The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1908-12-01
JUSTICE WILLIAMS
OPINION UNFOLDING
ENFORCEMENT ACT
~ Ti4E SUPREME COURT or THE
STATE oE OKLAHOMA

~ TFE SUPREME COURT or THE
STATE or OKLAHOMA
state Of Oklinoma cx rel Fred S. Cald-
Wcll. counsel to the Governor, kehttor
We sam Hooker County Judge Of On
lahona County, Respondent No. SeS
SYLLABUS HN TIE COURT
4. An act. the general Object or
which was &c prohibit the manufacture
seie. barter, giving away OF otherWlse
furnishing OF intoxicating liquors, eA-
cept as therein provided for medical, IN
dustrlal and mechanical purposes, eniit-
Ted 'An Act to establish a state agency
and local agencies for the sale Of intoA'
eating liquors fog certain pniposen, and
providing for reie ring same 10 the peo-
pie; prohibiting the manufacture. sale
barter. giving away or Otherwise fur-
nlanlng OF Intoxicating liquors, except
as herein provided providing for the ap-
pontment Of an attorney, and for the
enforcement Of the p' DIVISIONS Of this
act; making an appropriation and de-
claring an emergency Is not IN con
1ict With section 81. article Dunn
I'D acc. 1901. OF the constitut on of OR
iahoma, because the title contained an
abstfdct OF the contents OF the act ths
constitution being satisfied II the ncl
hAe but one general subject and tnat
u fairly indicated by the title. II may
have many details, but n they all re-
lnte to th esame general subject ol
object, they are properly ipcluded tnere'
"a. The tiiie may be expressed In gen.
eral wo ds or 1t may be q brief state
nent Of the subject, or Il may be az
index TO or an abstract Of the contents
Of the act.
In constituting a provision OF @ con.
atltution. the primary inquiry Is 90 AS
certain the intention OF the trainers and
Of the people who adopted the slme. ant
ia such construction and determination
technical rules should be dlsfcs rded
and. as a rule a mean between 81 icl
and liberal cons ructiOn followed.
Though N constitutional nTONIslOU
may be self-eNccuting. yci Legislation
hay be desirable for the better protec-
ton OF the right secured, and Go pro-
yido 8 more specific and convenient
rcmedy fer carrying out such provision
6 SAME. The only limitation. unless
otherwise expressly lndica, ed, imposed
upon the iegislatu IN such legislatioh
i that tho rights guaranteed tnereun-
Der shall not be curtailed, or any undue
burdens placed thereon. Supplementary
Ieglslation IN particulars where, In IT.
seif Il Is not as compile e as may be de-
olra0le may be enacted.
s SAME. a restriction or limitation
upon the power OF the legislature. upon
any subject OF legislation, VIII not be
presumed or implied. unless from the
cntire instrument Il clearly appears tina,
Il was 80 intended
z. The prohibition article was not
intended as a limitation or restriction
upon the power of the people. TIN ough
the Initiative or the Legislature, TO en-
act additional or supplemental icgisls-
tlon relative to the llquo traffic, cK.
cept that no enactment should contra
3. Whenever II Is cellar that either
Of the words "or or and has been
mistakenly used Tor the other, the word
Intended WIN be substituted tor the one
mistakenly used. so as TO carry cut the
Legislative nteni.
D.. x Is not shat ''or'' is read ".nd''
70. -'- never means and" but 'or
be substituted By and the legisla-
tive intent imperatlvely so requiring,
10 section 3. article ., Of the. En-
the legislature TO follow the Language
cf section 30, article 4 Bunn's ed. sec.
Ss) of the constitutions. relative 60
search and seizure and that the word
'or'' was inserted. either by the frnm-
er Of the aci or by the copylsi BY IN
adye tance on clerical error and Ia or
der 10 carry out the evident legislative
intent. the same viii be construed by
substituting the coniunclivc particle
.and'' IN the PLACE OF the distinctive
II The presumption IS that the lcgls-
tnrc does not intend TO make any
Is expressly declared. aud when an act
creati.S remeeS or right docs not
prescribe the procedure the cior, VIII
be assumed that the general mode OF
procedure was intended unless the same
10 expressly excluded
u, In trials as to property rights
s.sa,i nndsr section article article 3 OF the En-,
ORIGINAL PRocGEoiNo IN MAN.
rr.a g ra,a,,.,pi piAmos p,.,, ,s ~
=, Smith. for relaior. J. II. Grant c.
respondent.
Writ granted on conditions.
on iN me s,h S"sw' day sf septemSer ST 4 D.
1908. the relator Fred $. Caldwell ni
counsel 10 the governor OF the state
Joined by Edward E Reard0n. county
attorney OF Oklahoma county, institul-
81 this action IN this court by peti ION
alleging that the respondent was a..
duly elected, qualified and acting coun-
~ JUDGE ol said county. and had beer
con lnuoualy since the 10th day of No
vembcr, a. d. 1897; that on the Sth daA
Of September, A D., 1908, there was pre-
sentcd 10 said respondent. as count,
Judge. an informstlon or complaint, ~
due FORM duly supported By the an davi
OF Jas. l.. Brown. and endorsed re-
specslVely by the county attorney nnt
county judge Of said county as follows
Oklahoma CITY, u,tla Sept Sth. 1905
l examine,, facts and ecommend lha
tsiEnedi EDWARD r. REARDoN
County ATTORNEY
This showing presented 10 me %
open court and ] refuse 20 issue thi
search warrant prayed for BY Jas. J.
Brown, FOR the teason thai hold is'
AFA lNltfI'A 10 iNibil anu Nllt MNtN
the warrant Is sought 20 be issued t'
pc Unconstitutional ana void under ih'
cons tuition of Oklahoma. Applicant cS.
eepis. Dated Sept. s, 1905
saigped) SAM HOOKER
County Judge
II Is further alleged that said re-.
spondent IN failing 20 take jurisdiction
ahc issce the search warrant praya,
tor, sailed and refused 10 perfo IN a dutl
Imposed upon him by law as Judge o.
said county courf Il Is fursher alirgc,
tnat under the law all appeals from iuf,
ices of the peace IN Oklahoma count,
are reinfnable 20 che slid county court
over Which the respondent presides a.
judge. and TINT practically ai prnseru
lions 10 violation ~ Che laws ~ Okla,
hona relating 90 the sale of intoXicit
Inc liquors are cosnizabe before sal,
county court and that said respond
ent, IN holding the said act cOmmOni,
known as the "Billups Bin" othefWi is,
herein referred 10 ns the "Enfnrcini
Act" Unconstitutional and void. render
II impracticable to enforce tho pr0gialon
OF said law IN said county and that "a
state has no Olher plain and adequa;,
remedy except BY mandamus
WHEREFORE the petitioners pray tha
this court take original Jurisdiction IN,
issue an alternative writ Of inandamu
20 the said respondent, commanding hin
20 assume jurisdiction and issue ~
search wafrani a. PRAYED Tor or % Rp
pea before this court at a stated { n
and show cause II any why said wri
should moi he made final and peremptpr'
Opinion Of The court hy Williams e. ]
n u necessary 10 pass on the follow
Ing QupffinnE. In order "a Ilgnrr.t