The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1908-12-01

toxicailng liquors for &c tain 9urp0ses,
and providing fcr referring the same
90 the people. prohibiting The manufac-
ture, sale. barter giving away or 9th
erwirr furnishing OF intoxicating liquors
excerpt as herein provided. providing 70
the appointment OF an attorney, and
Tor the enforcement Of the provisions
of this act making AN appropriation
and declaring an emergency contra
vrncs section 81 nrticlc 3 tBunns I'D
see. 1900. Of the constitution Of Okla
hoiaa.
2. Is the prohibition article submitted
separately and atiied M the same time
the cunsttu ion wRF. an implied limita-
tlon on lie Legislature. and in secton l.
for the reason that it exceeds such lime
tatiunl
3 Are the search and selzase pro-
vislons OF the Enforcing Act" tSecs. >,
SCss Laws. Okla, 1001-0S 9p sos sos
il conflict with section Z. article .
Rnan's Ed sec. iS) Of the constitu-
& Does section s. article 3. Supra. OF
the Enforcing Act" " accord with sec
ti9n 30, article 2 sums Ed. sec. s9},
Of the constitutions
enforcing Act" gsess. LAWS. Okla.
l9O7-0s pp. sos 606). or any portion
thereof connlct with section 10 article
article z silunns Ed. sec. 1887. Of the
constitution?
The tltle OF the Enforcing Act" re-
iates primarily to only one subject
namely. the prohibiting Of the manu-
facture. sale. barter. giving away, ~
otherwise furnishing OF intoxicating iq-
uOrs, except as otherwise provided
(Which Is for medicinal, industrial or
mechanical purpOseg.t The ustablish-
cmht OF such agency, ur agencies. for
furnishing such liquors for medicinal In
dusirial or mechanical purposes the
providing FOR the appointment Of an al-
torney 20 prosecute violations OF said
act. the referring Of same to the people
for their approval or rejection the MAKE
lag Of an approx intion to Gerry Same
emergency. nTe all refemble and cog
nate 10 such subject expressed, and 80
Go make up g complete enactment. or
result as complemeDt Of the main
thought therein contained.
On February 9TH. a. d.. 1888. the leg
islnture of Alabama passed an act Ito
regulate the business Of building and
loan gssociotions IN this state; to pro-
hibit such associations frpm hypothe-
eating and transferring their securities.
unless such privileges be granted by
the general agscmhly. TO require assocla-
tirnF organized IN other stntcE and tor
state treasurer In trust for their mem-
hers and creditors. and prescribing how
such securities shall be withdrawn, and
requiring such association to pay n H.
ccnsc OF tw9 hundred dollars per annun
10 the state auui or for the use OF tho
state defining premiums. fines and
Ftock taken 20 represent premiums. re-
Quir ng snciations TO pay taxes; ia
require from associations from other
staies cad territories the Same oblirn
tlous. requirements and prohibitions that
such other states and territories require
81 associations organized Ia this state
and dong business In such other sta es
or criea; defining building and loan
associat'ons;' 20 require officers hand
4. "a.
NY 20 associations combining their bust
ncfs no onn county: to prescribe a pen
giiy for doing business before comply
ing With this act; and providing for as
do not dcsiFe 10 comply with this nct
foreign associations have until LIST day
of June, 1893. TO comply with thig act;
when TO go Into effect" ;Aett of Ala,
In he case ease OF Lindsay rs. United
states Saving & Loan Assoc ion, ct al
100 Ala ia - So. III, the late NV
CHIEF Justice nrickell IN delivering the
opinion Of the court, said.
"'fhe title OF the act is Of guiher Pc
culiar construction. First, as Is more
usual, general words are employed "a
cxnress the subject To regulate IN,
husiress of building and loan associa-
tions In this state These general wordf
arr succeeded by an abstract or cat
glcgue of the contents Of the act ex-
pressiVe OF the matter OF each section
teNcept the repeating clause Of laws IN
conflict with the nct). descending to the
section dechn ing that the act should
take eneet Immediately on It's passage
ma approval The part or clause of the
title which She hfth section must hC
referl cd--fOr there ls no other 60 whicn
IL can b" referred--rcads. Defining pre-
miums. fines nnd stock taken TO rcprc-
sent oremiumf The constitution dOcs
not contemplate Multiplicity uf tides
VI conicmplatcs bat one title. and leaves
the form which may be given IL TO leg.
NaNn al ion
in general words. or Il may he a brioi
giatemcnt of the subject or II may D.,
an index 81. or an abstract o. the con.
fonts of De act. The constiituieu D
sntshcd u the act has hut one genera
subject. nnd that Is fairly indicated log
iho tiilo."
The title OF said ect docs mt cnn;ra-
vonc section 90 article CGunn's I'D. se,'
~ county Cnmnilss oncrs recently &c.
cidcd hut Hot yet officially roportpf
Far to1ln. G Nollo state Bank Vs. Has
kei az ul % Pac tOkla $40. Poat
creek ~ 4auEell. et a. "a Pac. okla.
33S, in rc j. 4. Menefco, treasurer ct aN
recen o. decided hut not vet oYiciall,
reported, Pac ,okla)
Was q The intention Of tfc luanltfs O.
the contribution of cur stotc. in propos
ing and separltely submitting the pro
mutton cllusc, ina Il should operap
as limitation uuun TIE pnwcr of th'
legispture Win respect to dcillng viii
tho liquor qunsi oa2 In constituting snme
ihc priun y lnQury a. to ascertain thi
ia onii9n of the frumcgs and of the poo
pie who adopted the chuse under con
giderltlon 'o determine which lcchnicl
rules should he isrcgaried and q mcal
between q strict And "a l|hcril construc
,lou adoaicd. Cooleye Sonst. Tim. t7tl
Ed r. 90. 3 CYr f30. 3 current lam
622; 6 Am e Eng Law end sd 92i
This prev sion has boon held hy thi
court % he self-exccn ing capable o
being put into operation without addi
tiongl icRisl0t cn. EN plrie Cain a3 fRt
toklal Nli RESPONDENT contends, "thn
Tar VIII We 80 in fhe matter ~ prohih
ifing the Legal afic i1 intuXicatin
liquors, and no further" insis inE tina
when The constitution defines thv cir
cumstnnecs under which a right may d
exercised or "a penalty imposed. th
specification IL an implied prohibition
against leeisia iYe Interference TO add &
tie condition or extend TIE penalty 4
other cases Holly VS. State, "A Tex
Grim. Amp aOS.
In cases where provision Is self-cx
ccutlng legislation may stin be desir
iNe hy way of providing a more speci
&c and convenient remedy and faclhtat
Ing the carrying Into cffect or cxecutio
tre rights secured. making every ste
dennte, and slfekuardlng the same >
as a prevent abuses. Such Legislation
however must be IN harmony with IN
s-lit N She eonltitutOn. and / ohicy
"a further the exercise Of conNtltutions
right and mafe IL more aNailaNie an
rlrh ltNs must not curtall the right
reserved or exceed he limitations sne