The St. Joseph observer., 1922-04-15
BLAIR CASTS DECIDING
VOTE AGAINST BRADSHAW
Continued from Page Ons)


the intelligence Of the magnificent bar
Of the state. and would be at the sac
rifice Of our own judicial sclf-respect.
THE opinion mentions that in the
course of the trial Bradshaw's atten-
| tion was called to certain checks OF
! his against the private inspection fund.
! That the numbers of these checks
| were specified in the written charges
! preferred, and the book and pages
were found where given. Some seven
| Of the written charges were of this
/ Kind. Sec. Al Of the Act Of 1913, pro-
| vides that all fees for the inspection
! OF grain in public ware houses and
| elevators shall be paid into the state
| treasury monthly ana become a part
] of the general revenue fund of the
/ state. No provision that | find au-
! thorizcs a private inspection fund. or
/ any books to be kept in connection
! herewith. The act refers to public
! ware houses and elevators, and all the
/ fees from this source go to the state
| treasury. There is no charge that
| these legal fees were not deposited as
! required by law. This, only, In answer
| to my brothers opinion, and is not
! intended for an opinion upon the trial
Of Bradshaw I'm any way,
Applies to u single officer
'Reatur first contends that Sec. r.
! s. 1919 tthe statute authorizing the
/ removal of rolator from OftiCeD Is void
; for the reason that it Is a special law,
| based upon an arbitrary classification,
and is made applicable to single in
| dividual only, whereas a general law
could have been enacted and it there
! fore violated sec. SO of article " of
! the constitution, and more especially
! paragraph 32 OF said section. More
! accurately speaking the law is made
l.
10y the governor, and to a single office
| Of a vast number of offices filled by
| the governor.
section SO of Art. " Of the consti-
/ tuition, besides prohibiting the passage
! of local or special laws relative to
divers subject, In paragraph 80 further
| provides: In all other cases where
/ general law can be made applicable,
/ no local or special law shall be enact
| cd; and whether a general law could
4 have been made applicable In any case
| is hereby declared a judicial question,
i and as such shall bc iudiCially dcterm-
iued, without regard to any legislative
assertion on tho subject SO that If
4 Section of the act of 1918 is a general
law it is not asSailablc here, but if it
j" a special law upon a subject which
II could be covered by a general law.
| then it is bad. To determine whether
| il is a special law, the subject Of the
| law must he considered in the ConneC-
/ tiun as used. The subject is removal
/ from office, and as used in the statute
it refers TO the removal Of a single Of
| ficer, /. e. grain and warehouse COM
| missioner.
Removal from Office
Removal from office is subject OF
! general character, and can always be
| covered by "A general law made ap-
| plicable to at least "A large class of Of
! ficers if not to all officers except those
| where the removal is provided for by
/ the constitution rather than by statute.
| This law is special in that il refers to
| Il single office, or officer. The class is
! grain and warehouse commissioner,
I and not the divers occupants Of that
! office from time to time. The remov-
| al is from a single office, and the class
! made by the Legislature Is one of a
! single office or officer. To take a law
| out Of special legislation, the Classifl-
! cation made must he reasonable one,
| and one having fair basis for the
| classification. or If the law applies to
| a single object, then 1t must appear
! that the characteristics of this partcu-
| lar object are such, that by reason of
/ which, IL could not be ClaSSpd other
! wise than by itself In state ex rel
/ Gordon, PAS NJ. /. @. y 33, this court
| quoted with approval the following:
/ In order TO determine whether or
/ not a given law is general, the pur-
/ ,,.,f.b it ie i,t.,I,d 30 ,,,c.r.,o ,,,,,.,t
iI,,,,'i 20 Ia "sC
I,g, i,,.i,T1 rro,,t ,,tI,,.. ',. ot9 -, a.
,,., o'' ',,iS t .ii''t
~ 49,, ,ti'.t1 'ii,,'u'' 49,,
fr, tr T.-i,,I,,,,..l ,.',u ,,',i,lI 7IiJ
,i t.,,, 80 t,,'Dl'
i..l.,i,, Xxx, l i,t,, "''" ii,'P tP
KIM ',t' 80 n
lL.t '"' '", a. u .-. SUI
selves, and legislation affecting such
' ''' w.
WHEY SaI4sl" him Out'
"ThC subject Of this statute is the
! removal Of grain and warehouse
! commissioner from office. What
| reason is there for singing ont this
Z enc office or officer in "A statute unto
itself? Are there any peculiar char
acjcristics which would distinguish
l this office or officer from "A dozen or
more appointivc officers under the
control of the governor? In this con-
t'," "v" IL mus h"' pe ,N, "E,I'oohcu tl'I