The American issue. [volume] (Westerville, Ohio) 1912-19??, 1923-04-20

stituton was intended 10 prevent a
combination in the same Act OF laws
upon wholly different subjects; 10 avoid
the union Of ineongruous matters in ono
statute; 10 secure unity OF purpose i'll
legislative cnactments.
AS stated in several of our cases,
the object and purpose OF the ono sub
Jet of legislation contained in the Con-
stitution was to prevent the union, i'll
the same Act, OF incorgruous matters,
and OF objects having no connection OF
relation. We therefore hold that this
contention is without merit
THIRD, the Court held that Art. l
of Sec. 4, OF the State Constitution
was not violated. The Court OH this
point said:
at is oontended tina. the legislature
transcribed its power in providing for
the punishment of any officer OF any
corporation consenting to or knowingly
permitting a violation OF the provisions
of this Act by any one on behalf OF
such corporation.
The insistence is that such a pro-
vision dcprivcs the corporation officer
OF his liberty and property without due
process OF law because it attempts to
penaize and make commercial 4 mere
act of omission OF passive knowledge
without any active participation or as
sistance on the part of the person who
is not even in any confidential relation
to or in control OF an actor in the al
legged wrong.
'In Our opinion, this language is not
susceptible to such a construction. The
officer is not to be punished because he
docs not dissent, but only where he as
sents, in the sense that he aids or abets
in the offense'
"The word consent has been defined
as implying a degree OF superiority, al
least, the power or preventing. 1t I'M
pISS iiot HlClNiA liidl liiS pcs az
cedes to, but authorizes, an act .
Cowen V. Paddock, II y. Y.-3Sz, g.
Ilun-622.
in = Corpus Juris, SO, in defining
the word, it is said: The term implies
the power to authorize and to prevent
a degree of superiority which arise;
from the presence of combined men,
tai and physical ability to act; it also
implies not merely that a person &c.
cedes to, but authorizes an act -
See also Geddes Y. Bowden, 10 S. c
i.
This provision of the Act, in oul
opinion, simply makes an alder anc
abcttor punishable as a principal, which
would be true, under the general law
regardless of the provision complained
Of"
FOURTH, the Court held that Sec
=, Art. I, forbiddirg unreasonable
searches and seizures was not violated
femarking tnat-
This question has been SO elaborate
ly discussed in the recent case O
Hughes Y. State, las Tenn, 544, that I
review OF the authorities here woulC
be a useless and unnecessary consump
ton OF time.
Counsel for the defendant does no
point out wherein said Act violates thi
provision OF the Constitution. 1t cal
not be commended under the facts, tina
the search was unlawful for the Of
hcers were advised that the defendan
was engaged in unlawfully selling in
toxicating liquors at his place of bust
ness and, upon such information, the,
procured search warrant and went tt
his place of business and seized thu
bottles of whisky that the dcfendan
undertook to make way with. In othe
words, under the facts disclosed by tn
record, we are OF the opinion that i
there were search in this case it wa
not an unreasonable one. No question
was raised as to the seizure of TIL
whisky being unlawful The liquor wa
not introduced in evidence, and no mo
ton was made for its return. This as
signment OF error must, therefore, b.
overruled.
FIFTH, the Court also overruled tn
objection to the validity OF Sec. 3 o
the Act, making second violation o
its provisions felony, saying;
The statement of Mr.. Justic,
Shields in Richardson V. Young, H.
Tenn, 523, is applicable here, and i
as follows:
In Rcelfoot Lake Lcvcc Diet Y
Dawson, 81 Tenn, I7o, SO S. W. 1o4S
"a L. r. A. US, Caldwell, Jr. said
1t is not every Act with unconsti
tutional provisions that must fail il
toto Ii, notwithstanding and without
such provisions, there be left enough
for complete law, capable of enforce
ment and fairly answering the objec
of its passage, the courts will rejec
only the void parts and enforce tn
residue
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