The Cairo bulletin. (Cairo, Ill.) 1???-1928, 1911-02-26
DAVIS VS.. NELL|S
CASE DECIDED
SUPREME COURT or ILLINOIS
HOLDS NEITHER HAS CLAIM
TO OFFICE OF SHERIFF.
TWO Justices DISSENT
Court He!ds Law Under which Davis
was Removed CorstitGtional--Nel
ia i.cc lily appointed BY Com
ty Ecard.

Special to the Bu.lein:
Springfield, III, Feb. 25.-The su-
IRENE court of Illinois in affirmnS
the circuit court of Alexander COUNTY,
in the cese OF Frank Davis AGAINST
Fred n. Nellis, says that two ques-
tions have heen argaeG in the briefs
fl'ea by tie r,ceectlye parties in the
sal@eme court
First, is the act Of 12)5.unde9 which
Davis was removed a constitutional
enactment, and secondly did the W.
taEey caused by such removal take
place on No. IS, 1909, when the pr1-
cl2mation of removal was issued, or
did Ii take place On December. G, 1909
the day the Governor denied the pray
CT cf the petition Of Davis to be re,
lastatcd n er.ff Of Alexander Countg,
Justice Hand delivered the option
or the majority Of the court, to which
justices Cartwright, Carter, Dunn,
Nickers and Coola assent. justice
Farmer fled a dissenting opinion.
The Dissenting Opinion.
Justice Hand in his option saws
that the contention that tie act hica
gives the Governor power to remove
sherii!'s who have allow@ a pr:son-
er to be taken from their custody anu
lynched Is unconstitutional because
it embraces numerous subjects which
are not included in the act and that
therefore is in violation of that part
Of section 13, article four, of the
constitution Which ssys taat no act
shall embrace more than one s1b.e -,
and that shall be expressed IL the
title, is not good
1t is contended by Davis tlat ,ha
act creates new crime by making it
q felony for persons composing a
mC5 to Violently ilaict material dam.
age NJ on the property or serious IL.
jury vpon the persca ander pretense
of exercising correctional powers ar |
giess the rigit 10 ste the rom o.
city for damages, c. son Their legal
heirs to size the county ami city. and
that sec ion six gives tie governor
tie right to remove the sheriff fro'l
oaice If a party is taken from his
crstodY and lyached, all Of whte1
Il is urged are subjects not einbc i.
led within the title of the act
Majority Opinion.
The court in passing on the consti-
ftttfpnolif.y re hn
constitutional requirement that no act
of the legislature shall embrace more
than en- subject and that shall be
expressed in its title was not intend
ed to hamper the legislature or t.
embarrass honest legislation, bat Was
adopted with the view OF prevent
ing matters not related 10 &c $50
!ect matter or legislation then in u'r
consideration from being incorpo"d-
ted into the act then being passed
and not referred to in the title Of
the act, All provisions may Ea l2git-
imately Incorporated into an arr
which fairly tend to effecrate the ID.
lect OF the act as expressed in the
tue The title Of the act new under
consideration his IAN act to suppress
mob Violence" and al provisions Of
that act are within taat title which
will reasonably contribute to the sun
preston CT mcb violense. 1t is, we
think, too clear for argument that
these provisions of such act which
provide that persons engaged in MOB
violence shall be uiltS o. felony ami
subject to imprisonmen: IN the ren'-
tentiary will tend to prevent men
from joining mobs wien assembl az
and will tend to the suppression of
mob violence, and we think If Is
equally clear that the impos ing Of
liability for damages upon the county
or city in favor of the victim of
mob whenever mobs are permitted
10 assemble, or in case of his death,
in favor of his widow or aeirs or
adopted children will cause the tax
payers of such county or city 10 DIS
courage the assembling of mobs with
in such municipality and will cause
all assembling of mobs within such
municipality and will cause all law
abiding men residing in such com
munities to condemn and denounte
inCb yiolance, the result of which
mist be to encourage respect for the
law and its enforcement and to dis
courage the assembling of mcbs".
The court says that the removal
of the sheriff also tends in the same
direction to discourage MOP violence
The supreme court holds that tns,
contention that the act is void pe-
cause 1t gives the Governor power TO
remove elective officers and declare
their office vacant in violation or sec-
tion five of the constitution, Is not
we'll taken, for, the court says, tnsre
is found the constitutional limitation
upon the power of the legislature 10