Newark evening star and Newark advertiser., 1910-03-14

/ lie IildnlIoSl DOSc was W PA CfCAti
surprise upon the part of the law
maker by the passage of bills the OBJ
ject of which is not fairly indicated by
the title; and also, of course, 10 pre-
vent the combination of two or more
distinct and unconnected matters In
the same bill. If the title and the
body of the act present no ineongruity
which by reasonable inference could
present this vice, then the act is not
unconstitutional. This constitutional
provision has received frequent con-
struction by the courts of this State. :
In this connection the brief cites the
case of walter against the town of
Union" There was involved a statute
entitled AN act to incorporate the
town of Union" and later enactment
entitled "An act to amend an act to in
corporate the town of Union" There it
was broadly held that under such
title all the powers usually granted a
town for its government could be un-
derstood to be embraced in the title.
and the point is made:
Reply to "Tftleo Argument.
Does the title, by fair intendment,
suggest the purpose of the act? The
title, in plain terms, from which the
lawmaker must reasonably accept his
notice, suggested plan Of taxation
which related to legacies. Anything
which such a plan involved must, of
necessity, under the authority just
quoted, have been suggested by the title.
What in fact follows in the body of the
act is a plan to impose tax upon the
transfer of legacy, a transaction
which, in the nature of things, must
have origin and distinct relation to the
legacy itself. If tax upon the trans
fer of a legacy be a matter related to a
tax upon legacies, then the lawmaker
had sufficient notice of the contem-
plated legislative act, and the provision
of the constitution had not been con-
travened.'
In answer to further attacks on the
law, the brief says:
But again it is urged that. the title
of the act is narrower than the body
of the act, and accordingly the act ltseii
is again brought within the provisions
of the constitution just referred to. This
claim will doubtless be predicated In
part upon the suggestion that the title
of the act in terms, relates to intes-
tates estates, gifts, legacies, devices
and collateral inheritance, in certain
cases. and that the third paragraph of
section one seeks to impose transfer
tax not only upon gifts but also upon
property within the State passing by
deed grant, bargain and sale 1t will
be insisted that the passing of property
by deed grant. bargain and sale is
,,,a+,,1d os +ronsfa, naitber contemn-
iatod -, s,,,srast,d NV tho title
s.,ro +hia nIoir, +u,o .psu,ers are me-
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