Idaho County free press. [volume] (Grangeville, Idaho Territory) 1886-current, 1915-06-24
CAPT. DAVIS SEEKS
TO ANNUL THE
FARM BILL
ASST. ATTY. GENERAL DIRECTS
AUDITOR TO PAY NO CLAIMS
OUT OF APPROPRIATION.
20 WORDS MISSING IN BILL"
Attack Bill as Unconstitutional-Fa
Director Sholtz Has Been Getting
Good Results.

Captain +. G. Davis, assistant to the
attorney general, attacked the farm
markets bureau Monday by issuing an
order directed to the state auditor to
refuse to issue claims against the $780,
600 appropriation carried by the act
creating the bureau. The assistant to
the attorney general contends that the
act is unconstitutional in that its title
does not refer to the appropriation
carried by the body of the net. Stimuli
taneously State Auditor Huston an
nounced he would comply with the new
order. Director w. G. Stholtz will
bring manadamus proceedings against
the auditor on his refusal to issue
warrants on the appropriation and the
issue will probably go to the supreme
court for settlement.
Cites Constitution.
The grounds on which the assistant
to the attorney general bases the law
as unconstitutional is that it is con
trary to section 10 of the state consti-
tuition, which says: Every act shall
embrace but one subject and matters
properly connected Herewith, which
subject shall be embraced in the title;
but if any subject shall he embraced
in an act which shall not lie expressed
in the title, such act will lie void only
as to so much thereof as shall not be
embraced in the title. =
In the Interpretation of this section
of the constitution the Idaho supreme
court has placed the fol owing con
struction on the section:
$ The generality of a title to bill
is no objection to it, so long as it is
not made cover to Legislation incon-
gruous in itself, which, by no fair in
tendment, can be considered as having
necessary or proper connection with
it, 8 Ida. 80.
The courts must give liberal con-
struction to the language used by the
legislature in framing the little to any
given act which it may pass Q Ida.
1913.
The intention of this provision was
to require a title sufficiently definite
and comprehensive to indicate, to one
reading it, the general scope and pur-
pose of the legislation intended by the
act, and if the title be sufficient for
that purpose. it will be hell 10 include
al essay a.tl incident legislation
r aniisd to make the gene rial purpose
0 he act operative.
Director Makes Statement.
Regarding he attnck made on the
bureau by tha assistant attorney gem
eral. Director S@holt2 said:
The bill creating the farm markets
department was passed 10 the last leg.
islature, almost unanimously, only five
votes being recorded against it in the
senate and eight in the house
When the bill was first presented
IN the lower house the necessary appro.
priaton was omitted, through an UNI
Outstanding with the committees on
agriculture and appropriations that the
appropriation for the department would
be carried in the general appropriation
bill but in the rush of making the APP.
preparation bill, near the close of the
session, the item was overlooked and
the appropriation bill going through
without any provisions being made for
the department. Thee appropriation
was then placed back into the bill it
self and passed under suspension of
rules, but in the rush and excitement
of the closing days the omission of the
words, and providing an appropriation
therefor was overlooked. The bill it.
self, however, clearly shows the intent
of the legislature, in the following sec !
ton: There is hereby appropriated
for the biennial period of 1915.19l6,
out of any money in the treasury not
otherwise appropriated, the sum of
$4,000, or so much thereof as may be
necessary for carrying out the provi-
sions of this act
= Now, for a lack of five words in
the title of the act, Captain Davis de-
sires to secure the adjustment of the
department before it his had time to
justify itself; notwithstanding the fact
that the intent of the legislature is
clearly shown and that tho bill went
through Almost unanimously, backed
by a more emphatic and united de-
mand from the farmers over the state
than was any measure before the last
session.