. 1901, of the consti-
tuition of oklahoma because the title
contained an abstract of the contents
"a the act. the constitution being sat
ished If the act has but one general
subject, and that is fairly indicated
by the title. II may have many de-
tails, but IL they all relate 10 the same
General subject or object, they are
properly included therein
2. The title may be expressed in |
general words, or it may be brief |
statement of the subject. or it may be |
an index to or an abstract of the con
tents of the act.
3. In constituting a provision of a |
constitution, the primary inquiry is 10 |
ascertain the intention of the Trainers |
crd Of tie people who adopted the |
same, and in such construction and |
determination. technical rules should |
be disregarded, AID. as rule mean |
between strict and liberal con /
Etruction followed
4. Though constitutional provi- !
ron may be self-executing, yet legis-
lution may be desirable for the better |
protection of the right secured, and |
10 provide more specific and conyen-
tent remedy for carrying out such |
] revision
5. SAME. The only Imitation un-
Tess otherwise expressly indicated. i'm. |
posed upon tho legislature in such leg |
islation. is that the rights guaranteed |
Hereunder shall not be curtallcd. or
any undue due burdens placed thcre- !
en-. Supple mentary legislation IN par |
ticulars where. Ia ltself, il is NOT as
complete as may be desirable, may be I
cracted
6. SAME A restriction or limita |
ton upon the power OF the legislature |
upon any subject of legislation. Will |
not be presumed or implied. unless
from the entire instrument it clearly |
appears that It was so intended
: 2. rhe prohibition article was not |
Intended as limitation or restriction
upon The power of the people. through /
the initiative or the legislature. to en-
act additional or supplemental legls |
lation relative to the liquor traffic. ex
cept that no enactment should contra
yene the provisions OF such ordinance
8. Whenever Il is clear that either /
Of the words "or" or and" has been
mistakenly used for the other. the |
word Intended will be substituted for
the one nistakenly used, so as TO car
~ out the leglslatice intent
3. Il is not that "or" is read "and, % |
for "or' never means and. but or |
when useh by mistake for and |
should be substituted by and" the |
legislative intent imperatiyely so re-
quiring.
TO- Sec tiop 8. article 3, of the EN- |
forcement Act. was evidently intend |
ed by the legislature to follow the Ian
fuage Of section 80, article (lunn's /
Ed sec. SO). of the constitution. rela-
tive TO search and seizure. ana that |
word ror was inserted, either by the |
framer OF the act or By the copyist, by
inadyertanee or clerical error, and in
order to carry out the evident legis-
latiye intent. the same viii be con
strued by substituting the coniunetivo
particle and In the place Of the dis
junctlye "or"
IL. The presumption is that the leg
islature does not intend to make any |
change in the existing law beyond |
what is expressly declared. and when /
an act creating a remedy or right does
o. pitSctlue lhc procedure tntfelOis /
II will he assumed that the general
mode Of procedure was intended. un-l
less the same is expressly excluded. |
-. In trials as to property rights |
rsder section 6. article 3, Of the "En- !
forcing Act claimants are entitled |
70 the right OF trial by jury
Opinion Of the Court by WilIiame. C.j.
Reversed and Remanded.
"a the Supreme sourt of the State OF
Oklahoma
international Land Company Appel
liant.
VS..
Joseph Marshall, Appellee
Syllabus by the Court.
:. Equity will refuse to lend its aid
IN any manner TO one seeking It's ac-
tive interposition, who has been guilty
Oi any unlawful or ineQuitable con
duct In the matter with relation 10
which he seeks relief
z. Where a party fraudulently rep
resents that he is over twenty-omc
years Of age and in fact he rs only
t.t..