Tonopah daily bonanza. [volume] (Tonopah, Nev.) 1906-1929, 1910-04-12

ly' or 'obscurely' indicated by the
title. Such connection (between
the title and the subject matter
of the act) should be within the
comprehension of the ordinary intel
lect, as well as the trained legal
mind"
Judge Hawley in State versus
Hallock, quoting from Cooley's Con-
stitutional Limitations, 149, uses
the following language:
The courts cannot enlarge the
scope of the title. They are vest
ed with no dispensing power. The
constitution has made the title the
conclusive index to legislative in
tent. 1t is no answer to say that
the title might have been made
more comprehensive. if in fact the
legislatures have not seen fit to
make it So"
The conclusion, therefore, must
be that since the days of Kent the
tendency to make the title control
the scope of the act has been
growing steady, that now the act
must be consistent with the title,
that the connection between the
two should be within comprehension
of the ordinary intellect, that the
matter contained within the act
must not be obviously or obscurely
indicated, and that the courts can
not enlarge the scope of the title
What ordinary intellect whose
possessor upon reading his news
paper finds that the legislature has
passed an act prohibiting the car
rying of concealed weapons, may
know that he is to be punished If
(, he carries any weapon? And does
he of the ordinary intellect ever
know what acts are passed except
lby reading the newspaper or by
having some acquaintance mention
them by their titles?
There is another phase of this
affair that in justice to myself
must now discuss. This matter
should never have come to this
court. 1t may be that some or al
of these men are guilty of carrying
/ concealed weapons and that they
should be punished for that Of
Tense. The complaints in these
cases are absolutely worthless. Il
has been said that they were in
tended as a trap for SOMEBODY
The thought has occurred to me-
many times during this investiga
ton that they might be double-ac
| ton traps for the district judge
set for him and bound to catcf
him whether he does his sworJ
duty or shirks it. l hope the fair
ness of the people of this commun
ity will not have it SO, and esp 3
cially my many true friends amen4
: the railroad men and the othel
lsIoring men of this COUNTY. VIII
some of them l have worked side
by side in the past and they know
that l would not willingly harm
them or interfere with their rights
The man who drew the complaints
and no one will own up to it, faile,
| ,,ft IN nf
men were guilty of carrying con
cealed weapons, for all he had t.
do was to accuse them of that OF
Tense, and there would be no neeC
of writs of habeas corpus; the.
would be in Jail where they belong
His ignorance does not excuse him
and if any trickery entered into /
he is beneath contempt. His ira
should become boomerang BIZ
enough and swift enough to teacl
him a lesson.
In granting these writs | tax
occasion to say that l have no sym
, pathy whatever with men who car
ry arms out of bravado, or to in
timidate their fellow men, or fo
+ any other purpose not strictly legit
mate | am sorry that the legis
lature of 1903, did not make tn
title of the act read "dangerou
weapons instead of concealed
= weapons, for l think such an az
useful and needed and will do a
r can to see that the next legisls
/, ture passes such an act.
regret more than l can say tina
the rulings of the supreme courts c
, this and other states require tha
| should turn these men loose, an
, assure the people of Nye cou